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8 GCA § 40.60

Additional Restrictions May be Applied; Application

Guam Code AnnotatedTitle 8 — Criminal Procedure
View official PDF ↗

by Prosecutor; Additional Restrictions Listed.

(a)At the first appearance or at any time thereafter, upon the application of the prosecuting attorney and a showing that there exists a danger that the person charged will commit an offense or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judge may issue an order which:

(1)prohibits the person charged from approaching or communicating with particular persons or classes of persons, except that the order shall not be deemed to prohibit any lawful and ethical activity of the person’s counsel;

(2)prohibits the person charged from going to certain described geographical areas or premises;

(3)prohibits the person charged from possessing any dangerous weapon, or engaging in certain described activities, or indulging in intoxicating liquors or in certain drugs;

(4)requires the person charged to report regularly to and remain under the supervision of an officer of the court;

(5)requires the person charged to undergo drug testing under the supervision of an officer of the court;

(6)requires the person charged to be placed under supervision by means of electronic monitoring, subject to COL6/24/2021 CH. 40 RELEASE the payment of fees or the exemption of fees, and subject to other rules established by the court for electronic monitoring; or

(7)requires the person charged with family violence or violation of a protective order to undergo a lethality risk assessment or other risk assessments deemed appropriate by the court.

(b)For any person charged with family violence, a judge may issue an order for electronic monitoring or an order for risk assessment without application of the prosecuting attorney.

(c)The person charged shall execute an acknowledgment of the order and be given a copy of the order at that time.

§ The story of this section

  1. Enacted by P.L. 13-186 (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Enacted by P.L. 24-239 § 14 — introduced as Bill 547-24 · introduced by Anthony C. Blaz + 2 cosponsors
  3. Amended by P.L. 34-71 § 5 — introduced as Bill 177-34 · introduced by Therese M. Terlaje

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