Notification. — Guam Code § 89

§ 89. Notification.

(a) Public Sex Offender Registry Website. There is hereby

established a public sex offender registry website, which the

Judiciary of Guam, Probation Division, shall maintain and

operate pursuant to the provisions of this Chapter, as amended.

(b) Functionality. The Judiciary of Guam, Probation

Division, shall, within the Public Sex Offender Registry

Website, provide for:

(1) a searchable database of all Sex Offenders that shall

have the capability of conducting searches by (A) name, (B)

county, city and/or town, and (C) zip code and/or

geographic radius;

(2) a mechanism to allow visitors to subscribe, through

an electronic mail (e-mail) address, to notification of any

updates or changes made to the Sex Offender Registry;

(3) links, to the extent practicable, to sex offender

safety and education resources;

(4) instructions on how to seek correction of

information that an individual contends is erroneous; and

(5) a warning that information on the site should not be

used to unlawfully injure, harass, or commit a crime against

any individual named in the registry or residing or working

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at any reported address, and such warning shall note that

any such action could result in civil or criminal penalties.

(c) Dru Sjodin National Sex Offender Public Website. The

Judiciary of Guam, Probation Division, shall include in the

design of its website all field search capabilities needed for full

participation in the Dru Sjodin National Sex Offender Public

Website, and shall participate in that website as provided by the

Attorney General of the United States.

(d) Information on the Public Sex Offender Registry

Website. The following information shall be made available to

the public on the sex offender registry website:

(1) notice that an offender is in violation of their

registration requirements or cannot be located if the sex

offender has absconded;

(2) all sex offenses for which the sex offender has been

convicted, which should include the text of the registration

offense;

(3) the sex offense(s), including the text of the

registration offense, for which the sex offender is currently

registered;

(4) the address of the sex offender’s employer;

(5) the name of the sex offender including all aliases,

nicknames, pseudonyms, and tribal or ethnic names;

(6) a current photograph of the sex offender;

(7) a physical description of the sex offender;

(8) the residential address, and if relevant, a description

of a habitual residence of the sex offender;

(9) all addresses of schools in which the sex offender

attends or is enrolled in; and

(10) the sex offender’s vehicle license plate number,

along with a description of the vehicle;

(e) Prohibited Information. The following information shall

not be available to the public on the sex offender registry

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website:

(1) any arrest that did not result in conviction;

(2) the sex offender’s social security number;

(3) any travel and immigration documents;

(4) the identity of the victim; and

(5) any Internet Identifiers.

(f) Victims. The identity of the victim or any information

that may identify the victim is strictly prohibited under this

Chapter.

(g) Re-incarceration. In the event that a registrant is re-

incarcerated for any reason, the information that the registrant is

re-incarcerated, and the reason(s) for such re-incarceration, shall

be released to the community.

(h) Method of Release of Information. The Judiciary of

Guam, Probation Division, shall maintain the Public Sex

Offender Registry Website and it shall be updated immediately

after a registrant registers, or updates registered information.

The community shall have access to the Sex Offender Registry

Web Page. The Judiciary of Guam, Probation Division, shall

transmit a notice of any updates to registration information

concerning any sex offender to the Guam Department of

Education, the Guam Community College, the University of

Guam, the Department of Administration, the Department of

Labor & Agency for Human Resources Development, the

Department of Public Health & Social Services, the Department

of Youth Affairs, the Child Protective Services Agency, the

Office of the Attorney General, all public and private schools,

day care centers, victim shelters and victim advocates, within

three (3) calendar days with the information in which such

registration information can be found. The Judiciary of Guam,

Probation Division, may transmit such information and fulfill the

requirement of this Section by use of an email notification

system described in §89.10(j), below. The Judiciary of Guam,

Probation Division, may transmit any information concerning all

sex offenders directly to the media for dissemination.

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(i) Law Enforcement Notification. Whenever a sex

offender registers or updates his or her information with Guam,

the Judiciary of Guam, Probation Division, shall:

(1) immediately notify the FBI or other federal agency

as designated by the Attorney General in order that the

information may be updated on the National Sex Offender

Registry (NSOR), or other relevant database;

(2) immediately notify any agency, department, or

program with Guam responsible for criminal investigation,

prosecution of child welfare, or sex offender supervision

functions, which will include the Guam Police Department,

Child Protective Services, Office of the Attorney General,

and the Judiciary of Guam, Probation Division;

(3) immediately notify any and all other registration

jurisdictions where the sex offender is registered due to the

sex offender’s residency, school enrollment or employment;

(j) Community Notification. The Judiciary of Guam,

Probation Division, shall ensure there is an automated

community notification process in place that ensures the

following:

(1) that upon a sex offender’s registration or update of

information with Guam, Guam’s public sex offender

registry website is immediately updated within (3) working

days;

(2) that Guam’s public sex offender’s registry has a

function that enables the general public to request email

notices that will notify the person requesting such

information when a sex offender commences residence,

employment or school enrollment on Guam, within a

specified zip code, or within a certain geographic radius.

This email notice shall include the sex offender’s identity so

that the public can access the public registry for the new

information.

(k) Verification of Names on Sex Offender Registry.

Entities within the government of Guam may request the

Judiciary of Guam, Probation Division, to verify the identities of

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individuals registered on the Sex Offender Registry for the

purposes of employment.

(l) Notice of Change. The Judiciary of Guam, Probation

Division, shall, upon the passage of this Act, provide for

education to the community through a notice to the public of

changes made by this Chapter requiring all convicted sex

offenders to register with the Sex Offender Registry. Such

education may include sending of information to local schools,

notice in a publication of general circulation, notices to various

local media entities, and actively promoting safety through and

awareness of the Guam Sex Offender Registry.