Guam § 88 - Substance Abuse Assessment Required for Convicted Felons

§ 88. Substance Abuse Assessment Required for Convicted Felons

and Controlled Substance Offenders.

(a) Each person convicted of a felony committed on or after the

effective date of this Act who is to be considered for probation, shall be

required, as part of the presentence or probation investigation, to submit to

an assessment for the use of controlled substances or alcohol developed

pursuant to § 88.20(a)(1). The Court shall order such person to comply with

the recommendations of such assessment as a condition of probation, at the

person's own expense, unless such person is indigent.

(b) Each person convicted of a misdemeanor involving the abuse of any

substance, the abuse of which is considered illegal under Guam law, which

was committed on or after the effective date of this Act shall be required to

submit to an alcohol and drug evaluation. The Court shall order such person

to comply with the recommendations of such evaluation, at the person's own

expense unless such person is indigent. If such person is sentenced to

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probation, such person shall be ordered to comply with the recommendations

as a condition of probation at such person's own expense, unless such person

is indigent.

(c) The assessment required by subsection (a) of this section or the

evaluation required by subsection (b) of this section shall be at the expense

of the person assessed or evaluated, unless such person is indigent.