Guam § 80 - Presentence Report: Psychiatric Exam: Temporary Imprisonment for Classification.

§ 80. Presentence Report: Psychiatric Exam: Temporary Imprisonment for Classification.

(a) The probation service of the court shall make a presentence investigation and report to the court

before the imposition of sentence unless the court otherwise directs for reasons stated on the record.

(b) The report shall not be submitted to the court or its contents disclosed to anyone unless the

defendant has pleaded guilty or nolo contendere or has been found guilty, except that a judge may, with the

written consent of the defendant, inspect a presentence report at any time.

(c) The report of such investigation shall be in writing and so far as practicable shall include

(1) an analysis of the circumstances attending the commission of the crime,

(2) the offender’s history of delinquency or criminality,

(3) physical and mental condition,

(4) family situation and background,

(5) social, economic and educational background,

(6) job experience and occupational skills and aptitude and personal habits, and

(7) any other matters that the probation officer deems relevant or the court directs to be included.

(d) Before making disposition in the case of person convicted of a felony or misdemeanor, the court

may order the offender to submit to psychiatric observation or examination.

(1) The offender may be committed for this purpose for a period not exceeding twenty (20) days

(A) to a facility within or licensed by the Guam Behavioral Health and Wellness Center, or

(B) the court may appoint a qualified psychiatrist to make the examination.

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(2) The report of the examination shall be submitted to the court in writing at such time as the

court directs.

(e) If, after presentence investigation, the court desires additional information concerning an offender,

it may order that he be committed, for a period not exceeding ninety (90) days, to the custody of the

Department of Corrections, for observation and study at an appropriate reception or classification center

before making a final disposition in the case.

(1) The department shall advice the court of its findings and recommendations on or before the

expiration of such ninety-day period.

(2) If the offender is thereafter sentenced to imprisonment, the period of such commitment for

observation shall be deducted from the maximum term of such sentence.

2024 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which renamed the Department of Mental Health and Substance

Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, the reference in subsection (d)(1)(B) to “the

department of mental health” was replace0d with the Guam Behavioral Health and Wellness Center.

2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 GCA § 1606.