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8 GCA § 40.20

Bail Conditions; Defined, When to be Used

Guam Code AnnotatedTitle 8 — Criminal Procedure
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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 CH. 40 RELEASE 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.

§ The story of this section

  1. Enacted by P.L. 13-186 (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Amended by P.L. 24-239 § 11 — introduced as Bill 547-24 · introduced by Anthony C. Blaz + 2 cosponsors
  3. Affected by P.L. 34-71 § 4 — introduced as Bill 177-34 · introduced by Therese M. Terlaje

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.