Guam § 40 - Additional Restrictions May be Applied; Application

§ 40. Additional Restrictions May be Applied; Application

by Prosecutor; Additional Restrictions Listed.

(a) At the first appearance or at any time thereafter, upon

the application of the prosecuting attorney and a showing that

there exists a danger that the person charged will commit an

offense or will seek to intimidate witnesses, or will otherwise

unlawfully interfere with the orderly administration of justice,

the judge may issue an order which:

(1) prohibits the person charged from approaching or

communicating with particular persons or classes of

persons, except that the order shall not be deemed to

prohibit any lawful and ethical activity of the person’s

counsel;

(2) prohibits the person charged from going to certain

described geographical areas or premises;

(3) prohibits the person charged from possessing any

dangerous weapon, or engaging in certain described

activities, or indulging in intoxicating liquors or in certain

drugs;

(4) requires the person charged to report regularly to

and remain under the supervision of an officer of the court;

(5) requires the person charged to undergo drug

testing under the supervision of an officer of the court;

(6) requires the person charged to be placed under

supervision by means of electronic monitoring, subject to

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the payment of fees or the exemption of fees, and subject to

other rules established by the court for electronic

monitoring; or

(7) requires the person charged with family violence

or violation of a protective order to undergo a lethality risk

assessment or other risk assessments deemed appropriate by

the court.

(b) For any person charged with family violence, a judge

may issue an order for electronic monitoring or an order for risk

assessment without application of the prosecuting attorney.

(c) The person charged shall execute an acknowledgment

of the order and be given a copy of the order at that time.