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9 GCA CRIMES & CORRECTIONS CH. 93 CRIMINAL SEXUAL CONDUCT ASSESSMENT AND REHABILITATION ACT 1 CHAPTER 93 CRIMINAL SEXUAL CONDUCT ASSESSMENT AND REHABILITATION ACT SOURCE: Entire Chapter added by P.L. 35-071:1 (Feb. 13, 20 20). § 93.10. Short Title. § 93.11. Legislative Declaration. § 93.20. Criminal Sexual Conduct Assessment: Standa rdized Procedure. § 93.30. Assessment Required for Convicted Felons a nd Criminal Sexual Conduct Offenders. § 93.35. Sentencing of Felons: Parole of Felons: Tr eatment and Testing Based Upon Assessment Required. § 93.40. Development of Testing Programs. § 93.50. Report to the Legislature. § 93.10. Short Title . This Act may be cited as the 'Criminal Sexual Condu ct Assessment and Rehabilitation Act.' § 93.11. Legislative Declaration. (a) The Legislature hereby declares that criminal s exual conduct and repeat offenses are a major problem wit hin the criminal justice system of Guam. The Legislature he reby resolves to curtail the risk of further harm from p ersons accused or convicted of criminal sexual conduct through the implementation of standardized procedures for the a ssessment of those individuals for dangerousness and risk for re cidivism.

rom p ersons accused or convicted of criminal sexual conduct through the implementation of standardized procedures for the a ssessment of those individuals for dangerousness and risk for re cidivism. 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 d o not complete treatment and rehabilitation as recommende d by a court, the Parole Board, or a Department of Correct ions 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. Ph ysiologic test results should only be used in conjunction with a t horough COL5/8/20209 GCA CRIMES & CORRECTIONS CH. 93 CRIMINAL SEXUAL CONDUCT ASSESSMENT AND REHABILITATION ACT 2 psychiatric evaluation, comprehensive sexual histor y, and clinical expertise. Because effective control and t reatment of deviant sexual behaviors depend on identification a nd understanding of the underlying dysfunction, assess ment techniques that provide insight into the etiology o f a behavior are critical to reducing

viant sexual behaviors depend on identification a nd understanding of the underlying dysfunction, assess ment techniques that provide insight into the etiology o f a behavior are critical to reducing sexual predator crimes. More a ccurate and reliable assessment techniques may improve treatmen t outcomes and decrease the rate of sexual victimization and m ay provide more reliable means. 2020 NOTE: Subsection designations added pursuant to the aut hority of 1 GCA § 1606. § 93.20. Criminal Sexual Conduct Assessment: Standa rdized Procedure. (a) The Superior Court of Guam, the Department of Corrections, the Guam Parole Board, the Guam Police Department, and the Guam Behavioral Health and Well ness Center (the Assessment Team) shall cooperate to develop and implement the following: (1) A standardized procedure for the assessment of individuals accused or convicted of sexual offenses for dangerousness and risk for recidivism. The assessme nt may include the use of physiological testing, in conjun ction with a thorough psychiatric evaluation, comprehensive se xual history, and clinical expertise or such other test of the offender as deemed appropriate by the Assessment Te am.

esting, in conjun ction with a thorough psychiatric evaluation, comprehensive se xual history, and clinical expertise or such other test of the offender as deemed appropriate by the Assessment Te am. The assessment procedure developed pursuant to this Section shall recommend treatment or rehabilitation that is appropriate to the needs of the particular offender and which is aimed at reducing dangerousness and risk o f recidivism or shall indicate whether no treatment or rehabilitation is known or predictable that will re duce dangerousness or risk of recidivism. (2) A system of programs for treatment and rehabilitation of individuals convicted of criminal sexual conduct offenses which can be utilized by offenders who are placed on probation, incarcerated at the Depart ment of COL5/8/20209 GCA CRIMES & CORRECTIONS CH. 93 CRIMINAL SEXUAL CONDUCT ASSESSMENT AND REHABILITATION ACT 3 Corrections, placed on parole, or placed in communi ty corrections, or released on probation or parole, or discharged from prison. (b) The procedures for treatment and rehabilitation required to be developed by Subsection (a) of this Section s hall be implemented only to the extent monies are available ;

discharged from prison. (b) The procedures for treatment and rehabilitation required to be developed by Subsection (a) of this Section s hall be implemented only to the extent monies are available ; provided that, in all cases, persons referred or ordered to receive treatment or rehabilitation shall do so at their own expense, unless such person is determined to be indigent. (c) The Superior Court of Guam, the Department of Corrections, the Guam Parole Board, the Guam Police Department, and the Guam Behavioral Health and Well ness Center shall cooperate to develop a schedule of fees sufficient to cover the costs of assessment, testing, and treatme nt as required by this Section. All persons referred or ordered to receive assessment, testing, or treatment shall be made to pay for such, in accordance with the fee schedule, except in such cases where the person is determined to be indigent, at which p oint the government of Guam may provide access to government funded or government contracted service providers, if avai lable. § 93.30. Assessment Required for Convicted Felons a nd Criminal Sexual Conduct Offenders.

nt of Guam may provide access to government funded or government contracted service providers, if avai lable. § 93.30. Assessment Required for Convicted Felons a nd Criminal Sexual Conduct Offenders. (a) A person convicted of a criminal sexual conduct felony committed on or after the effective date of this Ac t who is to be considered for probation, pre-sentence release, sen tencing, or parole shall be required, as part of the pre-senten ce or probation investigation, to submit to an assessment developed pursuant to § 93.20(a)(1). The court shall order such person to comply with the recommendations of such assessment as a conditi on of probation, pre-sentence release, or parole, and as part of the sentence, at the person’s own expense, unless such person is indigent, at which point the government of Guam may provide access to government funded or government contracte d service providers, if available. (b) Each person convicted of a criminal sexual cond uct misdemeanor committed on or after the effective dat e of this Act COL5/8/20209 GCA CRIMES & CORRECTIONS CH. 93 CRIMINAL SEXUAL CONDUCT ASSESSMENT AND REHABILITATION ACT 4 shall be required to submit to an assessment developed p

after the effective dat e of this Act COL5/8/20209 GCA CRIMES & CORRECTIONS CH. 93 CRIMINAL SEXUAL CONDUCT ASSESSMENT AND REHABILITATION ACT 4 shall be required to submit to an assessment developed p ursuant to § 93.20(a)(1). The court shall order such person to comply with the recommendations of such assessment at the person's own expense, unless such person is indigent. If suc h person is sentenced to probation, such person shall be ordered to comply with the recommendations as a condition of probatio n at such person’s own expense, unless such person is indigen t, at which point the government of Guam may provide access to government funded or government contracted service providers, if available. (c) The assessment required by Subsection (a) of th is Section or the assessment required by Subsection (b ) of this Section shall be at the expense of the person assessed, unless such person is indigent, at which point the governm ent of Guam may provide access to government funded or governme nt contracted service providers, if available. § 93.35. Sentencing and Parole of Felons: Parole of Felons: Treatment and Testing Based Upon Assessment Require d.

cess to government funded or governme nt contracted service providers, if available. § 93.35. Sentencing and Parole of Felons: Parole of Felons: Treatment and Testing Based Upon Assessment Require d. (a) Each person sentenced by the court for a crimin al sexual conduct felony committed on or after the effective date of this Act shall be required, as part of any sentence, to undergo periodic assessment, treatment, and rehabilitation which is appropriate to such person based upon the recommend ations of the assessment made pursuant to § 93.30 of this Cha pter, or based upon any subsequent recommendations by the De partment of Corrections, the Probation Office, the Parole Bo ard or the Superior Court of Guam, whichever is appropriate. A ny such testing or treatment shall be at such person's own expense, unless such person is indigent, at which point the governm ent of Guam may provide access to government funded or governme nt contracted service providers, if available. (b) Each person convicted of a criminal sexual cond uct felony who is placed on parole by the Guam Parole B oard on or after the effective date of this Act, shall be required, as a condition of such parole, to undergo

nvicted of a criminal sexual cond uct felony who is placed on parole by the Guam Parole B oard on or after the effective date of this Act, shall be required, as a condition of such parole, to undergo periodic testi ng and treatment that is appropriate to such person based upon the recommendations of the assessment made pursuant to § 93.30 of COL5/8/20209 GCA CRIMES & CORRECTIONS CH. 93 CRIMINAL SEXUAL CONDUCT ASSESSMENT AND REHABILITATION ACT 5 this Chapter, or any assessment or subsequent reass essment made regarding such person during his or her incarc eration or any period of parole. Any such testing or treatment shall be at such person's own expense, unless such person is in digent, at which point the government of Guam may provide acce ss to government funded or government contracted service providers, if available. § 93.40. Development of Testing Programs. (a) The Superior Court of Guam, the Guam Behavioral Health and Wellness Center, the Department of Corre ctions, and the Guam Parole Board shall cooperate to develop programs for the periodic assessment of criminal sexual conduct offenders under the jurisdiction of each agency, and programs for the periodic reassessment of

Parole Board shall cooperate to develop programs for the periodic assessment of criminal sexual conduct offenders under the jurisdiction of each agency, and programs for the periodic reassessment of appropriate treatment and rehabilitation made in the initial assessment required by § 93.30 of this Chapter, or any subsequent reassessment. (b) The Department of Corrections shall promulgate Disciplinary Rules and Regulations for those incarc erated criminal sexual conduct offenders who fail to submi t to the assessment, treatment or rehabilitation recommendat ions. Disciplinary Rules and Regulations shall promote fairness and consistency in the treatment of offenders and may i nclude, but shall not be limited to, an increased level of supervisi on, the use of electronic monitoring, loss of work credit time granted pursuant to 9 GCA § 81.10, and referral of the offe nder to the court to update the sentence to reflect such loss o f work credit, or other sanctions designed to prevent further harm fr om such offender. Any offender who does not cooperate with assessments and complete the treatment or rehabilitation progra m shall not be eligible for parole.

ions designed to prevent further harm fr om such offender. Any offender who does not cooperate with assessments and complete the treatment or rehabilitation progra m shall not be eligible for parole. (c) The Superior Court shall immediately revoke probation or release due to failure to submit to an assessmen t, treatment or rehabilitation made a condition of probation, pre-s entence release or release. COL5/8/20209 GCA CRIMES & CORRECTIONS CH. 93 CRIMINAL SEXUAL CONDUCT ASSESSMENT AND REHABILITATION ACT 6 (d) The Guam Parole Board shall immediately revoke parole due to failure to submit to an assessment, t reatment or rehabilitation made a condition of parole. § 93.50. Report to the Legislature. Upon enactment of this Act, the Superior Court of G uam, the Department of Corrections, the Guam Parole Boar d, the Guam Police Department, and the Guam Behavioral Hea lth and Wellness Center shall jointly make and transmit an annual report to the Speaker of the Guam Legislature regarding th e implementation of this Act; the standardized proced ures developed pursuant to this Act; and the results of the programs created by this Act, including expected and actual effectiveness of the

g th e implementation of this Act; the standardized proced ures developed pursuant to this Act; and the results of the programs created by this Act, including expected and actual effectiveness of the assessment, treatment, and rehabilitation in reducing levels of dangerousness or risk of recidivism of criminal sexual conduct offenders while incarcerated and on release . ---------- COL5/8/2020