Guam § 80 - Presentence Report: Use Regulated.

§ 80. Presentence Report: Use Regulated.

(a) [No text]

(1) The presentence report shall not be a public record.

(2) It may be made available only

(A) to the sentencing court,

(B) to any reviewing court where relevant to an issue on which an appeal has been taken,

(C) to any examining facility, correctional institution, probation or parole department or

board for use in the treatment or supervision of the offender and to the parties as provided in this

Section.

(b) At least two (2) days before imposing sentence the court shall furnish the offender, or his counsel

if he is so represented, a copy of the report of the presentence investigation exclusive of any

recommendations as to sentence, unless in the opinion of the court the report contains diagnostic opinion

which might seriously disrupt a program of rehabilitation, sources of information obtained upon a promise

of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise,

to the defendant or other persons; and the court shall afford the offender or his counsel an opportunity to

comment thereon.

(c) If the court is of the view that there is information in the presentence report which should not be

disclosed under Subsection (b), the court in lieu of making the report or part thereof available shall state in

writing a summary of the factual information contained therein to be relied on in determining sentence, and

shall give the offender or his counsel an opportunity to comment thereon. The statement may be made to

the parties in camera but shall be included as part of the permanent record and subject to disclosure to the

Parole Board.

(d) Any material disclosed to the offender or his counsel shall at the same time be disclosed to the

attorney for the Government.

(e) [No text]

COL 2024-12-05

(1) Any copies of the presentence investigation report made available to the offender or his

counsel and the attorney for the Government shall be returned to the court immediately following the

imposition of sentence.

(2) Copies of the presentence investigation report shall not be made by the offender, his counsel

or the attorney for the Government.