Legislative Declaration

(a)The Legislature hereby declares that criminal sexual conduct and repeat offenses are a major problem within the criminal justice system of Guam. The Legislature hereby resolves to curtail the risk of further harm from persons accused or convicted of criminal sexual conduct through the implementation of standardized procedures for the assessment of those individuals for dangerousness and risk for recidivism. The courts should assess the dangerousness and risk of recidivism before release on probation, pre-sentence or parole. Persons convicted of criminal sexual conduct felonies who do not complete treatment and rehabilitation as recommended by a court, the Parole Board, or a Department of Corrections official based on the assessment should not be eligible for early release.

(b)The Legislature finds that psycho-physiological testing is essential in the assessment of sex offenders. Physiologic test results should only be used in conjunction with a thorough COL5/8/2020 CH. 93 CRIMINAL SEXUAL CONDUCT ASSESSMENT AND REHABILITATION ACT psychiatric evaluation, comprehensive sexual history, and clinical expertise. Because effective control and treatment of deviant sexual behaviors depend on identification and understanding of the underlying dysfunction, assessment techniques that provide insight into the etiology of a behavior are critical to reducing sexual predator crimes. More accurate and reliable assessment techniques may improve treatment outcomes and decrease the rate of sexual victimization and may provide more reliable means.