Restitution

(a)A person convicted of violations of this article shall be ordered to pay mandatory restitution to the victim as provided in paragraph

(c)of this section.

(b)Restitution under this section shall include items covered by existing Guam statutes governing victim restitution and any of the following if not already included in Guam’s restitution statute:

(1)costs of medical and psychological treatment, COL 6/21/2023 CH. 26 HUMAN TRAFFICKING AND CRIMINAL EXPLOITATION including physical and occupational rehabilitation, at the court's discretion; therapy and

(2)costs of necessary transportation, temporary housing, and child care, at the court's discretion;

(3)the greater of:

(A)the gross income or value to the defendant of the trafficking victim’s commercial sex acts or sexually-explicit performances, or labor or services;

(B)the value of the trafficking victim’s labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA); or

(C)the value of the trafficking victim’s labor as guaranteed under the minimum wage and overtime provisions of Guam labor laws.

(4)return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair;

(5)expenses incurred by a victim and any household members or other family members in relocating away from the defendant or his associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and

(6)any and all other losses suffered by the victim as a result of violations of this article.

(c)Restitution shall be paid to the victim promptly upon the conviction of the defendant, with the proceeds from property forfeited under this subsection applied first to payment of restitution. The return of the victim to her or his home country or other absence of the victim from the jurisdiction shall not COL 6/21/2023 CH. 26 HUMAN TRAFFICKING AND CRIMINAL EXPLOITATION prevent the victim from receiving restitution.

(d)Nonpayment or delay in payment of restitution shall be governed by Guam restitution statute(s) governing non-payment or delay in restitution payments.