Where the judge determines that release of the person charged on his/her own recognizance will not reasonably assure his/her appearance as required, or will endanger the safety of any other person or the community, the judge shall impose the least onerous of the following conditions which is reasonably likely to assure the person’s appearance as required and the safety of any other person and the community, or, if no single condition gives that assurance, the least onerous combination of the following conditions: (a) placement of the person in the custody of a designated person or organization agreeing to supervise him/her and to assist him/her in appearing in court; (b) placement of restrictions on the activities, movements, associations, and residence of the person; (c) placement of the person under supervision by means of electronic monitoring, including electronic monitoring with alleged victim stay-away alert technology, if available, and subject to the payment of fees or the exemption of fees, and other rules established by the court for electronic monitoring; (d) execution of a bond in an amount specified by the judge; such bond in the discretion of the judge to be either unsecured or secured in whole or in part by the deposit of cash or other property, or by the obligation of qualified sureties; (e) release of the person during working hours, but with the condition that he/she return to custody at specified times; (f) require the person charged with family violence or violation of a protective order to undergo a lethality risk
assessment or other risk assessments deemed appropriate by the Judiciary of Guam; or (g) any other condition reasonably necessary to assure appearance as required and the safety of any other person and the community. SOURCE: Added by P.L. 13-186 (Sept. 2, 1976). Amended by P.L. 24- 239:11 (Aug. 14, 1998) (Family Violence Act of 1998), and P.L. 34-071:4 (Dec. 15, 2017). NOTE: Section 40.20 is new. It is based on 18 U.S.C. § 3146(a) and ABA, Project on Minimum, Standards for Criminal Justice Pretrial Release §§ 5.2, 5.3 (Approved draft 1968). See also former Rule 46(c), (d). Subsection (a) follows the basic form of § 3146 (a)(1). The ABA standards add a separate condition providing for the supervision of the accused by “a probation officer or other appropriate public official.” See § 5.2(b) (ii). Although not specifically so stated, Subsection (a) permits placing the accused under the supervision of any person, including a probation officer other public official. Subsection (c) deals with bonds generally and grants the court broad discretion to fashion the terms of the bond in whatever manner appears necessary. Unlike 18 U.S.C. § 3146(a), this Section makes no attempt to list the possible conditions in order of degree of onerousness. The impact of the different conditions on different persons will vary and the court should consider these differences as they apply in each case. For example, money bail to a very wealthy person would have little impact unless set extremely high. On the other hand, money bail even in a low amount to an indigent would preclude release.