Failure to Appear for Registration, Absconding and Failure to Register. (§89.06)

(a) Failure to Appear. In the event a sex offender fails to register on Guam as required by this Chapter, then the Judiciary of Guam, Probation Division, or designee shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school enrollment on Guam, and that the sex offender failed to appear for registration.

(b) Absconded Sex Offenders. If the Judiciary of Guam, Probation Division, or its designee receives information that a sex offender has absconded, then the Judiciary of Guam, Probation Division, shall make an effort to determine if the sex offender has actually absconded.

(1) In the event that no determination can be made, the Judiciary of Guam or designee shall ensure that the Guam Police Department and other local law enforcement agencies are notified so that a proper investigation may be conducted.

(2) If the information indicating the possible absconding came through notice from another jurisdiction or federal authorities, the other jurisdiction or the federal authorities shall be informed that the sex offender failed to appear and register.

(3) If an absconded sex offender cannot be located by the Guam Police Department after the matter had been forwarded for investigation, then the Guam Police Department shall inform the Judiciary of Guam, Probation Division, and the Judiciary of Guam, Probation Division, shall take the forthcoming steps:

(A) update the registry to reflect the sex offender has absconded or is otherwise not capable of being located;

(B) notify the U.S. Marshals;

(C) if all legal requirements are met to obtain a federal warrant of arrest, then the U.S. Marshals Service or the Federal Bureau of Investigations may be contacted in an attempt to obtain a federal warrant for the sex offender’s arrest;

(D) update the National Sex Offender Registry (NSOR) to reflect the sex offender’s status as an absconder, or is otherwise not capable of being located; and

(E) enter the sex offender into the National Crime Information Center Wanted Persons File.

(c) Failure to Register. In the event a sex offender who is required to register due to their employment or school attendance status fails to do so or otherwise violate a registration requirement of this Chapter, then the Judiciary of Guam, Probation Division, shall take all appropriate follow-up measures including those outlined in the above Section. The Judiciary of Guam, Probation Division, shall first make an effort to determine if the sex offender is actually employed or attending or enrolled in school within its jurisdiction.

SOURCE: Added by P.L. 25-075:2 (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).