FOR IMMEDIATE NEWS RELEASE (May 6, 2019 – Hagåtña)
Senator Therese Terlaje held a roundtable discussion this afternoon with members of the Judiciary, Office of the Attorney General, Department of Corrections, the Parole Board, Guam Behavioral Health and Wellness Center, and Public Defenders Service Corporation regarding Guam’s sentencing laws, rehabilitation programs and parole for repeat sexual offenders, particularly when committed against children.
Prior to the hearing, Senator Therese Terlaje asked the invited agencies to provide information that would help the Legislature determine if there is adequate assessment, treatment, or rehabilitation for repeat criminal sexual contact offenders and if any such tools are currently being used or should be incorporated into sentencing and parole.
The following are some of the key findings:
· Prior to 2017, there were no rehabilitation or treatment programs available on Guam for repeat Criminal Sexual Conduct offenders. Department of Corrections (DOC) reported that it recently instituted a Sex Offender treatment program, based on cognitive behavior interventions (CBI) best practices, but only 15 people can be put in this program.
· Psychological evaluations are often requested by the Parole Board to be included in Parole Investigation Reports used to make parole decisions. However, these evaluations are not always conducted or made available to the Parole Board before hearings are held. Chairman MiChelle Taitano of the Guam Parole Board reported that in light of the Paul Mafnas case, no hearings will be held unless the Parole Board has a completed psychological evaluation.
· Risk assessments are not catered to criminal sexual contact repeat offenders and this risk may not be adequately known by judges, Department of Corrections or Parole Board.
· Pre-sentencing investigation reports and recommendations regarding parole made at the time of sentencing are have not been available to the Parole office or Parole Board when making parole decisions even though it is mandated by statute.
· Current reality is that criminal sexual conduct offenders will continue to be released at the expiration of sentence without accurate risk assessment, without any treatment and without further monitoring required.
Senator Terlaje states, “All relevant information and risk assessment must be made available. We can’t pretend to know the risk. We must all unite and act immediately to prevent repeat offenses and to protect our community. If we can’t get the correct information to ensure the safety of children, we should put a moratorium on parole.