L; governorb?mail.gov.gu Felix P. Carnacho Governor Michael W. Cruz, M.D. Lieutenant Governor The Honorable Mark Forbes Speaker Mina' Bente Nuebi Na Liheslaturan GuHhan 155 Hessler Street Hag Atiia, Guam 969 10 ~~-O.;I-OS?~ Office of the Speak Dear Mr. Speaker: Transmitted herewith is Bill No. 2(EC), "AN ACT TO ADD A NEW $89.01(N) AND A NEW $89.12 TO TITLE 9 GCA TO AUTHORIZE THE USE OF ELECTRONIC MONITORING DEVICES TO MONITOR SEX OFFENDERS" which I signed into law on September 7, 2007 as Public Law 29-07. Sinseru yan Magdhet, FELIX P. CAMACHO I Maga'IHhen GuHhan Governor of Guam Attachment: copy of Bill cc: The Honorable Ray Tenorio Senator and Legislative Secretary
MINA' BENTE NUEBI NA LIHESLATURAN GUAHAN TWENTY-NINTH GUAM LEGISLATURE 155 Hessler Place, Hagitiia, Guam 969 10 August The Honorable Felix P. Camacho I Maga'lahen Guihan Ufisinan I Maga'lahi HagGtiia, Guam 96910.. Dear Maga'laki Camacho: Transmitted herewith are Bill Nos. 3(LS), 6(LS), 27(EC), 53(EC), 57(EC), 60(EC), 61(EC), 62(EC), 100(LS) and Substitute Bill Nos. 2(LS), 17(EC), 22(EC), 40(EC), 52(EC), 97(LS) & 1 120 which were passed by I Mina'Bente Nuebi Na Liheslaturan GuGhan on August 23,2007. Sincerely, A' Legislature Enclosures (16) Director 472-3409 Fax: 472-3510 Chief Fiscal Officer 472-3484 Personnel 472-3520 Protocol 472-3499 Archives 472-3465 Clerk of Legislature 472-3464
I MINA'BENTE NUEBI NA LIHESLATURAN GU~ELLIN 2007 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GW~~AN This is to certify that Substitute Bill No. 2 (LS), "AN ACT TO ADD A NEW 89.01(n) AND A NEW 589.12 TO TITLE 9 GCA TO AUTHORIZE THE USE OF ELECTRONIC MONITORING DEVICES TO MONITOR SEX OFFENDERS," was on the 23rd day of August 2007, duly and regularly This Act was received by I Magarlahen - Gudhan tlus aw day of 2.s o'clock 9.M. &,2007, at peer ~ s s i F M garlahi's 0 'ce Date: f FELIX P. CAMACHO I Magarlahen Gudhan P S F a?+ Public Law No. 29-07
I MINA 'BENTE NUEBI NA LIHESLATURAN GUAHAN 2007 (FIRST) Regular Session Bill No. 2(LS) As substituted by the Committee on Public Safety, Criminal Justice and Youth and amended on the Floor. Introduced by: Ray Tenorio Frank F. Blas, Jr. James V. Espaldon Edward J.B. Calvo Mark Forbes Judith Paulette Guthertz Frank T. Ishizaki J. A. Lujan Tina Rose Mufia Bames A. B. Palacios, Sr. v. c. pangelinan R. J. Respicio David L.G. Shimim A. R. Unpingco J. T. Won Pat AN ACT TO ADD A NEW 89.01(n) AND A NEW 589.12 TO TITLE 9 GCA TO AUTHORIZE THE USE OF ELECTRONIC MONITORING DEVICES TO MONITOR SEX OFFENDERS. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. The Title of Chapter 89 of Title 9 GCA is amended to read: 3 "CHAPTER 89 4 CRIMES AGAINST MINORS, SEX OFFENDER REGISTRY AND 5 ELECTRONIC MONITORING OF SEX OFFENDERS."
1 Section 2. A new subsection (n) is added to $89.01 of Chapter 89 of Title 9 2 GCA to read: 3 "(n) Electronic Monitoring Device (EMD) is a device that monitors 4 the location of the person wearing it through radio frequency, a Global 5 Positioning Satellite (GPS) network or other means of wireless networking, 6 communication or data transmission. Said devices may be active or passive. 7 An active Electronic Monitoring Device transmits location data on a real- 8 time current basis to a central monitoring station. A passive Electronic 9 Monitoring Device collects location data for a specified period of time for 10 subsequent upload to a centralized monitoring system." 11 $ection 3. A new $89.12 is added to Chapter 89 of Title 9 GCA to read: 12 "$89.12. Electronic Monitoring of Sex Offenders. (a) The Superior 13 Court may order that a sex offender wear an electronic monitoring device, 14 as defined by $89.0 1(n) of this Chapter, for any portion of or all of the 15 duration of his probation, as a condition of his probation. The offender 16 shall pay for the purchase or lease of the electronic monitoring device, 17 provided that the Court may order that the cost or a portion thereof be paid 18 by the Court. 19 (b) If a sex offender is released on parole from incarceration, the 20 Territorial Parole Board may require, as a condition of his parole, that the 21 offender wear an electronic monitoring device as defined by $89.01(n) of 22 this Chapter, for any portion of or all of the duration of his parole. The 23 offender shall pay for the purchase or lease of the electronic monitoring 24 device, provided that the Parole Board may direct that the cost or a portion 25 thereof be paid by the Paxole Office.
1 (c) The Supreme Court of Guam shall enact rules and regulations, 2 pursuant to the Administrative Adjudication Law, to effectuate items (a) and 3 (b) herein. Said rules shall include a means of determining EMD costs and 4 assessing the offenders therefor."