Registration; Duty to Register (Title 9GCA §89.03)

(a) Persons Required to Register on Guam. The following persons shall have the absolute duty to register on Guam at the Judiciary of Guam, Probation Division, pursuant to this Chapter:

  (1) Residents. Any person who resides on Guam that has been or is hereafter convicted of a sex offense; and

  (2) Non-Residents. Any person who is a non-resident who is on Guam for the purpose of being employed or as a student and has been or is hereafter convicted of a sex offense.

(b) Registration Requirements; Information to be Registered.

  (1) Registrants required to provide information. All persons required to register shall provide all of the information detailed in this Section to the Judiciary of Guam, Probation Division, and the Judiciary of Guam, Probation Division, shall obtain all of the information detailed in this Section from any person required to register with Guam in accordance with this Chapter, and shall implement any relevant policies and procedures necessary to effectuate the intent of this code.

  (2) Digitized Format. To the greatest extent possible, all information obtained under this code shall be maintained by the Judiciary of Guam, Probation Division, in a digitized format.

  (3) Sex Offender Registry Management System. There is hereby established a Sex Offender Registry, which the Judiciary of Guam, Probation Division, shall maintain and operate pursuant to the provisions of this Chapter, as amended. The sex offender registry shall be maintained in an electronic database by the Judiciary of Guam, Probation Division, and shall be in a form capable of electronic transmission. This sex offender registry may also be maintained in any other form in addition to the electronic database described above.

  (4) Provided by the Offender. The following information must be registered and updated by any sex offender required to register under this Chapter at the Judiciary of Guam, Probation Division, or at the designated agency assigned to manage the Sex Offender Registry Management System:
     (A) Name, Date of Birth, Social Security Number. All primary and given names, alias(es), nicknames, and pseudonyms to include ethnic and tribal names (regardless of the context in which they are used, actual date of birth and any purported dates of birth, and actual social security number and any purported social security numbers used, if any, and any other identifying factors;

     (B) Residential and Physical Address.

       (i) Current physical address and mailing address, or if the person is incarcerated, the address of the residence where the person will be residing immediately upon release and the mailing address the person plans to use immediately upon release;

       (ii) If a registrant does not have a fixed or definite address, then a specific name, description and the location of the place or places where the registrant habitually lives, to include, but not be limited to, information of a certain part of the city or village that is the registrant’s habitual locale, a park or spot on the street where the registrant stations himself/herself during the day or sleeps at night, any shelters or temporary homeless shelters which the registrant circulates, or places of public buildings, restaurants, libraries, or other establishments that the registrant frequents;

       (iii) physical address and mailing address of any anticipated future residence or any residence of temporary lodging, wherein the offender leaves the current residence for seven (7) days or more, including any land line telephone numbers of the anticipated future residence or temporary lodging, pagers or cellular/mobile numbers that the offender has access to or anticipates in having access to;

     (C) Employment Information. Employer name, employer’s telephone numbers, physical address and mailing address of current and/or anticipated employment, and if applicable, transient/day labor information. If the employment requires registrant to travel to different locales, then the registrant shall provide the specific names and addresses of the other locales;

     (D) Photograph. A current photograph (paper records);

     (E) School Information. Name and address of any place where the sex offender is a student or will be a student, including the name and address of any secondary school, institution of higher education, trade school or professional school (public or privately owned), and enrollment status;

     (F) Phone Numbers. Any land line telephone numbers, pagers, cellular/mobile numbers, or any other designations used by the offender for purposes of routing or self-identification in telephonic communications, that the offender has access to or anticipates having access to;

     (G) Vehicle Information. The license plate number and description of any vehicle, which includes all land vehicles, aircrafts, or watercrafts, whether owned or operated for work or personal use, to include a description of the vehicle, its permanent or frequent location;

     (H) Internet Identifiers. Internet identifiers and all designations used by sex offenders for purposes of routing or self-identification in Internet communications or postings, including email addresses, instant messaging addresses or any other designation used in internet communication;

     (I) Driver’s License and Identification Card. A photocopy of all valid driver’s licenses or identification cards, if any, issued to the offender by any and all jurisdictions;

     (J) Passport and Immigration Documents. A photocopy of all passport and immigrations documents, if any, issued to the offender by any and all countries and jurisdictions;

     (K) Professional Licensing Information. Professional Licensing Information, to include all licensing in which the registrant has obtained or had previously obtained which authorizes the registrant to engage in an occupation or carry out a trade or business. This includes any information as to the name, place of employment and contact information as required in this Section, as well as any organization or business wherein the professional license was obtained and to which the registrant is affiliated or has some financial stake in;

     (L) International Travel. Any intended travel plans or arrangements that the sex offender has, whether such travel is to an international jurisdiction or within the United States or its territories. The Offender shall provide such travel plans or arrangements at least twenty-one (21) days in advance of such travel. Information provided by the sex offender shall include the destination and any other information requested by the Judiciary of Guam, Probation Office or the designated Guam agency in charge of managing the Sex Offender Registry; and

     (M) Miscellaneous. Any other information as may be deemed appropriate by the Judiciary of Guam, Probation Office or the designated Guam agency in charge of managing the Sex Offender Registry.

  (5) Provided by Guam. The Judiciary of Guam, Probation Office, or the designated agency that manages Guam’s Sex Offender Registry in which the sex offender registers shall ensure that the following information is included in the Guam Sex Offender Registry for that sex offender:

     (A) Physical Description. A physical description of the offender, to include a written general physical description of the offender and any distinguishing physical characteristics or marks such as birthmarks, scars, moles, and tattoos, and its location on the offender. A photograph of any such distinguishing physical characteristics or marks should be included if possible, but is not required;

     (B) Photograph. A current photograph of the offender (digitized form);

     (C) Driver’s License and Identification Card. A photocopy of all valid driver’s licenses or identification cards, if any, issued to the offender by any and all jurisdictions (digitized form);

     (D) Passport and Immigration Documents. A photocopy of all passport and immigration documents, if any, issued to the offender by any and all countries and jurisdictions (digitized form);

     (E) Criminal History. Criminal history, including the date of all arrests and convictions, the status of parole, probation, or supervised release, registration status, all relevant information related to the underlying crime which triggered the registration requirements of this Chapter, any sex offender registration status, and any outstanding arrest warrants;

     (F) Treatment Documentation. Documentation of any treatment that the sex offender has completed, is currently undergoing, or wherein the sex offender has been ordered to attend and complete by any court on Guam, as defined under § 89.01(n);

     (G) Fingerprints and Palm Prints. Fingerprints and palm prints;

     (H) DNA Sample. A DNA sample of the offender;

     (I) Text of Registration of Offense. The text of the provision of law defining the criminal offense for which the sex offender is registered;

     (J) Notice and Acknowledgement Form of Registration Requirements. All sex offenders will sign and acknowledge a notice and acknowledgement form which shall provide information regarding the registration requirements and duties of sex offenders. The sex offender will be required to sign an acknowledgement that the information of the registration requirements have been provided upon their initial registration, and an original, photocopy, or electronic copy of the offender’s notice form signed shall be made available on Guam’s sex offender registry; and

     (K) Miscellaneous. Any other information as may be deemed appropriate by the Judiciary of Guam, Probation Division, or the designated Guam agency in charge of managing the Sex Offender Registry.

  (6) Exemptions.

     (A) Federally Protected Witnesses. Where the person required to register is a Federally protected witness, the person shall not be required to provide a photograph, alias(es), and original name, place of offense, date of birth, social security number or prior residence.

     (B) Pardoned Convict or Conviction Reversed Upon Appeal. The duty to register under this Chapter shall not be applicable to any sex offender whose conviction was reversed upon appeal, or who was pardoned by I Maga’lahen Guåhan, or who has been pardoned by the designated agency or individual of any jurisdiction as defined in this code.

     (c) Biological Samples.

   (1) Every person convicted in court of a criminal sexual conduct offense, or of a criminal offense against a victim who is a minor, shall provide a biological sample to the Guam Police Department for DNA profile information typing upon conviction.

   (2) Every person who was convicted in court of a criminal sexual conduct offense or of a criminal offense against a victim who is a minor and is incarcerated on the effective date of this law shall provide a biological sample for DNA profile information no later than ninety (90) calendar days after the effective date of this law.

   (3) Every person who was convicted in court of a criminal sexual conduct offense or of a criminal offense against a victim who is a minor and is released on parole or probation shall provide a biological sample for DNA profile information to the Guam Police Department at the time of that person’s initial registration or within thirty (30) working days of initial registration.

   (4) Every person required to register pursuant to § 89.03(a) shall provide a biological sample to the Guam Police Department for DNA profile information at the time of that person’s initial registration on Guam or within thirty (30) working days upon conviction.

   (5) Intentional or knowing failure to provide a biological sample shall have the same penalty as a failure to provide initial registration information, which is a felony of the third degree as noted under § 89.05(f).

   (6) All biological samples for DNA profile information typing that is provided to the Guam Police Department pursuant to this Subsection shall be submitted for analysis and entry of the resulting DNA profile into the Combined DNA Index System (CODIS).

     (d) Registration Requirements for Persons Required to Register Pursuant to § 89.03(a); Initial Registration; Penalty.

   (1) Registry Requirements for Sex Offenders, In General. All persons required to register must register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student.

   (2) Initial Registration, In General. All sex offenders shall initially register:

     (A) before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirements, if the person is so incarcerated on or after the date of the enactment of this statute. Intentional or knowing failure to provide this information shall result in the delay of that person’s release;

     (B) no later than three (3) working days after being sentenced for that offense, if the sex offender is not sentenced to a term of imprisonment, if the person is sentenced on or after the date of the enactment of this statute;

     (C) no later than the date the person is scheduled to be placed on probation. Intentional or knowing failure to provide this information by that date shall result in the revocation of the person’s probation and shall make that person ineligible for probation;

     (D) no later than three (3) working days after arrival on Guam;

     (E) if the registrant is on probation in another jurisdiction and that registrant’s probation is to be transferred to Guam, then the Judiciary of Guam, Probation Division, may obtain the necessary information from the office of probation or parole of the jurisdiction from where the registrant came; said registrant is required to verify the registered information as required by this Chapter no later than three (3) calendar days after the person’s arrival on Guam.

   (3) Where a Person Identified as a Person Required to Register is on Supervised Parole or Probation at the Time of the Passage of This Law and Is Not Currently Registered. Initial registration information must be provided to the Judiciary of Guam, Probation Division, Sex Offender Registry Management Office no later than ninety (90) calendar days after the effective date of this law. Intentional or knowing failure to register pursuant to this Subsection is a felony of the third degree, as noted under § 89.05(a).

   (4) Where a Person Required to Register is No Longer Under the Supervision of Either Probation or Parole at the Time of the Passage of This Law and Is Not Currently Registered. Sex offenders required to register pursuant to this Chapter who fall within this category type shall have the absolute duty to report to and register with the Judiciary of Guam, Probation Division, Sex Offender Registry Management Office. Intentional or knowing failure to register pursuant to this Subsection is a felony of the third degree, as noted under § 89.05(a).

   (5) Conviction Jurisdiction. Any person who has been or is convicted on Guam that is required to register under this Chapter, but does not plan to reside in Guam, be employed on Guam, or register or enroll in a school on Guam, and upon release will reside in another jurisdiction, be employed or will be registering or enrolling in a school in another jurisdiction, shall still be required to register initially in Guam, and upon relocating to the other jurisdiction, the registrant shall be required to make an in-person registration appearance within three (3) working days of commencing residence or employment in that jurisdiction.

   (6) Incarceration Jurisdiction. Any person who has been convicted in another jurisdiction, other than in Guam, but the person will be released from custody of the conviction jurisdiction and released to the custody of Guam and incarcerated on Guam, such registrant, prior to the registrant being released from incarceration on Guam, shall be required to initially register in-person on Guam.

     (e) Registration Requirements; Frequency, Verification, Duration, and Reduction.

   (1) A registrant must verify their registration in person with the Judiciary of Guam, Probation Division, in the manner specified in this Section. At each in-person verification the sex offender shall:

     (A) permit the Judiciary of Guam, Probation Division, to take a photograph of the offender, and

     (B) review existing information for accuracy and update, as necessary, any changes to existing registration information.

   (2) Level One Offender. A person who is a Level One Offender shall verify the following registered information ninety (90) calendar days from the date of initial registration; and shall appear in person once every ninety (90) calendar days thereafter to verify and update their registration information for the rest of their lives. If the ninetieth (90th) day falls on a weekend or holiday, the registrant shall appear on the following working day.

   (3) Level Two Offender. A person who is a Level Two Offender shall verify the following registered information one hundred eighty (180) calendar days from the date of initial registration; and shall appear in person once every one hundred eighty (180) calendar days thereafter to verify and update their registration information for the rest of their lives. If the one hundred eightieth (180th) day falls on a weekend or holiday, the registrant shall appear on the following working day.

   (4) Level Three Offender. A person who is a Level Three Offender shall verify the following registered information one (1) year from the date of the registrant’s initial registration; and shall appear in person once every year thereafter to verify and update their registration information for fifteen (15) years. If the date the registrant is to verify falls on a weekend or holiday, the registrant shall appear on the following working day.

   (5) If any new information or change in information is obtained at an in-person verification, the Judiciary of Guam, Probation Division, shall immediately notify:

     (A) all other jurisdictions in which the sex offender is required to register of the information or change in information;

     (B) the Guam Police Department; and

     (C) any other appropriate governmental agency as determined by the Judiciary of Guam, Probation Division.
     (f) Keeping the Registration Current. A sex offender who is a resident of Guam shall:

   (1) no later than three (3) working days after each change of name, residence, employment, student status, or termination of residence, appear in person at the Judiciary of Guam, Probation Division, and inform the Judiciary of Guam, Probation Division of all changes in the information required for that sex offender in the sex offender registry. If a registrant anticipates moving from Guam, that registrant shall register in person his intended place of residence with the Judiciary of Guam, Probation Division, no later than three (3) calendar days before his departure from Guam; and

   (2) no later than three (3) working days after each change in temporary lodging information, vehicle information, internet identifiers, or telephone numbers, immediately notify the Judiciary of Guam, Probation Division, and inform the Judiciary of Guam, Probation Division, of all changes in the information required for that sex offender in the sex offender registry.

   (3) The Judiciary of Guam, Probation Division, shall immediately provide the updated information, via electronic forwarding, to:

     (A) all other jurisdictions in which the sex offender is required to register;
     (B) the Guam Police Department; and
     (C) any other appropriate governmental agency as determined by the Judiciary of Guam, Probation Division.

     (g) Registration Requirement; Guam Residents Who are Employed, Carry on a Vocation, or are Students in Another Jurisdiction. A person who is required to register on Guam and who is employed, carries on a vocation, or is a student in another jurisdiction shall also register in that other jurisdiction pursuant to the registration requirements of that jurisdiction.

     (h) Registration Requirement; Sex offenders Who Move to Another Jurisdiction. When a sex offender who is required to register on Guam anticipates moving to another jurisdiction, that registrant shall report the change of address to the Judiciary of Guam, Probation Division, pursuant to the requirements of this Chapter, and comply with any registration requirement of the new jurisdiction.

     (i) Persons required to register under this Section shall not access, or create or maintain a personal web page, profile, account, password, or user name for: a social networking website; or an instant messaging or chat room program, that permits persons under the age of eighteen (18) years to become a member or to create or maintain a personal web page, unless such social networking website, or an instant messaging or chat room, limits the ability of adult members to add persons under the age of eighteen (18) years as friends, buddies or associates. All computers or devices capable of accessing the internet that are on the registrant’s person, vehicle or home are subject to unannounced searches by


SOURCE: Added by P.L. 25-75:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007), and P.L. 30-223:2 (Dec. 30, 2010). Subsection (i) added by P.L. 31-047:2 (May 23, 2011).