) 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 theconduct 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 Guam Code Ann., 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,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;
(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.

SOURCE: 19 Guam Code Ann. § 5106 enacted by P.L. 17-012:2; Subsection (a)
amended by P. L. 17-027:4. Subsection (d) added by P.L. 33-033:3 (June
10, 2015).

2015 NOTE: The legislative intent for adding subsection (d) is set forth in
P.L. 33-033:2, as follows:

Section 2. Legislative Findings and Intent. I Liheslaturan Guåhan finds that current Guam law provides that any child of the age of sixteen (16) years or older, who is charged with a second or first degree felony is automatically certified as an adult. Although many times appropriate, there are instances where the Office of the Attorney General has seen that the charged minor would greatly benefit from being charged with the respective second or first degree felony, but
have their criminal proceedings be adjudicated in Family Court. Unfortunately, no mechanism currently exists in Guam law to provide Family Court jurisdiction for minors aged sixteen (16) or older who are charged with second or first degree felonies.

Therefore, it is the intent of I Liheslaturan Guåhan to ensure discretion as to Family Court jurisdiction of children aged sixteen (16) years or older who are charged with second or first degree felonies by adding a new § 5106(d) of Chapter 5, Title 19, Guam Code Annotated.
COMMENT: Contrast CCP § 254, as amended by P.L. 14-110. This Section has been changed in concept for three reasons. First, the court should be able to retain jurisdiction over a child after he is 18 for purposes of probation as well as for purposes of additional commitment. Since jurisdiction may extend past age 18, and the possibility of such person committing crimes during such juvenile jurisdiction, provisions must be made for charging and sentencing such person as an adult. It would be wrong for a relatively minor adult offense to effect the release of such person who had committed a more serious juvenile offense. Likewise, it would be wrong to permit a less serious juvenile offense to wipe out potential punishment for a more serious offense committed as an adult. Thus, the provisions for remand to the jurisdiction could still continue.

In this Section the age of determination is the age when the offense occurred. This is different from the standard in § 5102 because in this Section we are dealing specifically with a determination of a person’s maturity in committing an offense and a number of persons believe that there is a clear growth in maturity of the average minor when he or she attains the age of 16.

P.L. 17-027 amended this section to require automatic adult treatment for all minors over sixteen who are charged with first or second degree felonies. All homicides to be charged as adult crimes.