Guam § 89 - Registration; Duty to Register.

§ 89. Registration; Duty to Register.

(a) Persons Required to Register on Guam. The following

persons shall have the absolute duty to register on Guam at the

Judiciary of Guam, Probation Division, pursuant to this Chapter:

(1) Residents. Any person who resides on Guam that

has been or is hereafter convicted of a sex offense; and

(2) Non-Residents. Any person who is a non-resident

who is on Guam for the purpose of being employed or as a

student and has been or is hereafter convicted of a sex

offense.

(b) Registration Requirements; Information to be

Registered.

(1) Registrants required to provide information. All

persons required to register shall provide all of the

information detailed in this Section to the Judiciary of

Guam, Probation Division, and the Judiciary of Guam,

Probation Division, shall obtain all of the information

detailed in this Section from any person required to register

with Guam in accordance with this Chapter, and shall

implement any relevant policies and procedures necessary

to effectuate the intent of this code.

(2) Digitized Format. To the greatest extent possible,

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all information obtained under this code shall be maintained

by the Judiciary of Guam, Probation Division, in a digitized

format.

(3) Sex Offender Registry Management System. There

is hereby established a Sex Offender Registry, which the

Judiciary of Guam, Probation Division, shall maintain and

operate pursuant to the provisions of this Chapter, as

amended. The sex offender registry shall be maintained in

an electronic database by the Judiciary of Guam, Probation

Division, and shall be in a form capable of electronic

transmission. This sex offender registry may also be

maintained in any other form in addition to the electronic

database described above.

(4) Provided by the Offender. The following

information must be registered and updated by any sex

offender required to register under this Chapter at the

Judiciary of Guam, Probation Division, or at the designated

agency assigned to manage the Sex Offender Registry

Management System:

(A) Name, Date of Birth, Social Security Number.

All primary and given names, alias(es), nicknames, and

pseudonyms to include ethnic and tribal names

(regardless of the context in which they are used,

actual date of birth and any purported dates of birth,

and actual social security number and any purported

social security numbers used, if any, and any other

identifying factors;

(B) Residential and Physical Address.

(i) Current physical address and mailing

address, or if the person is incarcerated, the

address of the residence where the person will be

residing immediately upon release and the mailing

address the person plans to use immediately upon

release;

(ii) If a registrant does not have a fixed or

definite address, then a specific name, description

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and the location of the place or places where the

registrant habitually lives, to include, but not be

limited to, information of a certain part of the city

or village that is the registrant’s habitual locale, a

park or spot on the street where the registrant

stations himself/herself during the day or sleeps at

night, any shelters or temporary homeless shelters

which the registrant circulates, or places of public

buildings, restaurants, libraries, or other

establishments that the registrant frequents;

(iii) physical address and mailing address of

any anticipated future residence or any residence

of temporary lodging, wherein the offender leaves

the current residence for seven (7) days or more,

including any land line telephone numbers of the

anticipated future residence or temporary lodging,

pagers or cellular/mobile numbers that the

offender has access to or anticipates in having

access to;

(C) Employment Information. Employer name,

employer’s telephone numbers, physical address and

mailing address of current and/or anticipated

employment, and if applicable, transient/day labor

information. If the employment requires registrant to

travel to different locales, then the registrant shall

provide the specific names and addresses of the other

locales;

(D) Photograph. A current photograph (paper

records);

(E) School Information. Name and address of any

place where the sex offender is a student or will be a

student, including the name and address of any

secondary school, institution of higher education, trade

school or professional school (public or privately

owned), and enrollment status;

(F) Phone Numbers. Any land line telephone

numbers, pagers, cellular/mobile numbers, or any other

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designations used by the offender for purposes of

routing or self-identification in telephonic

communications, that the offender has access to or

anticipates having access to;

(G) Vehicle Information. The license plate

number and description of any vehicle, which includes

all land vehicles, aircrafts, or watercrafts, whether

owned or operated for work or personal use, to include

a description of the vehicle, its permanent or frequent

location;

(H) Internet Identifiers. Internet identifiers and all

designations used by sex offenders for purposes of

routing or self-identification in Internet

communications or postings, including email

addresses, instant messaging addresses or any other

designation used in internet communication;

(I) Driver’s License and Identification Card. A

photocopy of all valid driver’s licenses or identification

cards, if any, issued to the offender by any and all

jurisdictions;

(J) Passport and Immigration Documents. A

photocopy of all passport and immigrations documents,

if any, issued to the offender by any and all countries

and jurisdictions;

(K) Professional Licensing Information.

Professional Licensing Information, to include all

licensing in which the registrant has obtained or had

previously obtained which authorizes the registrant to

engage in an occupation or carry out a trade or

business. This includes any information as to the

name, place of employment and contact information as

required in this Section, as well as any organization or

business wherein the professional license was obtained

and to which the registrant is affiliated or has some

financial stake in;

(L) International Travel. Any intended travel

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plans or arrangements that the sex offender has,

whether such travel is to an international jurisdiction or

within the United States or its territories. The Offender

shall provide such travel plans or arrangements at least

twenty-one (21) days in advance of such travel.

Information provided by the sex offender shall include

the destination and any other information requested by

the Judiciary of Guam, Probation Office or the

designated Guam agency in charge of managing the

Sex Offender Registry; and

(M) Miscellaneous. Any other information as

may be deemed appropriate by the Judiciary of Guam,

Probation Office or the designated Guam agency in

charge of managing the Sex Offender Registry.

(5) Provided by Guam. The Judiciary of Guam,

Probation Office, or the designated agency that manages

Guam’s Sex Offender Registry in which the sex offender

registers shall ensure that the following information is

included in the Guam Sex Offender Registry for that sex

offender:

(A) Physical Description. A physical description

of the offender, to include a written general physical

description of the offender and any distinguishing

physical characteristics or marks such as birthmarks,

scars, moles, and tattoos, and its location on the

offender. A photograph of any such distinguishing

physical characteristics or marks should be included if

possible, but is not required;

(B) Photograph. A current photograph of the

offender (digitized form);

(C) Driver’s License and Identification Card. A

photocopy of all valid driver’s licenses or identification

cards, if any, issued to the offender by any and all

jurisdictions (digitized form);

(D) Passport and Immigration Documents. A

photocopy of all passport and immigration documents,

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if any, issued to the offender by any and all countries

and jurisdictions (digitized form);

(E) Criminal History. Criminal history, including

the date of all arrests and convictions, the status of

parole, probation, or supervised release, registration

status, all relevant information related to the

underlying crime which triggered the registration

requirements of this Chapter, any sex offender

registration status, and any outstanding arrest warrants;

(F) Treatment Documentation. Documentation of

any treatment that the sex offender has completed, is

currently undergoing, or wherein the sex offender has

been ordered to attend and complete by any court on

Guam, as defined under § 89.01(n);

(G) Fingerprints and Palm Prints. Fingerprints and

palm prints;

(H) DNA Sample. A DNA sample of the

offender;

(I) Text of Registration of Offense. The text of

the provision of law defining the criminal offense for

which the sex offender is registered;

(J) Notice and Acknowledgement Form of

Registration Requirements. All sex offenders will sign

and acknowledge a notice and acknowledgement form

which shall provide information regarding the

registration requirements and duties of sex offenders.

The sex offender will be required to sign an

acknowledgement that the information of the

registration requirements have been provided upon

their initial registration, and an original, photocopy, or

electronic copy of the offender’s notice form signed

shall be made available on Guam’s sex offender

registry; and

(K) Miscellaneous. Any other information as may

be deemed appropriate by the Judiciary of Guam,

Probation Division, or the designated Guam agency in

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charge of managing the Sex Offender Registry.

(6) Exemptions.

(A) Federally Protected Witnesses. Where the

person required to register is a Federally protected

witness, the person shall not be required to provide a

photograph, alias(es), and original name, place of

offense, date of birth, social security number or prior

residence.

(B) Pardoned Convict or Conviction Reversed

Upon Appeal. The duty to register under this Chapter

shall not be applicable to any sex offender whose

conviction was reversed upon appeal, or who was

pardoned by I Maga’lahen Guåhan, or who has been

pardoned by the designated agency or individual of any

jurisdiction as defined in this code.

(c) Biological Samples.

(1) Every person convicted in court of a criminal

sexual conduct offense, or of a criminal offense against a

victim who is a minor, shall provide a biological sample to

the Guam Police Department for DNA profile information

typing upon conviction.

(2) Every person who was convicted in court of a

criminal sexual conduct offense or of a criminal offense

against a victim who is a minor and is incarcerated on the

effective date of this law shall provide a biological sample

for DNA profile information no later than ninety (90)

calendar days after the effective date of this law.

(3) Every person who was convicted in court of a

criminal sexual conduct offense or of a criminal offense

against a victim who is a minor and is released on parole or

probation shall provide a biological sample for DNA profile

information to the Guam Police Department at the time of

that person’s initial registration or within thirty (30)

working days of initial registration.

(4) Every person required to register pursuant to §

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89.03(a) shall provide a biological sample to the Guam

Police Department for DNA profile information at the time

of that person’s initial registration on Guam or within thirty

(30) working days upon conviction.

(5) Intentional or knowing failure to provide a

biological sample shall have the same penalty as a failure to

provide initial registration information, which is a felony of

the third degree as noted under § 89.05(f).

(6) All biological samples for DNA profile information

typing that is provided to the Guam Police Department

pursuant to this Subsection shall be submitted for analysis

and entry of the resulting DNA profile into the Combined

DNA Index System (CODIS).

(d) Registration Requirements for Persons Required to

Register Pursuant to § 89.03(a); Initial Registration; Penalty.

(1) Registry Requirements for Sex Offenders, In

General. All persons required to register must register, and

keep the registration current, in each jurisdiction where the

offender resides, where the offender is an employee, and

where the offender is a student.

(2) Initial Registration, In General. All sex offenders

shall initially register:

(A) before completing a sentence of imprisonment

with respect to the offense giving rise to the

registration requirements, if the person is so

incarcerated on or after the date of the enactment of

this statute. Intentional or knowing failure to provide

this information shall result in the delay of that

person’s release;

(B) no later than three (3) working days after

being sentenced for that offense, if the sex offender is

not sentenced to a term of imprisonment, if the person

is sentenced on or after the date of the enactment of

this statute;

(C) no later than the date the person is scheduled

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to be placed on probation. Intentional or knowing

failure to provide this information by that date shall

result in the revocation of the person’s probation and

shall make that person ineligible for probation;

(D) no later than three (3) working days after

arrival on Guam;

(E) if the registrant is on probation in another

jurisdiction and that registrant’s probation is to be

transferred to Guam, then the Judiciary of Guam,

Probation Division, may obtain the necessary

information from the office of probation or parole of

the jurisdiction from where the registrant came; said

registrant is required to verify the registered

information as required by this Chapter no later than

three (3) calendar days after the person’s arrival on

Guam.

(3) Where a Person Identified as a Person Required to

Register is on Supervised Parole or Probation at the Time of

the Passage of This Law and Is Not Currently Registered.

Initial registration information must be provided to the

Judiciary of Guam, Probation Division, Sex Offender

Registry Management Office no later than ninety (90)

calendar days after the effective date of this law.

Intentional or knowing failure to register pursuant to this

Subsection is a felony of the third degree, as noted under §

89.05(a).

(4) Where a Person Required to Register is No Longer

Under the Supervision of Either Probation or Parole at the

Time of the Passage of This Law and Is Not Currently

Registered. Sex offenders required to register pursuant to

this Chapter who fall within this category type shall have

the absolute duty to report to and register with the Judiciary

of Guam, Probation Division, Sex Offender Registry

Management Office. Intentional or knowing failure to

register pursuant to this Subsection is a felony of the third

degree, as noted under § 89.05(a).

(5) Conviction Jurisdiction. Any person who has been

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or is convicted on Guam that is required to register under

this Chapter, but does not plan to reside in Guam, be

employed on Guam, or register or enroll in a school on

Guam, and upon release will reside in another jurisdiction,

be employed or will be registering or enrolling in a school

in another jurisdiction, shall still be required to register

initially in Guam, and upon relocating to the other

jurisdiction, the registrant shall be required to make an in-

person registration appearance within three (3) working

days of commencing residence or employment in that

jurisdiction.

(6) Incarceration Jurisdiction. Any person who has

been convicted in another jurisdiction, other than in Guam,

but the person will be released from custody of the

conviction jurisdiction and released to the custody of Guam

and incarcerated on Guam, such registrant, prior to the

registrant being released from incarceration on Guam, shall

be required to initially register in-person on Guam.

(e) Registration Requirements; Frequency, Verification,

Duration, and Reduction.

(1) A registrant must verify their registration in person

with the Judiciary of Guam, Probation Division, in the

manner specified in this Section. At each in-person

verification the sex offender shall:

(A) permit the Judiciary of Guam, Probation

Division, to take a photograph of the offender, and

(B) review existing information for accuracy and

update, as necessary, any changes to existing

registration information.

(2) Level One Offender. A person who is a Level One

Offender shall verify the following registered information

ninety (90) calendar days from the date of initial

registration; and shall appear in person once every ninety

(90) calendar days thereafter to verify and update their

registration information for the rest of their lives. If the

ninetieth (90th) day falls on a weekend or holiday, the

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registrant shall appear on the following working day.

(3) Level Two Offender. A person who is a Level

Two Offender shall verify the following registered

information one hundred eighty (180) calendar days from

the date of initial registration; and shall appear in person

once every one hundred eighty (180) calendar days

thereafter to verify and update their registration information

for the rest of their lives. If the one hundred eightieth

(180th) day falls on a weekend or holiday, the registrant

shall appear on the following working day.

(4) Level Three Offender. A person who is a Level

Three Offender shall verify the following registered

information one (1) year from the date of the registrant’s

initial registration; and shall appear in person once every

year thereafter to verify and update their registration

information for fifteen (15) years. If the date the registrant

is to verify falls on a weekend or holiday, the registrant

shall appear on the following working day.

(5) If any new information or change in information is

obtained at an in-person verification, the Judiciary of Guam,

Probation Division, shall immediately notify:

(A) all other jurisdictions in which the sex

offender is required to register of the information or

change in information;

(B) the Guam Police Department; and

(C) any other appropriate governmental agency as

determined by the Judiciary of Guam, Probation

Division.

(f) Keeping the Registration Current. A sex offender who is

a resident of Guam shall:

(1) no later than three (3) working days after each

change of name, residence, employment, student status, or

termination of residence, appear in person at the Judiciary

of Guam, Probation Division, and inform the Judiciary of

Guam, Probation Division of all changes in the information

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required for that sex offender in the sex offender registry. If

a registrant anticipates moving from Guam, that registrant

shall register in person his intended place of residence with

the Judiciary of Guam, Probation Division, no later than

three (3) calendar days before his departure from Guam;

and

(2) no later than three (3) working days after each

change in temporary lodging information, vehicle

information, internet identifiers, or telephone numbers,

immediately notify the Judiciary of Guam, Probation

Division, and inform the Judiciary of Guam, Probation

Division, of all changes in the information required for that

sex offender in the sex offender registry.

(3) The Judiciary of Guam, Probation Division, shall

immediately provide the updated information, via electronic

forwarding, to:

(A) all other jurisdictions in which the sex

offender is required to register;

(B) the Guam Police Department; and

(C) any other appropriate governmental agency as

determined by the Judiciary of Guam, Probation

Division.

(g) Registration Requirement; Guam Residents Who are

Employed, Carry on a Vocation, or are Students in Another

Jurisdiction. A person who is required to register on Guam and

who is employed, carries on a vocation, or is a student in another

jurisdiction shall also register in that other jurisdiction pursuant

to the registration requirements of that jurisdiction.

(h) Registration Requirement; Sex offenders Who Move to

Another Jurisdiction. When a sex offender who is required to

register on Guam anticipates moving to another jurisdiction, that

registrant shall report the change of address to the Judiciary of

Guam, Probation Division, pursuant to the requirements of this

Chapter, and comply with any registration requirement of the

new jurisdiction.

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(i) Persons required to register under this Section shall not

access, or create or maintain a personal web page, profile,

account, password, or user name for: a social networking

website; or an instant messaging or chat room program, that

permits persons under the age of eighteen (18) years to become a

member or to create or maintain a personal web page, unless

such social networking website, or an instant messaging or chat

room, limits the ability of adult members to add persons under

the age of eighteen (18) years as friends, buddies or associates.

All computers or devices capable of accessing the internet that

are on the registrant’s person, vehicle or home are subject to

unannounced searches by law enforcement personnel acting

within the scope of their duties while performing a lawful

investigation.