Guam § 26 - Restitution.

§ 26. Restitution.

(a) A person convicted of violations of this article shall be

ordered to pay mandatory restitution to the victim as provided in

paragraph (c) of this section.

(b) Restitution under this section shall include items

covered by existing Guam statutes governing victim restitution

and any of the following if not already included in Guam’s

restitution statute:

(1) costs of medical and psychological treatment,

including physical and occupational therapy and

rehabilitation, at the court's discretion;

(2) costs of necessary transportation, temporary

housing, and child care, at the court's discretion;

(3) the greater of:

(A) the gross income or value to the defendant of

the trafficking victim’s commercial sex acts or

sexually-explicit performances, or labor or services;

(B) the value of the trafficking victim’s labor as

guaranteed under the minimum wage and overtime

provisions of the Fair Labor Standards Act (FLSA); or

(C) the value of the trafficking victim’s labor as

guaranteed under the minimum wage and overtime

provisions of Guam labor laws.

(4) return of property, cost of damage to property, or

full value of property if destroyed or damaged beyond

repair;

(5) expenses incurred by a victim and any household

members or other family members in relocating away from

the defendant or his associates, including, but not limited to,

deposits for utilities and telephone service, deposits for

rental housing, temporary lodging and food expenses,

clothing, and personal items. Expenses incurred pursuant to

this section shall be verified by law enforcement to be

necessary for the personal safety of the victim or household

or family members, or by a mental health treatment provider

to be necessary for the emotional well-being of the victim;

and

(6) any and all other losses suffered by the victim as a

result of violations of this article.

(c) Restitution shall be paid to the victim promptly upon

the conviction of the defendant, with the proceeds from property

forfeited under this subsection applied first to payment of

restitution. The return of the victim to her or his home country or

other absence of the victim from the jurisdiction shall not

prevent the victim from receiving restitution.

(d) Nonpayment or delay in payment of restitution shall be

governed by Guam restitution statute(s) governing non-payment

or delay in restitution payments.

2023 NOTE: Past print publications inadvertently misnumbered

subsections (c) and (d); the Compiler corrected this manifest error

pursuant to the authority of 1 GCA § 1606.