Departments Develop Testing Programs: Punitive Sanctions

(a)The Superior of Guam, the Guam Behavioral Health and Wellness Center, the Department of Corrections, and the Territorial Parole Board, shall cooperate to develop programs for the periodic testing of offenders under the jurisdiction of each agency and programs for the periodic reassessment of appropriate treatment and testing made in the initial substance abuse assessment required by § 88.30 of this Act, or any subsequent reassessment. COL372014 CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT

(b)Any offender who tests positive for the use of alcohol or controlled substances subsequent to the initial test required by § 88.30 of this Act shall be subjected to a punitive sanction. The Superior Court of Guam, the Department of Corrections, and the Territorial Parole Board shall cooperate to develop and make public a range of punitive sanctions for those offenders under the jurisdiction of each agency which are appropriate to the offenders supervised by each particular agency. Such punitive sanctions shall be formulated in such a way as to promote fairness and consistency in the treatment of offenders and may include, but shall not be limited to, increases in the level of an offender's supervision, increases in the use of electronic monitoring of an offender, loss of earned time granted pursuant to any appropriate local law or program, and referral of the offender to the court or the Territorial Parole Board for re-sentencing or revocation of probation or parole. It is the intent of the legislature that any offender's test which is positive for the use of controlled substances or alcohol shall result in an intensified level of testing, treatment, supervision, or other sanctions designed to control abuse of substances for such offender.

(c)The Superior Court, the Department of Corrections, the Territorial Parole Board, and the Guam Behavioral Health and Wellness Center shall cooperate to develop a range of incentives for offenders under the jurisdiction of each particular agency to discontinue abuse of alcohol or controlled substances.

(d)No later than six

(6)months after the effective date of this Act, the Territorial Parole Board shall develop and make public guidelines for the revocation of parole due to the abuse of alcohol or controlled substances in violation of this act.