Guam § 30 - 2. Deferred Guilty Plea Hearing.

§ 30. 2. Deferred Guilty Plea Hearing.

(a) Upon noticed motion, the court shall hold a hearing and, after consideration of any and all

information the court believes to be relevant to its decision, the court shall determine if the defendant

consents to further proceedings under this § 30.80.2 and waives his or her right to a speedy trial, and if the

defendant should be allowed to enter a deferred guilty plea in the criminal proceedings and referred for

education, counseling and/or treatment program(s) directed specifically to the violent conduct of the

defendant. The court, in determining the defendant’s eligibility for a deferred guilty plea, shall consider the

nature and extent of the injury inflicted upon the victim, any prior incidents of family violence by the

defendant, and any factors which would adversely influence the likelihood of successful completion of the

deferred guilty plea agreement. If the court does not deem the defendant a person who would be benefited

by a deferred guilty plea, or if the defendant does not consent to participate, the criminal proceedings shall

continue as in any other case. If the court accepts the deferred plea agreement, the court shall make inquiry

into the financial condition of the defendant and upon a finding that the defendant is able in whole or part

to pay the expense of such counseling the court may order him or her to pay for all or part of such expense.

Nothing in this Subsection shall prohibit the placement of a defendant in another appropriate counseling

program if the court determines that there is no available education and/or treatment program.

(b) At such time that the defendant’s plea in a case is deferred, any bail bond or undertaking, or deposit

in lieu thereof, on file by or on behalf of him or her shall be exonerated, and the court shall enter an order

so directing.

(c) The period during which further criminal proceedings against a person may be deferred pursuant

to this Section shall be no less than one (1) year, and no more than three (3) years.

(d) The court shall set forth in writing or state on the record its reason for granting or denying a deferred

plea agreement. The court’s decision in such a matter shall be final and shall not constitute an appealable

order.