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9 GCA § 89.11

Notification

Guam Code AnnotatedTitle 9 — Crimes and Corrections
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(a)Public Sex Offender Registry Website. There is hereby established a public sex offender registry website, which the Judiciary of Guam, Probation Division, shall maintain and operate pursuant to the provisions of this Chapter, as amended.

(b)Functionality. The Judiciary of Guam, Probation Division, shall, within the Public Sex Offender Registry Website, provide for:

(1)a searchable database of all Sex Offenders that shall have the capability of conducting searches by

(A)name,

(B)county, city and/or town, and

(C)zip code and/or geographic radius;

(2)a mechanism to allow visitors to subscribe, through an electronic mail (e-mail) address, to notification of any updates or changes made to the Sex Offender Registry;

(3)links, to the extent practicable, to sex offender safety and education resources;

(4)instructions on how to seek correction of information that an individual contends is erroneous; and

(5)a warning that information on the site should not be used to unlawfully injure, harass, or commit a crime against any individual named in the registry or residing or working COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY at any reported address, and such warning shall note that any such action could result in civil or criminal penalties.

(c)Dru Sjodin National Sex Offender Public Website. The Judiciary of Guam, Probation Division, shall include in the design of its website all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website, and shall participate in that website as provided by the Attorney General of the United States.

(d)Information on the Public Sex Offender Registry Website. The following information shall be made available to the public on the sex offender registry website:

(1)notice that an offender is in violation of their registration requirements or cannot be located if the sex offender has absconded;

(2)all sex offenses for which the sex offender has been convicted, which should include the text of the registration offense;

(3)the sex offense(s), including the text of the registration offense, for which the sex offender is currently registered;

(4)the address of the sex offender’s employer;

(5)the name of the sex offender including all aliases, nicknames, pseudonyms, and tribal or ethnic names;

(6)a current photograph of the sex offender;

(7)a physical description of the sex offender;

(8)the residential address, and if relevant, a description of a habitual residence of the sex offender;

(9)all addresses of schools in which the sex offender attends or is enrolled in; and

(10)the sex offender’s vehicle license plate number, along with a description of the vehicle;

(e)Prohibited Information. The following information shall not be available to the public on the sex offender registry COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY website:

(1)any arrest that did not result in conviction;

(2)the sex offender’s social security number;

(3)any travel and immigration documents;

(4)the identity of the victim; and

(5)any Internet Identifiers.

(f)Victims. The identity of the victim or any information that may identify the victim is strictly prohibited under this Chapter.

(g)Re-incarceration. In the event that a registrant is reincarcerated for any reason, the information that the registrant is re-incarcerated, and the reason(s) for such re-incarceration, shall be released to the community.

(h)Method of Release of Information. The Judiciary of Guam, Probation Division, shall maintain the Public Sex Offender Registry Website and it shall be updated immediately after a registrant registers, or updates registered information. The community shall have access to the Sex Offender Registry Web Page. The Judiciary of Guam, Probation Division, shall transmit a notice of any updates to registration information concerning any sex offender to the Guam Department of Education, the Guam Community College, the University of Guam, the Department of Administration, the Department of Labor & Agency for Human Resources Development, the Department of Public Health & Social Services, the Department of Youth Affairs, the Child Protective Services Agency, the Office of the Attorney General, all public and private schools, day care centers, victim shelters and victim advocates, within three

(3)calendar days with the information in which such registration information can be found. The Judiciary of Guam, Probation Division, may transmit such information and fulfill the requirement of this Section by use of an email notification system described in §89.10(j), below. The Judiciary of Guam, Probation Division, may transmit any information concerning all sex offenders directly to the media for dissemination. COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY

(i)Law Enforcement Notification. Whenever a sex offender registers or updates his or her information with Guam, the Judiciary of Guam, Probation Division, shall:

(1)immediately notify the FBI or other federal agency as designated by the Attorney General in order that the information may be updated on the National Sex Offender Registry (NSOR), or other relevant database;

(2)immediately notify any agency, department, or program with Guam responsible for criminal investigation, prosecution of child welfare, or sex offender supervision functions, which will include the Guam Police Department, Child Protective Services, Office of the Attorney General, and the Judiciary of Guam, Probation Division;

(3)immediately notify any and all other registration jurisdictions where the sex offender is registered due to the sex offender’s residency, school enrollment or employment;

(j)Community Notification. The Judiciary of Guam, Probation Division, shall ensure there is an automated community notification process in place that ensures the following:

(1)that upon a sex offender’s registration or update of information with Guam, Guam’s public sex offender registry website is immediately updated within

(3)working days;

(2)that Guam’s public sex offender’s registry has a function that enables the general public to request email notices that will notify the person requesting such information when a sex offender commences residence, employment or school enrollment on Guam, within a specified zip code, or within a certain geographic radius. This email notice shall include the sex offender’s identity so that the public can access the public registry for the new information.

(k)Verification of Names on Sex Offender Registry. Entities within the government of Guam may request the Judiciary of Guam, Probation Division, to verify the identities of COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY individuals registered on the Sex Offender Registry for the purposes of employment.

(l)Notice of Change. The Judiciary of Guam, Probation Division, shall, upon the passage of this Act, provide for education to the community through a notice to the public of changes made by this Chapter requiring all convicted sex offenders to register with the Sex Offender Registry. Such education may include sending of information to local schools, notice in a publication of general circulation, notices to various local media entities, and actively promoting safety through and awareness of the Guam Sex Offender Registry.

§ The story of this section

  1. Enacted by P.L. 25-75 § 2 — introduced as Bill 299-25 · introduced by John C. Salas
  2. Amended by P.L. 28-77 § 2 — introduced as Bill 86-28 · introduced by Ray Tenorio
  3. Amended by P.L. 29-30 — introduced as Bill 105-29 · introduced by Frank Ishizaki + 2 cosponsors
  4. Affected by P.L. 30-223 § 2 — introduced as Bill 428-30 · introduced by Adolpho B. Palacios, Sr + 2 cosponsors

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