Guam § 80 - Extended Terms for Felonies: When Allowed: Repeat Offenders.

§ 80. Extended Terms for Felonies: When Allowed: Repeat Offenders.

The court may sentence a person who has been convicted of a felony to an extended term of

imprisonment if it finds one or more of the grounds specified in this Section. The finding of the court shall

be incorporated in the record:

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(a) The offender is a persistent offender whose commitment for an extended term is necessary for

protection of the public. The court shall not make such a finding unless the offender is over twenty-

one (21) years of age and has previously been convicted as an adult of two (2) felonies or of one (1)

felony and two (2) misdemeanors.

(b) The offender is a multiple offender whose criminality was so extensive that a sentence of

imprisonment for an extended term is warranted. The court shall not make such a finding unless:

(1) the offender is being sentenced for two (2) or more felonies, or is already under sentence

of imprisonment for felony, or admits in open court the commission of one or more other felonies

and asks that they be taken into account when he is sentenced; and

(2) the longest sentences of imprisonment authorized for each of the offender’s crimes,

including admitted crimes taken into account, if made to run consecutively, would exceed in

length the maximum of the extended term imposed.

(c) The offender is a dangerous, mentally abnormal person whose commitment for an extended

term is necessary for protection of the public.

(1) The court shall not make such a finding unless the offender has been subjected to a

psychiatric examination resulting in the conclusions that his mental condition is gravely

abnormal;

(2) that his criminal conduct has been characterized by a pattern of repetitive or compulsive

behavior or by persistent aggressive behavior with heedless indifference to consequences; and

(3) that such condition makes him a serious danger to others.