Guam § 80 - When Parole Permitted.

§ 80. When Parole Permitted.

(a) When Parole Permitted. An offender sentenced to a term of imprisonment may be released

conditionally on parole upon completion of two-thirds (2/3) of his fixed sentence or thereafter in accordance

with the provisions of this Article, provided that in the case of an offender sentenced to a term of

imprisonment for the commission of a violent crime, such offender may be released conditionally on parole

upon completion of eighty-five percent (85%) of his fixed sentence or thereafter in accordance with the

provisions of this Article.

(1) Nothing in this Section shall be construed as limiting or mitigating in any fashion the

discretionary or mandatory imposition of a sentence of life imprisonment without parole for any

offense, as may be detailed elsewhere in this Title or the laws of Guam.

(2) For the purposes of this Section, a “violent crime” is defined as one (1) or more of the

following:

(A) aggravated murder, as defined in 9 GCA § 16.30;

(B) murder, as defined in 9 GCA § 16.40;

(C) manslaughter, as defined in 9 GCA § 16.50, and when such manslaughter is not

involuntary;

(D) aggravated assault, as defined in 9 GCA § 19.20, and when it is a felony in the first

degree;

(E) kidnapping, as defined in 9 GCA § 22.20, and when it is a felony in the first degree;

(F) first degree criminal sexual conduct, as defined in 9 GCA § 25.15;

(G) second degree criminal sexual conduct, as defined in 9 GCA § 25.20;

(H) aggravated arson, as defined in 9 GCA § 34.20;

(I) first degree robbery, as defined in 9 GCA § 40.10; or

(J) second degree robbery, as defined in 9 GCA § 40.20.

(b) A sentence to a fixed term of imprisonment includes, as a separate portion of the sentence, a term

of parole or of recommitment for violation of the conditions of parole which governs the duration of parole

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or recommitment after the offender’s first conditional release on parole. The term is three (3) years unless

the conviction was for a misdemeanor in which case it is one (1) year.

(c) If an offender is recommitted upon revocation of his parole, the term of further imprisonment upon

such recommitment and of any subsequent reparole or recommitment under the same sentence shall be

fixed by the Guam Parole Board but shall not exceed in length the longer of the unserved balance of:

(1) the parole term provided by Subsection (b); or

(2) the remainder of the original sentence determined from the date of conviction.

(d) When the parole term has expired or he has been sooner discharged from parole, an offender shall

be deemed to have served his sentence and shall be released unconditionally.

(e) Notwithstanding any other provision of law to the contrary, all sentenced and incarcerated first

offenders who have been convicted and sentenced to a prison term for non-violent or non drug offense(s)

shall be eligible for parole after serving fifty percent of their prison term. All procedures for applying for

parole, reviewing and granting parole under this section, except as stated herein, shall be governed by the

provisions of Article 5 of this Chapter.

(f) Upon entry into the Guam Adult Reentry Court Program, the Guam Adult Reentry Court may order

rehabilitation and treatment services to be provided, determine appropriate incentives, order appropriate

sanctions, and hear and determine appropriate responses to alleged violations, unless and until the Court

terminates the parolee’s enrollment in the Program.