Standards for Imposing or Withholding Probation

(a)When Sentence May Not Require Prison Term. CH. 80 DISPOSITION OF OFFENDERS

(1)The court, in its discretion, may make disposition with respect to any person who has been convicted of a crime without imposing a sentence of imprisonment, unless a minimum term is made mandatory by a provision of the Guam Code Annotated.

(2)“Minimum”, wherever it appears in this Code, means, for purposes of imposing punishment upon a person convicted of a crime, that the court shall impose the entire term of confinement, the full amount of the fine and the complete requirement of community service prescribed by law. The court shall not suspend in full or in part any punishment described as minimum, specifically, the crimes enumerated in the habitual offender statute (P.L. 32-049, codified as § 80.50 of Article 2 of this Chapter 9), and all other violent offenses that carry a minimum punishment.

(3)When used for the purpose of describing or requiring a sentence of incarceration imposed pursuant to this Code, the terms “minimum,” “mandatory,” “minimum mandatory,” “mandatory minimum,” “minimum sentence of,” “a sentence of no less than,” “a sentence of at least,” and any derivative thereof, shall be construed as being synonymous.

(b)Notwithstanding Subsection

(a)the court shall not suspend imposition of sentence or place an offender on probation if, having due regard to the nature and circumstances of the crime and the history, character and condition of the offender, the court finds that imprisonment is necessary for the protection of the public because:

(1)there is undue risk that during the period of a suspended sentence or probation the offender would commit another crime;

(2)the offender is in need of correctional treatment that can be provided most effectively by commitment to an institution; or

(3)a lesser sentence would depreciate the seriousness of the offender’s crime.

(c)The following factors, while not controlling, shall be accorded weight in determining whether to suspend imposition of sentence or to place the offender on probation whether:

(1)The offender’s criminal conduct neither caused nor threatened serious harm.

(2)The offender did not contemplate that his criminal conduct would cause or threaten serious harm.

(3)There were substantial grounds tending to excuse or justify the offender’s criminal conduct, though failing to establish a defense.

(4)The offender has compensated or will compensate the victim of his criminal conduct for the damage or injury which was sustained.

(5)The offender has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.

(6)The offender is particularly likely to respond affirmatively to probationary treatment.

(d)If a person who has been convicted of a crime is not sentenced to imprisonment, the court shall place him on probation if he is in need of the supervision, guidance, assistance or direction that probation can provide.