Minimum Wage; Restitution for Actual Amount Lost

(a)Any credit for community service against the fine imposed shall be given at any hourly rate that equals or exceeds the minimum wage prevailing in Guam.

(b)Restitution to a crime victim shall be either in monetary payment for damages and should not exceed the actual amount lost, or the offender may repay the crime victim by repairing the damages with the consent and agreement of the crime victim; or the offender may repay the crime victim with the consent and agreement of the crime victim.

(c)[No text]

(1)In the event that there is a dispute between the crime victim and the offender as to the amount of the loss, the judge shall set an amount that adequately and fairly compensates the crime victim, however, the crime victim may pursue his claim in a civil action, or be mutually agreed upon arbitration under the provisions of §§ 2110 through 2120 inclusive of the Civil Procedure Code of Guam, and any decision rendered by such court or arbitrator shall be binding upon the offender, the sentencing judge and the crime victim.

(2)The amount of restitution set by the sentencing judge hereunder shall not limit whatever other civil remedies the crime victim may have.

(d)The sentencing judge shall give consideration to any community service that benefits the public and is beneficial to the offender.

(1)Any charity, governmental agency or public cause that qualifies for a tax deduction to any donor under United States income tax laws or the tax laws of Guam shall be deemed beneficial to the public.

(2)Any person convicted of Driving Under the Influence, as defined by 9 GCA § 92101(a) et seq., shall serve at least one-half (1/2) of that person’s community service, working in the litter CH. 80 DISPOSITION OF OFFENDERS cleaning program created by 9 GCA § 81.10, unless the Court determines that the defendant is prevented from working in said program by mental or physical infirmity.