(a) After a plea, finding or verdict of guilty, the Court shall impose against the defendant a special assessment of One Hundred Dollars ($100.00) for any misdemeanor and Two Hundred Fifty Dollars ($250.00) for any felony offense. (b) No person may have his sentence suspended, be placed on probation, enter a deferred plea, be released on parole, be placed in a work release or educational program at the Department of Corrections, or be permitted to operate a motor vehicle if convicted of Driving under the Influence of Drug(s) or Alcohol, until the special assessment is paid. The Court may give the offender reasonable time to make the payment. (c) All assessments shall be paid at the Superior Court of Guam. The Superior Court shall transfer seventy-five percent (75%) of the collected funds from this Act to a GPD Special Assessments Fund. (d) All assessment funds shall be deposited into the GPD Special Assessments Fund. The account shall require the signatures of both the Chief of Police, and the Deputy Chief of Police, or the Acting Chief or Acting Deputy, but in no case shall checks be written with less than two (2) signatures. (e) All Funds in the GPD Special Assessments Fund are appropriated to the Guam Police Department and shall be expended for the purchase or repair of equipment, training of GPD personnel and capital improvement projects. (f) GPD shall submit an audit of the assessment funds at the end of each fiscal year with the Public Auditor and I Liheslaturan
Guåhan. All checks, invoices and contracts related to the assessment funds shall, at all times, be available for public inspection and photocopying. Assessment funds may not be borrowed against or used to secure any transaction. (g) All other funds collected by the Court under this Act shall be used by the Superior Court of Guam for the purpose of the establishment of programs such as the Drug Court or Drug-related projects. After the end of three (3) years of enactment, the Superior Court of Guam shall submit to I Liheslaturan Guåhan for re- appropriation of the funds. SOURCE: Added by P.L. 24-285:2 (Oct. 16, 1998). 2015 NOTE: This provision was declared unconstitutional in People v. Iriarte, Superior Court Case Nos. CM0480-98, CM0815-98, CM1876-98 (Decision & Order, Mar. 15, 1999). This Decision and Order states: “The Court as well as the Government agree that this statute is unconstitutional both due to the fact that it punishes those who are unable to pay the fine and thus violates the equal protection clause, and further due to the fact that such statute is applied ex post facto.” Despite being found to be unconstitutional, this provision has not been removed from the GCA, as 1 GCA §1606 does not authorize the Compiler to remove it from the code. To date, this provision has not been repealed by the Guam Legislature.