Electronic Monitoring of Sex Offenders

(a)The Superior Court may order that a sex offender wear an electronic monitoring device, as defined by § 89.01

(w)of this Chapter, for any portion of or all of the duration of his probation, as a condition of his probation. The offender shall pay for the purchase or lease of the electronic monitoring device, provided that the Court may order that the cost or a portion thereof be paid by the Court.

(b)If a sex offender is released on parole from incarceration, the Territorial Parole Board may require, as a condition of his parole, that the offender wear an electronic monitoring device as defined by § 89.01(w) of this Chapter, for COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY any portion of or all of the duration of his parole. The offender shall pay for the purchase or lease of the electronic monitoring device, provided that the Parole Board may direct that the cost or a portion thereof be paid by the Parole Office.

(c)The Supreme Court of Guam shall enact rules and regulations, pursuant to the Administrative Adjudication Law, to effectuate Subsections

(a)and

(b)herein. Said rules shall include a means of determining EMD costs and assessing the offenders therefor.

(d)Any person(s) who disables or attempts to disable or otherwise render wholly or partially unusable, an electronic monitoring device defined in § 89.01(w) of this Chapter, while being used by an “offender” as defined by § 89.02 of this Chapter, commits a third degree felony. The penalty for such felony shall be re-incarceration for the remainder of the original sentence, inclusive of any probationary period, and an additional sentence of confinement of not less than one

(1)year and no more than five

(5)years. Such additional sentence shall run subsequent to the original sentence.