"'
FIBST GUAM IEGISLATURE
1952 (SEOOND) Regular Session
CERTIFICA'!'IOU OF PASSAGE OF AU ACT TO THE
GOVK.~NOR
This is to certify that Bill No . 131, "An Act to
provide a territorial parole system; to establish
a territorial pa:-ole board arrl to define their
powers, duties and responsibilities; arrl other
related matters" , was on the 18th day of June,
1952, duly and regularly passed.
A. B. \'TON PAT
Speaker
ATI'ESTED:
~<f2y
Legislative Secretary
---------------------- -----This Act was received b~- the Governor this
of June, 1952, at / ():p,7 o 1 clock }L_.M•
(J,Ofi.
. ..... i....ol
Secretary of Gtam
A.'DJ>ROVED:
_ff~
R. S. HERMAN
Acting Governor of Guam
day
..
FIRSr GUA? lliGISU'lUIL..:
1952 (&;CO£ D) Regular Session
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Bill 1 o . 131
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Intr oduced by - - - - - IgnaciO P. Quitugua, by
reqw st
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Im Act to pr:ovide a territori al pi.role system;
to establish a territori al J:c...!'ol bourd tr'd to
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define ta;ir powers , duties end respons.i hilities;
ar.d other related matters .
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MTICLE I.
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A te?Titori al parole boerd hereinaft er refe?Ted to
Section l.
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TERRITORIAL LO - .!l
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ns "the board", oon sisting of three (3) rembers appointed by the Govem or ,
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by md with the advice an:l consent of the
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within the Governmen t of Guan .
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experienc e are prepared to perform efficient ly the duties of the board
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as hereinaft er provided mall be eligible
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shall 'be selected uithrut reference to their political affiliatio ns .
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is hereby created
Only i:er sons who by their kr.owle dge end
to such appoint.mm .t , and they
T'ne Govemor shall appoint one of tre meir.bers of the
Section 2 .
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~gislature
The board shall meet re.cuJ.c"Tly at least once a reonth .
board as chairuan .
Special meetings ir.ay be called by the chairman.
Section 3 .
The terms of office for the newers man be four
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except that the first three nembers shall be a.ppo:inted fc:r terms of
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two (2) , three (J) mid four {1~} years respectiv ely .
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before expiratio n of
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portion the re of.
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(!,) years aid until their succosror s are anpolnted and lulve qualified ,
Section 4.
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A vacancy occurring
term of office dlall be filled for the unexpired
1~.ri>ers
of the boa.rd shall receive no compensa tion
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for their service \'hile on the board; provided, however, that they shall
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be re:imburse d for reas:::nabl e travel and cut - of- pocket. expmses incurred
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in the per fonnance of board duties o.s certified by the Treasure! ' of Guam.
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Section
5.
'l'lla board shall acbpt an official s eal of \oihi.ch
the cour ts mall take judicial rotice .
Decisions of the board shall be by
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majority vote .
The orders of the beard mall not be rcviewable except
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as to compliance with the terns of this Law.
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':"ne to ar d shall keep a record of its acts end shal 1 notify each
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institution of its decisions relat:ing to ...ho per sons ..tlo are or rave been
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oon fi.'rled there in .
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submit to the Governor a report with stll.tistical B!'d otrer data of i ts
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"'° rk .
At the close of each fi seal year the
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ARTICLE II .
Section 6.
roar· d
shall
PAUOLE
l'he board is here by
ai thorized
to re le aee on parol~
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11ny person confined in arry penal or coITectional institution of this
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territory, except
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that this section shall mt be construed to encroach upon the juris-
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diction of the Juvenile Crurt as prescribed in the Juvenile Ccurt Act .
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~rsons
under sentence of death; provided, however,
Ii.thin or.e year after hi.s
adrniss~n
and at such :intervals there -
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after as it .may determine, the board shall secure and cor:.sider all
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pertirent information
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of death, incl udinz the circumstances of his offense , his prev,irus
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oocial history and criminal r .;ccrd, his conduct , employrent and attitude
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in prison , and the reports of stch physical and mental exaxzdra.t.ions as
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have been made .
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regardi~
Before ordering the
each prisoner, except any under
~role
se~tence
of any prisoner, the board sr.cl. l
ma 11
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have the prisoner appe &- before it end shal 1 interview him.
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be ordered only for the best interest of society, not as an award of clemency; 1,
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it shall mt be cm side red to be re due ti on of sentence or
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prisoner shall be placed on parole only wren arrangenent s rave been made
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for his proper employ-!i..t?'lt or for his maintenan::e and care, an:l 1.hen the
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board believes thnt he is able and willing to fulfill the obligaticns of
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a law abidinc citizen .
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the legal custody of the institution from which he was released but shall
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be amenable to the orders of
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A parole
:i;a rdon .
A
Every pris:mer while on pll'ole shall remain in
th~
board.
The board may adopt such other rules not inconsistent with law
as it may dee:n proper or necessary, \'ti.th respect to the eligibility
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of prisoners for ps.ro le, tr.o c :n duet of parole he arin gs, or oond itions
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to be imposed upon parolees.
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shall recite the oor.ditions thereof .
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Section 7.
\fnenever an order for parole is issued it
It sh:l.11 be
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duty of 1he crurt sentereing any
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i:erson to any penal or correctional institution in this territory to
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cause to be transmitted to the board within thirty d<zy"s after the
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imposition of ruch smtence a statement of the facts adduced at tre trial
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or at the hearing of a rlea of guil-cy-, includin r, Euch notes of testimony
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as the boa.rd !:lay request .
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Secti. on 8 .
It shall be the duty of all prison officials to
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grant to the :neI:ber s of the toa rd, or its properly accredited represen-
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tatives, access at all re arona ble timP.s to any prioore r over whom the
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b::>ard has jurisdiction under this L3.w, to i:r ovide fer
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representatives, facil:it :iea for co!Il!l.unicating with and observing such
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prisoner,
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require concerning the conduct and ch:l.racter of
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board, or such
to furnish to the board such reports as the board sha;Ll
an~r
prisoner :!n their
custody and any other facts deemed by the board pertinent in deterir.ining
whether such pri SHer shall be paroled.
Section 9.
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All attorneys µ-esmting :information or arguments
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to the l:x:>ard shall submit tre ir statellf)nt s in writing and not otherwise,
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and shall submit therewith an affidavit stating the the r any fee has been
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paid or is to be })aid for treir services in the case, foe c.r.iomit of such
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fee, if any, and by
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wmm
Section 10.
ruch fee is piid or to be pa.id.
Upon app-oval of a najority of its oeni:>ers, the
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ooa.rd shall have power to is sm subpoenas requiring the attendance of
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such u:i.tnesses and the i:roduction of filch records, books, rapers and
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docu:rents as it nqy deem necessary for investigation of the case of any
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i:cr s:m before it .
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member of "the b::>ard.
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parole or probation officer, or other law enforcement officer, in the same
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i:anner as
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falsely or fails to appec.r \'hen subpoenaed, or fails or refuses
simil~
Subpoenas rey be signed and oaths adm:inis tered by any
Subpoera.s so issued may be served b
process ir. the Island Court .
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ar-y police,
Any ~r son uho testifies
oo
produce
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such material pursuant to the subpoena shall be subject to the sarre orders
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and penalties to l'hich a t:erson before a court is subject .
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Court, upon. application of the board, may in its discretion compel the
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attendance of witnesses, the production of such material artl the giving
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of testimony before t."1e b::>ard, by an attach!nent for con tenpt or other-
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wise in the sai:e c.anrer as production of evidence mcy be oompelled before
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such !sl.e. nd Court .
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Tm Island
Section ll.
fuen a prisorer is placed on parole he shall receive
from the terrl.t ory civilian clothing and transportation to the place on
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Gua'il in which he is to re s:id e •
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prisoner raay be advanced such sum for his temporary maintenance as said
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board my allow, rot to exceed twenty- five dollars ( 25.00), from a
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fund uhich sha.11 be provided for the use of the l:.oard fer this purpose.
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Section 12 .
At the discretion of the 'toa.r d the
The board is hereby ruth orized, at any time in
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its di aeration arrl upon a stowing of probable violation of parole, to
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isaie a warrant for the return of any
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from which he was paroled.
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naned there in to return Slch paroled prisorer to physical rusto dy of the
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penal institution from which he was }llroled.
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after provided, upon any charge of p:i.role violation , the pri sorer roall
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remain incarcerated in such mstitution .
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roled prisorer to the institution
Such warrant shall authorize all officers
Pending hearing as herein-
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Any pa1·ole or probation officer m-'ly arrest a parolee withrut
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a warrant or r.ay deputize any ot!ler officer uith power of arrest to do
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so by si ving him a uritten ste.tene nt setting forth that the parolee has,
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in the judgment of said parnle or probation officer, violated the
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conditions of his pirole .
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parolee by the arresting of fie er to the official in charge of the
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institution from which the parolee was released or other place of
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detention shall be sufficient warrant for
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The parole or probation officer after JJaking an arrent shall pre sent to
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(the detaining authorities a sillilc?.r statenent of the circmnsti.nces of the
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violation.
The i;e.role or
Such
pI'O
writ~n ~ta.teirent
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delivered with the
detention of the parolee .
bat ion officer shall at once mtify the
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investigate a"ld report to him with resre ct to any c a.se af pardon,
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cormru.tation of sentence, reprieve, or remission of fine or forfeitllre .
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ARTICU: rl .
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Section 16.
EHP.LOYEES
The prob&tion officer, appointed by the Governor
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pm·smnt to Section 12.33 of fae Penal Code, as added by Public Law 17,
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First Gurun Legi. slatur
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officer in adru.nistering the provisims of this Law.
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Secti on 17.
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(a)
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0
,
F:irst Regular Session, shall also serve as parole
T'ne parole officer sha ll:
Be responsible far invest:i.gation, supervision and repor ts
as mey- be reqre sted by the 'Coard;
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(b)
Fornulate meth>ds of supervision, record keeping and
(c)
Furnish to each person released \Ulder his super vision a
reports;
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written statelrent of the conditions of parole and instruct such person
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under bis supervision and to use all
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thel!l and to br:!ng aoout :L'nprovenenl:; in their cxmdixt and condition;
as to the same;
(d)
Keep inforllBd of
tre.
conduct and condition of each person
sui~ble
rethods to aid end encourage
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( e)
Keep detailed records of his 1'10r k .
Section 18.
official duty by any
All infonmti on obtained in the dischs.r ge of
el"lplo~
e appointed pqrsuant to this Law shall be
pr ivileged and S:lal 1 not be dis closed dire ct]y er i nclirectly to anyone
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otter than to the board, or others entitled under this Law to receive
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such i.nfornstion, unless ar:d until otherw:Lse ordered by the beard.
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Section 19 .
The Governor shall ap po:int an Executive Secretary
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for the beard and aich otl:er cl erical and admni.strative fersonnel ns are
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nec essary to carr-.r out the provisims of this Law.
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l..RTI CLE V.
Section 20.
GID-ZERAL
'.l'he irovisicns of this Lau are hereby extended to
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all rer s:m s who, at the e ff ecti ve date hereof , may b P- on pa.rol e under
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exist:ing laws , with the same force md effect as if this Law had been in
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O,Peration e.t the time ruch perron s were placed on pa.role or becone
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eligible to be placed thereon, as the case may be.
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Section 21.
The boa.rd, with the written ccns ent of the Governor, j
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shall ha. ve the power and duty to accept from the Un:it ed States of America
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or any of its agencies such advisory services, funds, equipment and
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suppl ies as may be made available to this territory for any of t he
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purposes contemplated by this Law, and to enter mto such cm.tracts ard
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agr e e~nt s
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n eces sacy, proper and convenient, not contrary to the laws of this
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territory.
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'Wi. th the United States or any of its agencies as may be
Section 22 .
Sections 1417 to 1422 of the Penal Code , inclusive ,
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are here by repealed and all other laws or inr ts of laws inccn sis tent
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herewith are to the extent of such inccnsistency repealed.
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Section 23 .
This Law ne.y be cited as the Parole Law.
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Section 24.
There are hereby aut.horized to be appropriated
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out of a.."'ly moneys in the Treasury of Guam, not otherwise appropriated,
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such sums as may be necessary to carry out the i:rovisions of this Law.
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Section 25 .
This is an urgency measure and shall be effective
upon ar"proval of the Governor.
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