Sentencing Provisions

(a)Community Service. In addition to any other sentence it may impose, the court may order the defendant to participate in community service. No such participation shall occur at any humane society, animal shelter, or other facility where an animal is present, unless first approved by said organization.

(b)Evaluation & Treatment.

(1)In addition to any other sentence it may impose, the court shall order the defendant convicted of a felony crime under this Article to undergo a psychiatric, psychological, or mental health evaluation, and if warranted by the condition of the defendant, shall order the defendant to undergo appropriate care or treatment.

(3)Treatment may include, but is not limited to, counseling and humane education classes.

(4)Treatment may be conducted in-person or online.

(5)All costs of the evaluation, care and treatment shall be borne by the defendant. However, if the court determines that the defendant is indigent, the government of Guam may provide access to government funded or government contracted service providers, if available.

(c)Education. The Department of Agriculture shall make COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES available educational material and information regarding proper animal care and welfare to the defendant. At a minimum, such information shall be made available in printed form or online, as deemed appropriate by the Department of Agriculture.

(d)Forfeiture. In addition to any other sentence it may impose, the court shall require a defendant convicted under this Article to forfeit all legal interest of the defendant in the animal subjected to the violation. The court shall award all such interest to the animal to a caregiving agency.

(e)Contact with Animals.

(1)In addition to any other penalty imposed by law, a court may require a defendant convicted of a felony under this Article to not own, possess, or have custody or control of any animal for a minimum period of five

(5)years on a first offense; and for a minimum period of fifteen

(15)years on a second or subsequent offense.

(2)A violation of this Subsection is a petty misdemeanor and shall result in the forfeiture of the offender’s interest in the animal.

(3)Notwithstanding any other provision of law, an officer may immediately seize any animal found to be kept in violation of this Subsection.

(f)Reimbursement of Costs to Caregiving Agency. In addition to any other sentence it may impose, the court shall require a defendant convicted under this Article to repay all reasonable costs incurred by any person or organization prior to judgment in seizing and providing minimum care for each animal subjected to mistreatment in violation of this Article.

(g)Restitution to Guardian. In addition to any other sentence it may impose, the court shall order that restitution be made by a defendant convicted under this Article to the guardian of any animal subjected to mistreatment by the defendant in violation of this Article. The measure for restitution shall be the actual pecuniary value of such loss, including, but not limited to, the actual veterinary expenses, special supplies, and other costs incurred by the animal’s guardian in treating the animal and in COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES attempting to restore the animal to good health or to otherwise ameliorate the effects of the criminal violation.