9 GCA § 80.76
Standards Governing Release on Parole
View official PDF ↗(a)Whenever the board considers the release of a prisoner for parole, the board shall order his release, if it is of the opinion after review of the records mandated in 9 GCA § 80.78, that:
(1)his release is compatible with public safety and security and will not put victims’ safety or security in danger based on an assessment of the risk of prisoner to re-offend;
(2)there is substantial likelihood that he will abide by law and conform to the conditions of parole;
(3)his release at that time would not depreciate the seriousness of his crime nor promote disrespect for law;
(4)his release would not have a substantially adverse effect on institutional discipline; and
(5)he is of sufficient capacity and deemed likely to lead a law-abiding life when released and his continued correctional treatment, medical care, or vocational or other training in the institution will not substantially enhance his capacity to lead a law-abiding life when released at a later date.
(b)In making its determination regarding a prisoner’s release on parole, the board may consider, to the extent relevant, the following factors:
(1)the prisoner’s personality, including his age and maturity, stability, sense of responsibility and any apparent development in his personality which may promote or hinder his conformity to law;
(2)the prisoner’s parole plan;
(3)the prisoner’s ability and readiness to assume obligations and undertake responsibilities;
(4)the prisoner’s family status and whether he has relatives who display interest in him or whether he has other close and constructive associations in the community;
(5)the prisoner’s employment history, his occupational skills and training, and the stability of his past employment;
(6)the type of home environment in which the prisoner plans to live; CH. 80 DISPOSITION OF OFFENDERS
(7)the prisoner’s past use of narcotics or other harmful drugs, or past habitual and excessive use of alcohol;
(8)the prisoner’s mental and physical make-up, including any disability or handicap which may affect his conformity to law;
(9)the prisoner’s prior criminal record, including the nature and circumstances, recentness and frequency of previous offense;
(10)the prisoner’s attitude toward law and authority;
(11)the prisoner’s conduct in the institution, including whether he has taken advantage of the opportunities for self-improvement afforded by the institutional program;
(12)the prisoner’s conduct and attitude during any previous experience of probation or parole and the recentness of such experience.
§ The story of this section
- Amended by P.L. 35-57 § 3 — introduced as Bill 172-35 · introduced by Therese M. Terlaje
Interpreted by the courts:
- 1996 Guam 9 — George Taisipic vs. Francisco Marion, et al (1996) · per Janet Healy Weeks, J. · cited at ¶23
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.