GUAM LAWS
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§ 89.03. 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.
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(2) Digitized Format. To the greatest extent possible, 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 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
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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 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 selfidentification
in Internet communications or postings, including
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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 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:
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(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, 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;
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(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 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
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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 § 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;
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http://www.guamcourts.org/sor/Title/Title%209%20Chapter%2089.pdf