Guam § 90 - Inmate Phone Access Act of 2021.

§ 90. Inmate Phone Access Act of 2021.

(a) There is hereby created, within the Department of

Corrections, a revolving fund called the “Inmate Phone Access

Fund” (Fund), which shall be established by the Department of

Administration in accordance with the following provisions:

(1) Notwithstanding any other provision of law, any

revenue that is collected by the Government of Guam for

telephone services within the Guam Department of

Corrections shall be deposited into said Fund.

(2) Any revenue that is deposited into said Fund is to be

used to provide no-cost telephonic services for indigent

inmates or indigent detainees to contact their legal counsel.

(3) Should revenues deposited into this Fund not be

adequate to provide no-cost telephonic services for indigent

inmates to contact their legal counsel, the Director of the

Department of Corrections and I Magaʹhågan Guåhan shall

ensure that any indigent inmate or indigent detainee be

provided with their constitutional right to consult legal

counsel through no-cost telephonic service by any means that

the Director or I Maga’hågan Guåhan sees fit.

COL11/30/2021

9 GCA CRIMES & CORRECTIONS

(4) For the purposes of this Section, “indigent inmates”

or “indigent detainees” shall mean those persons charged in

a criminal case before the courts of Guam who are

determined indigent consistent with 12 GCA § 11104.

(b) Notwithstanding any other provision of law, within thirty

(30) days of the enactment of this Section, the Director of the

Department of Corrections shall create and implement a policy

where indigent inmates shall be allowed to call the Public

Defender Service Corporation, the Alternate Public Defender, or

their Attorney of Record, at no cost to the indigent inmate. The

Director of the Department of Corrections shall submit a report to

I Liheslatura upon the creation and implementation of said policy.