During a public health emergency, the isolation and quarantine of an individual or groups of individuals shall be undertaken in accordance with the following procedures.
(a) Temporary Isolation and Quarantine Without Notice. (1) Authorization. The public health authority may
temporarily isolate or quarantine an individual, or
groups of individuals, through a written directive if delay in imposing the isolation or quarantine would significantly jeopardize the public health authority’s ability to prevent or limit the transmission of a contagious or possibly contagious disease to others.

(2) Content of Directive. The written directive shall specify the following:

(i) the identity of the individual(s) or groups of individuals subject to isolation or quarantine;

(ii) the premises subject to isolation or quarantine;

(iii) the date and time at which isolation or quarantine commences;

(iv) the suspected contagious disease if known; and

(v) a copy of Article 6 and relevant definitions of this Chapter.

(3) Copies. A copy of the written directive shall be given to the individual to be isolated or quarantined or, if the order applies to a group of individuals and it is impractical to provide individual copies, it may be posted in a conspicuous place in the isolation or quarantine premises.

(4) Petition for Continued Isolation or Quarantine. Within ten (10) days after issuing the written directive, the public health authority shall file a petition pursuant to §19605(b) for a court order authorizing the continued
isolation or quarantine of the isolated or quarantined individual or groups of individuals.

(b) Isolation or Quarantine With Notice.

(1) Authorization. The public health authority may make a written petition to the Superior Court of Guam for an order authorizing the isolation or quarantine of an individual or groups of individuals.

(2) Content of Petition. A petition under Subsection
(b)(1) shall specify the following:

(i) the identity of the individual(s) or groups of individuals subject to isolation or quarantine;

(ii) the premises subject to isolation or quarantine;

(iii) the date and time at which isolation or quarantine commences;

(iv) the suspected contagious disease if known;

(v) a statement of compliance with the conditions and principles for isolation and quarantine of §19604(b); and

(vi) a statement of the basis upon which isolation or quarantine is justified in compliance with this Article. The petition shall be accompanied by the sworn affidavit of the public health authority attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court=s consideration.

(3) Notice. Notice to the individuals or groups of individuals identified in the petition shall be accomplished within twenty-four (24) hours in accordance with the rules of civil procedure.

(4) Hearing. A hearing must be held on any petition filed pursuant to this Subsection within five (5) days of filing of the petition. In extraordinary circumstances and for good cause shown, the public health authority mayapply to continue the hearing date on a petition filed pursuant to this Section for up to ten (10) days, which continuance the court may grant in its discretion giving due regard to the rights of the affected individuals, the protection of the public=s health, the severity of the emergency and the availability of necessary witnesses and evidence.

(5) Order. The court shall grant the petition if, by a preponderance of the evidence, isolation or quarantine is shown to be reasonably necessary to prevent or limit the transmission of a contagious or possibly contagious disease to others.

(i) An order authorizing isolation or quarantine may do so for a period not to exceed thirty (30) days.

(ii) The order shall:

(aa) identify the isolated or quarantined individuals, or groups of individuals, by name or shared or similar characteristics or circumstances;

(bb) specify factual findings warranting isolation or quarantine pursuant to this Chapter;

(cc) include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this Chapter; and

(dd) served on affected individuals or groups of individuals in accordance with the rules of civil procedure.

(6) Continuances. Prior to the expiration of an order issued pursuant to §19605(b)(5), the public health authority may move to continue isolation or quarantine for additional periods not to exceed thirty (30) days each. The court shall consider the motion in accordance with standards set forth in §19605(b)(5).
(c) Relief from Isolation and Quarantine.

(1) Releases. An individual or group of individuals isolated or quarantined pursuant to this Chapter may apply to the Superior Court of Guam for an order to show cause why the individual or group of individuals should be released. The Court shall rule upon the application to show cause within forty-eight (48) hours of its filing. If the court grants the application, the Court shall schedule a hearing on the order to show cause within twenty-four (24) hours from issuance of the order to show cause. The issuance of an order to show cause shall not stay or enjoin an isolation or quarantine order.

(2) Remedies for Breach of Conditions. An individual or groups of individuals isolated or quarantined pursuant to this Chapter may request a hearing in the Superior Court of Guam for remedies regarding breaches to the conditions of isolation or quarantine. A request for a hearing shall not stay or enjoin an isolation or quarantine order.

(i) Upon receipt of a request under this Subsection alleging extraordinary circumstances justifying the immediate granting of relief, the Court shall fix a date for hearing on the matters alleged not more than twenty-four (24) hours from receipt of the request.

(ii) Otherwise, upon receipt of a request under this Subsection, the Court shall fix a date for hearing on the matters alleged within five (5) days from receipt of the request.

(3) Extensions. In any proceedings brought for relief under this Subsection, in extraordinary circumstances and for good cause shown the public health authority may move the Court to extend the time for a hearing, which extension the Court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public=s health, the

severity of the emergency and the availability of necessary witnesses and evidence.

(d) Proceedings. A record of the proceedings pursuant to this Section shall be made and retained. In the event that, given a state of public health emergency, parties cannot personally appear before the Court, proceedings may be conducted by their authorized representatives and be held via any means that allows all parties to fully participate.
(e) Court to Appoint Counsel and Consolidate Claims. (1) Appointment. The Court shall appoint counsel
at the expense of the government of Guam to represent individuals or groups of individuals who are, or who are about to be isolated or quarantined pursuant to the provisions of this Chapter, and who are not otherwise represented by counsel. Appointments shall be made in accordance with the procedures to be specified in the Public Health Emergency Plan and shall last throughout the duration of the isolation or quarantine of the individual or groups of individuals. The public health authority must provide adequate means of communication between such individuals or groups and their counsel.

(2) Consolidation. In any proceedings brought pursuant to this Section, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public=s health, the severity of the emergency and the availability of necessary witnesses and evidence, the Court may order the consolidation of individual claims into group or claims where:

(i) the number of individuals involved or to be affected is so large as to render individual participation impractical;

(ii) there are questions of law or fact common to the individual claims or rights to be determined;

(iii) the group claims or rights to be determined are typical of the affected individuals= claims or rights; and

(iv) the entire group will be adequately represented in the consolidation.

2021 NOTE: This provision was declared “”inorganic and void”” by the Supreme Court of Guam in its ruling in a certified question case presented by Governor of Guam Lourdes Leon Guerrero. See In re: Request of Lourdes A. Leon Guerrero, I Maga’hågan Guåhan, Relative to the Power of the Executive Branch to Establish, Maintain, and Operate Quarantine Facilities in Guam and to Promulgate Quarantine and Sanitation Regulations for the Protection of Guam Against the Importation and Spread of Disease, 2021 Guam 6 ¶ 2 (July 2, 2021). The Supreme Court determined that “”Section 19605 intrudes too far into the Governor’s power to operation quarantine stations and regulate quarantine by dictating substantive quarantine decisions . . . [and] therefore prevents the Governor from accomplishing her Organic Act responsibilities over quarantine.””
2021 Guam 6 ¶ 50.