Guam § 88 - Departments Develop Testing Programs: Punitive Sanctions.

§ 88. Departments Develop Testing Programs: Punitive Sanctions.

(a) The Superior of Guam, the Guam Behavioral Health and Wellness

Center, the Department of Corrections, and the Territorial Parole Board,

shall cooperate to develop programs for the periodic testing of offenders

under the jurisdiction of each agency and programs for the periodic

reassessment of appropriate treatment and testing made in the initial

substance abuse assessment required by § 88.30 of this Act, or any

subsequent reassessment.

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(b) Any offender who tests positive for the use of alcohol or controlled

substances subsequent to the initial test required by § 88.30 of this Act shall

be subjected to a punitive sanction. The Superior Court of Guam, the

Department of Corrections, and the Territorial Parole Board shall cooperate

to develop and make public a range of punitive sanctions for those offenders

under the jurisdiction of each agency which are appropriate to the offenders

supervised by each particular agency. Such punitive sanctions shall be

formulated in such a way as to promote fairness and consistency in the

treatment of offenders and may include, but shall not be limited to, increases

in the level of an offender's supervision, increases in the use of electronic

monitoring of an offender, loss of earned time granted pursuant to any

appropriate local law or program, and referral of the offender to the court or

the Territorial Parole Board for re-sentencing or revocation of probation or

parole. It is the intent of the legislature that any offender's test which is

positive for the use of controlled substances or alcohol shall result in an

intensified level of testing, treatment, supervision, or other sanctions

designed to control abuse of substances for such offender.

(c) The Superior Court, the Department of Corrections, the Territorial

Parole Board, and the Guam Behavioral Health and Wellness Center shall

cooperate to develop a range of incentives for offenders under the

jurisdiction of each particular agency to discontinue abuse of alcohol or

controlled substances.

(d) No later than six (6) months after the effective date of this Act, the

Territorial Parole Board shall develop and make public guidelines for the

revocation of parole due to the abuse of alcohol or controlled substances in

violation of this act.

2013 NOTE: P.L. 32-024:2 (May 6, 2013) renamed the Department of Mental Health

& Substance Abuse to the Guam Behavioral Health and Wellness Center. Reference to

the Department of Mental Health & Substance Abuse changed to Guam Behavioral

Health and Wellness Center pursuant to P.L. 32-024:4.