Guam § 5111 - Custody: Provisions Governing.

§ 5111. Custody: Provisions Governing.

(a) When any child found violating any law or any rule or

regulation with the force and effect of law, or whose surroundings

are such as to endanger his welfare, is taken into custody, such

taking into custody shall not be termed an arrest. The jurisdiction

of the court shall attach from the time of such taking into custody.

When a child is so taken into custody, such officer shall cause the

parent, guardian or custodian of the child to be notified as soon as

possible. Whenever possible, unless otherwise ordered by the

court, such child shall be released to the custody of his parent or

other responsible adult upon the written promise, signed by such

person, to bring the child to the court at a stated time or at such

time as the court may direct. Such written promise, accompanied

by a written report by the officer, shall be submitted to the court

as soon as possible. If such person shall fail to produce the child

as agreed or upon notice from the court, a summons or warrant

may be issued for the apprehension of such person or of the child.

(b) If the child is not released hereinabove provided, such

child shall be taken without unnecessary delay to the court or to

the place of detention designated by the court, and as soon as

possible thereafter the fact of such detention shall be reported to

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the court, accompanied by a written report by the officer taking

the child into custody stating:

(1) The facts of the offense; and

(2) The reason why the child is not released to the

parent.

Pending further disposition of the case, the court may release

such child to the custody of the parent or other person or may

detain the child in such place as the court shall designate; subject

to further order, but no child shall be held in a detention longer

than two (2) days, excluding Sundays and holidays, unless an

order for such detention is signed by the judge.

(c) No child shall be transported in any police vehicle which

also contains adults under arrest, unless the child is alleged to have

been involved with the adult also being transported in the same

illegal activity or course of conduct; provided, also, that a child

may be transported in the same police vehicle if, under the

circumstances, other transportation is not available. No child shall

at any time be detained in any police station, lockup, jail or prison;

except, that by order of the judge in which reason therefor shall be

specified, a child sixteen (16) years of age, but under eighteen (18)

years of age whose conduct or condition is such as to endanger his

safety or welfare or that of others in the detention facility for

children, may be placed in a jail or other place of detention for

adults, but in a room or ward entirely separate from adults

confined thereon; provided that this section shall not prohibit the

interrogation of a child with respect to any felonious activity.

(d) provisions regarding bail shall not be applicable to

children detained in accordance with the provisions of this

Chapter.