Extension of Limits of Confinement: Failure to Adhere to Conditions Punished: Failure to

Return is Escape.

(a)Except as otherwise provided by law, either the court at the time of sentencing or the Director of Corrections after the offender has been placed in custody, may extend the limits of his confinement to permit the offender to continue in his regular employment or educational program or if the prisoner does not have regular employment or a regular educational program, to secure employment or education. Any employment or education so secured must be suitable for the offender. Such employment or educational program if such educational program includes earnings by the offender, must be at a wage at least as high as the prevailing wage for similar work in Guam and in accordance with the prevailing working conditions CH. 80 DISPOSITION OF OFFENDERS in Guam. In no event may any such employment or educational program involving earnings by the offender be permitted where there is a labor dispute in the establishment in which the offender is or is to be employed or educated. Whenever the offender is not employed or being educated and between the hours or periods of employment or education, he shall be confined in such facility designated by the court or Director of Corrections.

(b)The earnings of the offender may be collected by the Director of Corrections. From such earnings, the Director may deduct such costs incident to the offender’s confinement as the Director deems appropriate and reasonable. The Director may also deduct payments for the support of the offender’s dependents and forward such payments to them.

(c)In the event the offender violates the conditions laid down for his conduct, custody, education or employment, the Director (or the court, if the limits of confinement were originally extended by the court) may order the balance of the offender’s sentence to be spent in actual confinement subject to any release on parole pursuant to Article 5 (commencing with § 80.70).

(d)Willful failure of the offender to return to the place of confinement not later than the expiration of any period during which he is authorized to be away from the place of confinement pursuant to this Section is punishable as an escape.

(e)Except for inmates participating in the Work and Educational Programs, all inmates sentenced to the custody of the Department of Corrections and in the Adult Correctional Facility shall be issued uniforms which they shall wear at all times they are outside the facility. The uniform shall be prominently marked to indicate that the person wearing it is an inmate. The uniforms shall at the least have the letter “P” permanently marked on the front and back of the shirt or top portion of the uniform. All inmates including those in the Work and Educational Programs shall have as many haircuts as necessary to maintain a short style so that hair does not extend over the ear or over the shirt collar of the uniform. No beards shall be worn by inmates.

(f)The remaining balance of earnings by an inmate from participating in a Work Release Program shall be deposited into the Criminal Injuries Compensation Fund (the “Fund”). After complying with subsection

(b)of this Section, associated with support of dependents and debts, the remaining balance shall be deposited in the Fund.

(g)Termination of Eligibility; Work and Education Programs.

(1)Notwithstanding Subsection

(c)of this Section, any inmate who has been placed under the work and educational programs must comply with the conditions laid down for the inmate’s conduct while enjoying the benefits of the program. Any violations of the conditions, such as failure of the offender to return to the place of confinement within the time pursuant to the terms and conditions of the programs, shall suspend the offender’s eligibility to the programs as outlined below.

(2)Any inmate who is found guilty of escape or attempted escape shall immediately be removed from work and educational programs and shall not be eligible for participation in work and educational programs for a period of not less than five

(5)years. Any inmate not currently participating or eligible to participate in work or educational programs and is found guilty of escape or attempted escape shall not be eligible to participate in work or educational programs for a period of not less than five

(5)years.