Permitted. (a) As used in this Section, ‘release on own recognizance’ means release of the person charged without bail and upon his written agreement to appear in court at all required times and places and to fully comply with any other court-ordered conditions and restrictions. (b) The judge shall order the person charged to be released on recognizance, unless the judge determines, in his discretion, on the basis of available information, that such a release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. (c) In determining whether there is a substantial risk of nonappearance by the person charged or that the person charged will endanger the safety of any other person or the community, the judge shall consider the following factors: (1) the nature of the offense charged, the apparent possibility of conviction and the likely sentence; (2) the history and characteristics of the person
charged, including: (A) length of his/her residence on Guam; (B) his/her employment status and history, and financial condition; (C) his/her family ties and relationships; (D) his/her reputation, character, and mental and physical condition; (E) his/her prior criminal record, if any, including any record of prior release on recognizance or on bail; (F) his/her history relating to drug or alcohol abuse; (G) the identity of the reasonable members of the community who will vouch for his/her reliability; (H) whether, at the time of the current offense or arrest, he/she was on probation, on parole, or on other release pending trial, sentencing, appeal or completion of sentence of an offense under federal, state or local law; and (I) his/her history of compliance with other court orders; (3) the nature and seriousness of the danger the person would pose to the community or to any individual member thereof if released; (4) statements of the alleged victim or others as to previous incidences of violence and threats made to the alleged victim; (5) lethality risk assessments or other risk assessments deemed appropriate by the Judiciary of Guam; and (6) any other factors which bear on the risk of willful failure to appear or the danger the person would pose to the community or to any individual member thereof if released.
(d) Nothing in this Section shall be misconstrued as modifying or limiting the presumption of innocence. SOURCE: Section 40.15 amended by P.L. 20-111:1 (Oct. 19, 1989); P.L. 24-239:10 (Aug. 14, 1998), and P.L. 34-071:3 (Dec. 15, 2017).