Guam § 80 - Extension of Limits of Confinement: Failure to Adhere to Conditions Punished: Failure to

§ 80. Extension of Limits of Confinement: Failure to Adhere to Conditions Punished: Failure to

Return is Escape.

(a) Except as otherwise provided by law, either the court at the time of sentencing or the Director of

Corrections after the offender has been placed in custody, may extend the limits of his confinement to

permit the offender to continue in his regular employment or educational program or if the prisoner does

not have regular employment or a regular educational program, to secure employment or education. Any

employment or education so secured must be suitable for the offender. Such employment or educational

program if such educational program includes earnings by the offender, must be at a wage at least as high

as the prevailing wage for similar work in Guam and in accordance with the prevailing working conditions

COL 2024-12-05

in Guam. In no event may any such employment or educational program involving earnings by the offender

be permitted where there is a labor dispute in the establishment in which the offender is or is to be employed

or educated. Whenever the offender is not employed or being educated and between the hours or periods

of employment or education, he shall be confined in such facility designated by the court or Director of

Corrections.

(b) The earnings of the offender may be collected by the Director of Corrections. From such earnings,

the Director may deduct such costs incident to the offender’s confinement as the Director deems appropriate

and reasonable. The Director may also deduct payments for the support of the offender’s dependents and

forward such payments to them.

(c) In the event the offender violates the conditions laid down for his conduct, custody, education or

employment, the Director (or the court, if the limits of confinement were originally extended by the court)

may order the balance of the offender’s sentence to be spent in actual confinement subject to any release

on parole pursuant to Article 5 (commencing with § 80.70).

(d) Willful failure of the offender to return to the place of confinement not later than the expiration of

any period during which he is authorized to be away from the place of confinement pursuant to this Section

is punishable as an escape.

(e) Except for inmates participating in the Work and Educational Programs, all inmates sentenced to

the custody of the Department of Corrections and in the Adult Correctional Facility shall be issued uniforms

which they shall wear at all times they are outside the facility. The uniform shall be prominently marked to

indicate that the person wearing it is an inmate. The uniforms shall at the least have the letter “P”

permanently marked on the front and back of the shirt or top portion of the uniform. All inmates including

those in the Work and Educational Programs shall have as many haircuts as necessary to maintain a short

style so that hair does not extend over the ear or over the shirt collar of the uniform. No beards shall be

worn by inmates.

(f) The remaining balance of earnings by an inmate from participating in a Work Release Program

shall be deposited into the Criminal Injuries Compensation Fund (the “Fund”). After complying with

subsection (b) of this Section, associated with support of dependents and debts, the remaining balance shall

be deposited in the Fund.

(g) Termination of Eligibility; Work and Education Programs.

(1) Notwithstanding Subsection (c) of this Section, any inmate who has been placed under the

work and educational programs must comply with the conditions laid down for the inmate’s conduct

while enjoying the benefits of the program. Any violations of the conditions, such as failure of the

offender to return to the place of confinement within the time pursuant to the terms and conditions of

the programs, shall suspend the offender’s eligibility to the programs as outlined below.

(2) Any inmate who is found guilty of escape or attempted escape shall immediately be removed

from work and educational programs and shall not be eligible for participation in work and educational

programs for a period of not less than five (5) years. Any inmate not currently participating or eligible

to participate in work or educational programs and is found guilty of escape or attempted escape shall

not be eligible to participate in work or educational programs for a period of not less than five (5)

years.