Guam § 90 - Emergency Transfers of Inmates.

§ 90. Emergency Transfers of Inmates.

(a) Existence of correctional emergency. The Director may

declare a correctional emergency under the following

circumstances:

(1) When the Director determines the existence of

conditions which have affected, or in the immediate future

will affect, the physical integrity of any correctional

institution over which he has jurisdiction or the health or

safety of the inmates thereof; and

(2) The effect of such conditions will, in the Director's

opinion, be to render such institution unable to provide secure

custody and proper care for the inmates thereof. The term

'conditions' as used hereinabove includes, although it is not

limited to fire, earthquake, explosion, typhoon, flood, other

acts of God and calamitous events and diseases, but it shall

not include riot, insurrection or any other disturbance created

by the inmates of such institution.

(b) Procedure for Declaration. Whenever the Director

determines the existence of a correctional emergency as defined

hereinabove, he shall make and execute a short, plain written

statement setting forth the nature of such emergency and the basis

for his opinion that such emergency will render such institution

unable to provide secure custody and proper care for the inmates

thereof. Such statement shall be filed in the permanent records of

the Department as soon after its execution as is practicable. Copies

of such statement shall be delivered to the Parole Board and to the

Office of the Attorney General within five (5) calendar days after

its execution by the Director.

(c) Transfer of Inmates. Following the declaration of a

correctional emergency as provided for hereinabove, the Director

may, without further delay, enter into one or more contracts such

as those contemplated by §§ 90.45 of this Code or by Article III

of the Western Interstate Corrections Compact (§ 90.52 of this

Code), and he may thereafter transfer an inmate or inmates of the

correctional institution for which such correctional emergency

was declared to another correctional institution without any

further administrative proceedings; provided, however, that any

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transfer of an inmate or inmates under conditions of correctional

emergency shall be to a correctional institution within Guam, if

such then exists and then has the capability of providing secure

custody and proper care to such inmate or inmates, and that no

inmate shall be transferred to a correctional institution outside of

Guam under conditions of correctional emergency unless no

correctional institution then existing within Guam then has the

capability of providing secure custody and proper care to such

inmate.

(d) Termination of Correctional Emergency. Whenever the

Director determines that the conditions which necessitated the

declaration of a correctional emergency no longer have the effect

of rendering the correctional institution unable to provide secure

custody and proper care for the inmates thereof, the Director shall

declare the termination of such correctional emergency. Such

declaration shall be in writing and executed by the Director and

shall be filed and delivered as set forth in Subsection (b) of this

Section. Such termination shall be effective immediately upon its

execution.

(e) Return of Inmates. Upon the termination of a correctional

emergency, all inmates who were transferred under the provisions

of Subsection (c) of this Section shall immediately be returned to

the correctional institution from which they were transferred, at

the Department's expense.