Guam § 5106 - Certification for Criminal Proceedings.

§ 5106. Certification for Criminal Proceedings.

(a) If a child is sixteen (16) years of age or older at the time

he committed the offense for which he is charged, and if the

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conduct is a misdemeanor or a felony of the third degree, and if

the court after full investigation deems it contrary to the best

interest of such child or of the public to retain jurisdiction, the

court may, in its discretion, certify such child for proper criminal

proceedings to any court which would have trial jurisdiction of

such offense if committed by an adult. A child who is sixteen (16)

years of age or older at the time he committed the offense for

which he is charged shall automatically be charged as an adult for

any act which would constitute a felony of the first or second

degree along with any acts which are misdemeanors or felonies of

the third degree which are part of the same scheme of criminal

activity as the felony. If a child is under sixteen years of age at the

time he committed the offense for which he is charged, and if the

conduct would constitute an offense under 9 GCA Chapter 16

(Homicides), and if the court after full investigation deems it

contrary to the best interest of such child or of the public to retain

jurisdiction, the court may, in its discretion, certify such child for

proper criminal proceedings to any court which would have trial

jurisdiction of such offense if committed by an adult. If a child is

certified as an adult, the same judge shall not, in turn preside over

the criminal proceedings against such child.

(b) If a person over the age of eighteen (18) years, over whom

the court retains jurisdiction under this Title, is subject to a

commitment or probation order of the Family Division and is

charged with any offense against the laws of Guam not triable in

the Traffic Division of the Court, such person shall be tried and

punished as an adult. If, during the pendency of such adult

proceedings, the person would be entitled to bail as an adult, the

Superior Court shall, instead of releasing such person, remand him

to the custody of the department, agency, or institution to which

he was committed at the time of the bail proceedings. If such

person was not committed under this Title, but was on probation,

he may be admitted to bail and the conditions of his probation

under this Title made a part of the conditions of his bail. Nothing

in this Section shall prevent the Family Division, upon the

appropriate proceedings, from taking action against such person

based upon a violation of his conditions of probation.

(c) Should the adult proceedings against any person

described in Subsection (b), above, be terminated for any reason,

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or such person released from the judgment of the adult court,

including by the completion of any adult sentence, before the

person has reached his twenty-first (21st) birthday, such person

shall be remanded to the jurisdiction of the Family Division for

the completion of his original juvenile disposition. Upon such

remand, the judge of the Family Division may determine, in light

of all the circumstances then existing, whether this person shall be

returned to the custody of the juvenile institution to which he had

been committed at the time he was sentenced as an adult or,

whether, because of such conviction and other circumstances, a

modification of the juvenile commitment, or discharge from the

jurisdiction of the Family Division, should be made. The court

may continue the juvenile confinement, or may release the person

from the jurisdiction of the Family Court, or may modify the order

previously issued in any manner the court deems necessary.

(d) Notwithstanding Subsection (a) of this Section, on

motion of either the prosecutor or defendant, or sua sponte by the

Court, the complaint or indictment may be transferred to the

jurisdiction of the Family Court upon a finding based on clear and

convincing evidence that the best interest of the minor would be

amenable to the care, treatment, and training programs available

through the facilities of the juvenile court based on an evaluation

of the following:

(1) the age of the minor;

(2) the history of the minor, including:

(A) any previous delinquent or criminal history of

the minor;

(B) any previous abuse or neglect history of the

minor; and

(C) any mental health, physical or educational

history of the minor, or a combination of these factors;

(3) the circumstances of the offense, including:

(A) the seriousness of the offense;

(B) whether the minor is charged through

accountability;

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(C) whether there is evidence the offense was

committed in an aggressive and premeditated manner;

(D) whether there is evidence the offense caused

seriously bodily harm; and

(E) whether there is evidence the minor possessed

a deadly weapon;

(4) the advantages of treatment within the juvenile

justice system, including, whether there are facilities or

programs, or both, particularly available in the juvenile

system;

(5) whether the security of the public requires

sentencing under Title 9, Chapter 80 of the Guam Code

Annotated;

(6) the minor’s history of services, including the

minor’s willingness to participate meaningfully in available

services;

(7) whether there is a reasonable likelihood that the

minor can be rehabilitated before the expiration of the

juvenile court’s jurisdiction; and

(8) the adequacy of the punishment or services.

In considering these factors, the court shall give greater

weight to the seriousness of the alleged offense and the minor’s

prior record of delinquency than to the other factors listed in this

Subsection.