Lack of quorum delays parole hearing for inmates

by Mindy Aguon

Guam - The list keeps growing for the Department of Corrections as more and more inmates who are eligible for parole are not appearing before the Parole Board. The delays are due to a lack of quorum on the board.

Six months - that's how far behind the Parole Board is in holding parole hearings for DepCor inmates.  Lieutenant Antone Aguon says the board hasn't had a hearing since last December and even that was for prior month's cases. The problem is there aren't enough members on the board for a quorum.

The board is supposed to have seven members, four would make a quorum but there are only three current members as last November, board member Joana Blas was elected to be the Asan-Maina mayor. And since she stepped down from the board, they've been lacking one member in order to make a quorum resulting in the backlog of about fifteen cases and another six revocation hearings.

Lieutenant Aguon says the law requires that the Parole Services Division bring inmates before the board -something they haven't been able to comply with due to the lack of quorum. Under the law the department is required to bring inmates who are eligible for parole before the board within 60 days, but he stresses that that same statute says that even if they're not brought within 60 days, it doesn't mean they will automatically be released.  In order to get out, an inmate would have to file a lawsuit compelling his release or the board to do something on their behalf. 

And while no lawsuits have been filed just yet, history has proven that some inmates have taken legal action.  Aguon says even though they may not have hearings, the Parole Division still revisits each case and in some instances, he says the inmates have run from the law in the past and are repeat offenders, so it behooves the community to keep them behind bars until they can appear before the board.

Aguon admits the rights of inmates are being violated because they're not appearing before the board, but he says the Parole Division does prepare the reports as normal and notifies the victim in the event the board is able to convene.

The Governor's Office is aware of the vacancies on the board and they are doing their best in trying to locate the best individuals to appoint to the board.

Aguon admits the volunteer job isn't for everyone.  There is no compensation and individuals must be able to listen to inmates and victims.  DepCor officials are hoping those types of individuals can be identified soon before inmates start taking the department to court to be heard.