9 GCA § 80.70.1: Definitions.

For purposes of Article 5 of this Chapter:

(a) “Prison” shall mean any confinement facility under the direct or indirect supervision or control of the Department of Corrections (DOC) any portion of which is designed to incarcerate sentenced offenders.

(b) “Rated Capacity” shall mean the total number of inmates who can be safely incarcerated in the Prison or any portion of the Prison as established by the Federal Bureau of Prisons or other Federal agency of the United States qualified to provide a rating or maximum number for a safe and controllable population for the Prison or any of its subunits.

(c) “Eligible for Parole” is when a sentenced and incarcerated offender may apply for release from confinement conditionally on parole to the Guam Parole Board pursuant to Article 5 of this Chapter.

(d) “Prison Population” shall mean the total number of incarcerated persons confined within the Prison or within a subunit of the Prison.

(e) “First Offenders” shall mean a convicted, sentenced and/or incarcerated person-who has no other prior conviction for any felony offense within Guam or any other jurisdiction other than the offense for which the person is convicted and/or incarcerated.

(f) “Non-Violent Offense” shall mean an offense pursuant to which an offender is confined which did not contain an element requiring proof of Bodily Injury, the threat of Bodily Injury or an Attempt to cause Bodily Injury or Criminal Sexual Conduct.

(g) “Bodily Injury” shall mean physical pain, illness, unconsciousness or any impairment of physical condition.

(h) “Attempt” shall mean to commit a crime when, with intent to engage in conduct which would constitute such crime were the circumstances as he believes them to be, he performs or omits to perform an act which constitutes a substantial step toward commission of the crime.

(i) “Criminal Sexual Conduct” shall mean any offense defined in Chapter 25 of this Title.

(j) “Non-Drug Offense” shall mean an offense which did not include a violation of the Uniform Controlled Substance Act.

(k) “Prison Term” shall mean the term of actual incarceration for First Offenders incarcerated for Non-Violent Offenses. In the case of all other inmates, Prison Term shall mean the term of actual incarceration plus any suspended term of imprisonment. Notwithstanding any other provision of law to the contrary, this definition of Prison Term shall be controlling whenever the term is used to determine eligibility for parole or to determine the date an inmate is Eligible for Parole.