Guam Legislature approves $5 million to restart new prison design and procurement process

The Guam Legislature on Aug. 18 passed an amendment to SB 44 that appropriates $5,000,000 from the net projected unobligated fiscal year 2026 general fund revenue balance to restart design and procurement steps for a new Department of Corrections facility.

Senator Chris Barnett, who introduced the amendment, said the money is needed so the Department of Corrections (DOC) “can go to market” for architecture and engineering work. “The Department of Corrections has been very clear in communicating…they can't go to market without $5,000,000 in the bank,” Barnett said. He told colleagues the legislature originally appropriated $5,000,000 but $1,000,000 was later reallocated to emergent repairs, leaving only $4,000,000 and forcing the agency to cancel the planned A&E procurement.

The amendment cites Public Law 36‑57 (the Department of Corrections Modernization Act of 2021) and would add funding specifically for financing, design, construction, maintenance and related expenses for the new facility under that law. Barnett framed the measure as a fulfillment of a multi‑year policy commitment to build a modern facility and said officers are working “to an officer anywhere from 80 to a 100 inmates and detainees,” a staffing ratio he and others told the committee underscores urgency.

Supporters said the funding is a necessary step to move a long‑delayed project forward. “We literally need to put our money where our mouth is,” said Senator Munya Barnes, who spoke in favor of the amendment and tied it to the legislature’s previous commitments under the modernization act. Senator St. Augustine and others also voiced support, saying carrying unexpended DOC funds forward or adding the $5,000,000 would enable the agency to begin procurement and help secure financing for later construction phases.

Some senators urged caution about the chosen funding source. “I would urge caution on the funding source,” said Senator Parkinson, who noted revenue uncertainty tied to cuts and future drops in business privilege tax revenues and recommended careful use of unobligated balances. Senator Matanani observed that the governor’s executive budget referenced the original $5,000,000 as expected to come in part from federal earned income tax credit reimbursements in FY 2022, with subsequent payments coming from the general fund.

Senator Gunther Cho recounted committee site visits and interagency meetings and said a new A&E request for proposals is under the attorney general’s review; once approved, the Department of Public Works would advertise the procurement based on available funding. He also noted that prior laws and appropriations already set aside funding for related projects and that the DOC has previously been authorized to access $1,000,000 for emergency repairs.

After discussion and a roll call, the Barnett amendment passed by roll call vote: 8 yays, 5 nays, and 2 excused. The committee later passed an additional, separate amendment continuing unexpended prior‑year DOC appropriations into FY 2026 without objection.

What the amendment does and what remains

The amendment makes a $5,000,000 appropriation for design and preconstruction work for a new DOC facility, drawn from projected unobligated FY 2026 general fund revenue. It does not itself obligate construction contracts or change procurement rules. Multiple speakers emphasized the funding is intended to allow the DOC to release an architecture and engineering request for proposals and to position the agency to pursue financing for full construction.

Officials and staff referenced in committee said the A&E RFP is under review by the Office of the Attorney General and that DPW will advertise the RFP once the legal review is complete and funding is available. The amendment’s implementation therefore depends on (1) the availability of unobligated FY 2026 general fund revenue, and (2) subsequent procurement, financing and interagency actions.

The committee did not set an effective date for the expenditure; the DOC and implementing agencies must still complete procurement steps and secure financing for construction.

Ending

Passage of the amendment signals the Legislature's renewed funding commitment to the DOC modernization project; committee members and staff said the next steps are legal review, DPW advertising of the A&E RFP and, ultimately, identifying a financing plan to move from design to construction.