Guam § 160 - Plea Agreement Provisions for Victims.

§ 160. Plea Agreement Provisions for Victims.

(a) Victims or their surviving immediate family members have the right

to be notified of any potential plea agreement and to express their views on

any proposed plea agreements prior to a plea agreement being reached

between the prosecutor and the defendant. The prosecutor shall consider

the views of the victim or the surviving immediate family members in

deciding whether to negotiate or conclude a plea agreement with a

defendant.

(b) Victims or their surviving immediate family members have the

right to be notified when a plea agreement is to be presented to the court,

and to express their views on the plea agreement to the court prior to the

court accepting or rejecting the plea agreement. The court shall consider

the views of the victim or the surviving immediate family members in

deciding whether to accept or reject the negotiated plea agreement.

(c) Before a plea agreement is allowed in any aggravated murder case

where a defendant has, or is alleged to have, with a premeditated intent

caused the death of another person, caused the death of such person or of a

third person, and there was more than one victim, and the murders were part

of a common scheme or plan, or the result of a single act of the defendant, a

prosecutor shall:

(1) explain to victims or their surviving immediate family

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CH. 160 CRIME V ICTIM’S R IGHTS ACT OF 2004

members of the case, the rights of victims;

(2) explain to victims or their surviving immediate family

members of the case, how the plea agreement process works and the

circumstances that might lead to a plea agreement;

(3)explain to victims or their surviving immediate family

members of the case, how victim advocates can help victims prepare

and submit impact statements that are useful to both the prosecutor and

the court throughout the plea agreement process;

(4) ensure victims or their surviving immediate family members

are notified of any potential plea agreement and have the opportunity

to express their views on any proposed plea agreements prior to any

plea agreement being reached with the defendant; and

(5) ensure victims or their surviving immediate family members

are notified when a plea agreement is to be presented to the court and

have the opportunity to express their views on the plea agreement to

the court prior to the court accepting the plea agreement.