5 Guam Code Ann. § 3113
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | up to $1,000 |
Terms Used In 5 Guam Code Ann. § 3113
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
(1) have no less than ten (10) years of progressive experience in a law enforcement agency, including at least three (3) years in a senior law enforcement position, or equivalent executive management experience in the field of public administration, business administration, criminal justice or law, or a closely related field or discipline;
(2) graduated with a Bachelor’s degree or higher in criminal justice, public administration, business administration, law, or a closely related field or discipline from an accredited institution recognized by the Council for Higher Education Accreditation (CHEA) or its successors;
(3) have no felony, domestic or family violence convictions;
5 Guam Code Ann. GOVERNMENT OPERATIONS
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(4) have no misdemeanor convictions involving moral turpitude;
(5) submit to and pass a drug screening test, including, but not limited to, urinalysis testing, unless the appointee is a current employee of the government of Guam registered with the Peace Officer Standards and Training (POST) Commission as a peace officer occupying a Test-Designated Position (TDP) pursuant to the Department’s Drug-Free Workplace Program;
(6) be of good health and good moral character; (7) submit to psychological testing;
(8) submit to a polygraph examination; and
(9) submit to a thorough investigation of his or her background and moral character.
(b) Compensation of Director of the Department of
Corrections.
Notwithstanding any other provision of law, a person appointed by I Maga’låhen Guåhan and confirmed by I Liheslaturan Guåhan to be Director of Corrections, and who at the time of his or her appointment is an active member of the classified service, shall receive a salary established by the government of Guam compensation schedule for heads of agencies, or a salary equivalent to the three (3)-year average of the annual income earned immediately prior to his or her appointment as Director of the Department of Corrections, whichever is greater. Said three (3)-year average shall be reviewed annually to determine if mandated pay increases would have affected the three (3)-year average.
(c) A person who is an active classified employee of the government of Guam immediately prior to his or her appointment by I Maga’låhen Guåhan and confirmation by I Liheslaturan Guåhan to be Director of the Department of Corrections shall, if not removed for cause, be reinstated to the position he or she previously held immediately prior to such appointment, or to an equivalent position, upon expiration of his or her appointment as Director of Corrections.
5 Guam Code Ann. GOVERNMENT OPERATIONS
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SOURCE: GC § 5112 amended by P.L. 10-91. The substantive law governing the Department of Corrections is found in 9 Guam Code Ann., Chapter 90. Amended by P.L. 34-167:2 (Dec. 29, 2018).
2019 NOTE: Subsection designations have been added to adhere to the Compiler’s general codification and alpha-numeric schemes pursuant to authority granted by 1 Guam Code Ann. § 1606.