8 GCA § 40.50
Bail Redetermination Hearing; When; Procedure
View official PDF ↗(a)A person for whom conditions of release are imposed pursuant to this Chapter, and who after twenty-four
(24)hours COL6/24/2021 CH. 40 RELEASE from the time of release hearing continues to be detained as a result of his inability to meet the conditions of release, shall, upon application, be entitled to have the conditions reviewed by the Court. The conditions are to be reviewed by the judge or magistrate who imposed them, or by another judge. Unless the conditions of release are amended and the person is thereupon released, the judge or magistrate shall set forth in writing the reasons for requiring the conditions imposed.
(b)A person who is ordered released pursuant to this Chapter on the condition that he return to custody after specified hours shall, upon application, be entitled to a review by the judge who imposed the condition. Unless the requirement is removed and the person is thereupon released on another condition, the judge shall set forth in writing the reasons for continuing the requirement.
(c)Notwithstanding the provisions of Subsections
(a)and (b), if the judge who imposed conditions of release is not available, any other judge may review such conditions.
(d)If conditions of release are imposed by a magistrate pursuant to §4401, Title 7 of the Guam Code Annotated, any judge may review such conditions.
§ The story of this section
- Enacted by P.L. 13-186 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 24-239 § 13 — introduced as Bill 547-24 · introduced by Anthony C. Blaz + 2 cosponsors
- Enacted by P.L. 29-109 § 3 — introduced as Bill 288-29 · introduced by James V. Espaldon + 2 cosponsors
- Amended by P.L. 35-113 § 3 — introduced as Bill 408-35 · introduced by Therese M. Terlaje
Interpreted by the courts:
- 1996 Guam 3 — People of Guam vs. Beau Bruneman (1996) · per Janet Healy Weeks, J. · cited at ¶2
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.