Courts of Justice in General

(a)The Courts of justice of Guam shall consist of the Supreme Court of Guam and the Superior Court of Guam. The Supreme Court of Guam shall be the highest Court of Guam and shall have supervisory, but not administrative authority over the Superior Court of Guam and all other local courts in Guam in accordance with rules and regulations promulgated by the Supreme Court Judicial Council. The Supreme Court may, by rules of court, create such divisions of the Supreme and Superior Courts as may be desirable, and may designate which of the divisions of the Superior Court are to be courts of record and which shall be courts not of record; provided, however, that four

(4)such divisions of the Superior Court shall continue, one being the Traffic Division, not a court of record; one being the Small Claims Division, not a court of record; a third being the Family Division, a court of record, and the fourth, being the Drug Court, a court of record. The Supreme Court of Guam and the Superior Court of Guam, except for the Traffic and Small Claims Divisions of the Superior Court, are courts of record.

(b)Whenever the term “courts of Guam” is used elsewhere in this Title, it shall refer only to courts established by the laws of Guam unless the District Court of Guam is specifically mentioned in connection therewith.

(c)Establishment of the Guam Veterans Treatment Court. CH. 2 COURTS OF JUSTICE

(1)Legislative Findings and Intent. I Liheslaturan Guåhan recognizes that veterans, to include active, reserve and National Guard servicemembers, have provided or are currently providing an invaluable service to our country. In so doing, some may suffer the effects of, including but not limited to, post-traumatic stress disorder, traumatic brain injury, and depression; and may also suffer drug and alcohol dependency, or addiction and co-occurring mental illness and substance abuse problems. As a result of this, some veterans or active duty servicemembers come into contact with the criminal justice system and are charged with felony or misdemeanor offenses. There is a critical need for the criminal justice system to recognize that these veterans may be suffering from a mental illness as a direct result of their service to our country, and that appropriate judicial consideration and treatment should be provided to the veteran in the application of justice. Therefore, it is the intent of I Liheslaturan Guåhan to realize the establishment of a veterans’ treatment court program which would benefit Guam’s veterans, their families, and the island community.

(2)Establishment of a Guam Veterans Treatment Court. The Judicial Council of the Judiciary of Guam may establish, through a duly adopted resolution, a Guam Veterans Treatment Court program in accordance with the provisions contained in this Act. The Guam Veterans Treatment Court may be a separate court of record or a program of a specialized treatment court within the Judiciary of Guam.

(3)Schedule of Fees for the Guam Veterans Treatment Court. The Judicial Council may establish a fee schedule to supplement the cost for the conduct and operation of the Guam Veterans Treatment Court. The creation of such fees, if deemed necessary, shall be established in accordance with the Administrative Adjudication Act requirements as set forth in law.

(d)Establishment of the Guam Adult Reentry Court Program. The Judicial Council of the Judiciary of Guam may establish through a duly adopted resolution, a Guam Adult Reentry Court Program for eligible individuals who are sentenced to a term of imprisonment pursuant to Article 5 of Chapter 80, Title 9, Guam Code Annotated. The Judiciary of Guam, the Department of Corrections, and the Parole Board may enter into a memorandum of understanding for the purpose of implementing the Guam Adult Reentry Court Program, as set forth in the Guam Adult Reentry Court

(GARC)Program 2016 Strategic Plan and the Planning and Implementation Guide. The GARC Program is intended to reduce recidivism, implement evidence-based practices, reduce prison overcrowding, and promote public safety. The Guam Adult Reentry Court may conduct hearings to determine eligibility and to oversee the participation of eligible parolees admitted into the Program. Participation in GARC Program shall be limited to those defendants who meet the requirements as promulgated by the Supreme Court of Guam. The Judiciary received a three-year federal grant for FY 2015 through FY 2018 to establish a Guam Adult Reentry Court Program (GARC). Nothing herein requires the Judiciary to implement GARC if it would result in a need for an increase in local funding for the program or impede the ability of judges to address current caseloads under current time restrictions or increase the need for additional judges at the court. The Judicial Council shall report annually to I Liheslatura regarding the performance measurement and program evaluation of this program, as set forth in the Guam Adult Reentry Court

(GARC)Program 2016 Strategic Plan.

(e)Establishment of a Driving While Impaired

(DWI)Treatment Court.

(1)The Supreme Court of Guam may establish a Driving While Impaired Treatment Court (DWI Treatment Court).

(2)Participation in the Driving While Impaired Treatment Court shall be limited to those defendants who meet the legal and clinical requirements in accordance with orders as promulgated by the Supreme Court of Guam.

(3)Nothing herein requires the Judiciary to implement a DWI Treatment Court if it would

(A)result in a need for an increase in local funding for the program or CH. 2 COURTS OF JUSTICE

(B)impede the ability of judges to address current caseloads under current time restrictions or

(C)increase the need for additional judges at the court.