D. Guam CRLR 46

(a) The magistrate judge has the authority to fix or modify bail and conduct detention

hearings and issue release and detention orders; provided, however, that the magistrate

judge shall not modify or approve a modification of any bail previously fixed by order of

a district judge other than upon the grand jury return, except upon specific authorization

from the district judge.

(b) The magistrate judge has the authority to: (i) set bail for material witnesses; (ii) exonerate

or forfeit bonds, set aside forfeitures, and reinstate bail in proceedings pending before the

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Magistrate Judge; and (iii) approve personal and corporate surety bonds and bonds

requiring personal sureties.

(c) Special Release Services. In addition to the pretrial services furnished under 18 U.S.C. §

3152, et seq., counsel for a defendant may request special release services from the

court’s pretrial services office. If such a request is made, counsel must provide pretrial

services and opposing counsel with a written request no less than seventy-two (72) hours

prior to any court hearing at which the results of that service are to be considered.

Examples of special services that require this notice include: (i) request for third-party

investigations; (ii) home confinement and electronic monitoring investigations; (iii)

residential treatment program investigations; and (iv) any other non-routine investigations

deemed necessary by the court. Counsel requesting a special service is also responsible

for requesting that any bail review hearing on the service be set on the court’s calendar.

(d) Third Party Request. No person will be considered for approval as a third-party

custodian unless: (i) proposing counsel certifies that the proposed custodian has been

interviewed by the pretrial services office; (ii) the proposed third-party custodian has

completed a third-party application form and questionnaire as provided by the pretrial

services office; and (iii) the completed application and questionnaire forms have been

served on pretrial services and opposing counsel not less than seventy-two (72 hours prior

to the hearing at which the matter is to be addressed.