Guam § 89 - Failure to Appear for Registration, Absconding and

§ 89. Failure to Appear for Registration, Absconding and

Failure to Register.

(a) Failure to Appear. In the event a sex offender fails to

register on Guam as required by this Chapter, then the Judiciary

of Guam, Probation Division, or designee shall immediately

inform the jurisdiction that provided notification that the sex

offender was to commence residency, employment, or school

enrollment on Guam, and that the sex offender failed to appear

for registration.

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(b) Absconded Sex Offenders. If the Judiciary of Guam,

Probation Division, or its designee receives information that a

sex offender has absconded, then the Judiciary of Guam,

Probation Division, shall make an effort to determine if the sex

offender has actually absconded.

(1) In the event that no determination can be made, the

Judiciary of Guam or designee shall ensure that the Guam

Police Department and other local law enforcement

agencies are notified so that a proper investigation may be

conducted.

(2) If the information indicating the possible

absconding came through notice from another jurisdiction

or federal authorities, the other jurisdiction or the federal

authorities shall be informed that the sex offender failed to

appear and register.

(3) If an absconded sex offender cannot be located by

the Guam Police Department after the matter had been

forwarded for investigation, then the Guam Police

Department shall inform the Judiciary of Guam, Probation

Division, and the Judiciary of Guam, Probation Division,

shall take the forthcoming steps:

(A) update the registry to reflect the sex offender

has absconded or is otherwise not capable of being

located;

(B) notify the U.S. Marshals;

(C) if all legal requirements are met to obtain a

federal warrant of arrest, then the U.S. Marshals

Service or the Federal Bureau of Investigations may be

contacted in an attempt to obtain a federal warrant for

the sex offender’s arrest;

(D) update the National Sex Offender Registry

(NSOR) to reflect the sex offender’s status as an

absconder, or is otherwise not capable of being located;

and

(E) enter the sex offender into the National Crime

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Information Center Wanted Persons File.

(c) Failure to Register. In the event a sex offender who is

required to register due to their employment or school attendance

status fails to do so or otherwise violate a registration

requirement of this Chapter, then the Judiciary of Guam,

Probation Division, shall take all appropriate follow-up measures

including those outlined in the above Section. The Judiciary of

Guam, Probation Division, shall first make an effort to determine

if the sex offender is actually employed or attending or enrolled

in school within its jurisdiction.