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Deferred Plea Eligibility. Notwithstanding any other provision of law, and upon the determination of the judge, this § 30.80.1 shall apply whenever a case is before the court upon an accusatory pleading for any criminal act against a family or household member as defined in Subsection

(b)of § 30.10 of this Chapter.

(a)The following persons are ineligible for the deferred guilty plea for family violence process:

(1)a defendant who has a felony conviction for any offense involving violence within seven

(7)years prior to the alleged commission of the charged offense;

(2)a defendant who has participated in a diversion or deferred plea program for family violence, or a similar offense in Guam or another locality;

(3)a defendant who has been sentenced for a violation of § 30.40 of this Chapter within one

(1)year prior to the alleged commission of the charged offense; or

(4)a defendant whose current charge involves serious bodily injury as defined in Subsection

(c)of § 16.10, Chapter 16 of this Title, or criminal sexual conduct involving sexual penetration as defined in Item

(9)of Subsection

(a)of § 25.10, Chapter 25 of this Title, unless the court finds that due to unusual circumstances deferral of the criminal proceedings is manifestly in the interest of justice.

(b)The fact that a defendant is not made ineligible by Subsection

(a)of this § 30.80.1 does not automatically entitle a defendant to the deferred guilty plea for family violence.

(c)The prosecuting attorney shall determine whether the defendant is ineligible for deferral by reason of any of the factors set forth in Subsection

(a)of this § 30.80.1. If the prosecutor finds that the person is not ineligible, and will agree to a deferred plea, the prosecutor shall notify the defendant.

(d)If the prosecutor finds that the defendant is ineligible, or if the prosecutor will not agree to a deferral although the defendant is not excluded by reason of Subsection

(a)of this § 30.80.1, the prosecutor shall notify the defendant. CH. 30 FAMILY VIOLENCE

(e)Any defendant who is not specifically ineligible for the deferral process pursuant to Subsection

(a)of this § 30.80.1 may apply to the court, by noticed motion for an order granting a deferred plea. The prosecuting attorney may oppose this application.