) The Guam Police Department may photograph and fingerprint any child who is believed based upon probable cause to have committed a violation of Guam law and is in police custody.
(b) Within thirty (30) days of the failure of the government to prosecute the juvenile or a finding that the juvenile is not a ward of the court, then the Guam Police Department shall destroy any fingerprint or photograph taken pursuant to subsection (a).
SOURCE: CCP § 277 added by P.L. 9-054, modified. References to Department of Public Safety changed to current designation, Guam Police Department.
2022 NOTE: Reference to “”territorial”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.

COMMENT: The Legislature, during debate, changed this section to permit photographing and fingerprinting of juveniles, for the purposes of the immediate incident. These fingerprints and photographs are not a permanent record, and must be destroyed if the juvenile is not found a ward of the court. By the reference to Apolice custody@, presumably the legislature means that the juvenile can be fingerprinted and photographed only when he is first apprehended by the police. Question — What happens

if the fingerprints are required once the juvenile is in the custody of the
Department of Youth Affairs, or otherwise a ward of the court?