Guam § 40 - Bail Conditions; Defined, When to be Used.

§ 40. Bail Conditions; Defined, When to be Used.

Where the judge determines that release of the person

charged on his/her own recognizance will not reasonably assure

his/her appearance as required, or will endanger the safety of any

other person or the community, the judge shall impose the least

onerous of the following conditions which is reasonably likely to

assure the person’s appearance as required and the safety of any

other person and the community, or, if no single condition gives

that assurance, the least onerous combination of the following

conditions:

(a) placement of the person in the custody of a

designated person or organization agreeing to supervise

him/her and to assist him/her in appearing in court;

(b) placement of restrictions on the activities,

movements, associations, and residence of the person;

(c) placement of the person under supervision by

means of electronic monitoring, including electronic

monitoring with alleged victim stay-away alert technology,

if available, and subject to the payment of fees or the

exemption of fees, and other rules established by the court

for electronic monitoring;

(d) execution of a bond in an amount specified by the

judge; such bond in the discretion of the judge to be either

unsecured or secured in whole or in part by the deposit of

cash or other property, or by the obligation of qualified

sureties;

(e) release of the person during working hours, but

with the condition that he/she return to custody at specified

times;

(f) require the person charged with family violence or

violation of a protective order to undergo a lethality risk

COL6/24/2021

assessment or other risk assessments deemed appropriate by

the Judiciary of Guam; or

(g) any other condition reasonably necessary to assure

appearance as required and the safety of any other person

and the community.