Guam senators weigh reallocation of $5 million to fix prison generators, domes and security amid overcrowding

At a Committee of the Whole hearing, senators questioned Department of Corrections leaders on urgent repairs and operational shortfalls the department says must be fixed now if inmates and staff are to be kept safe. The hearing centered on Bill No. 368-37, which would allow use of funds previously earmarked for a new prison; proponents urged moving some of that money to immediate repairs and equipment.

The hearing’s witness panel included Fred Berdaglio Jr., director of the Department of Corrections; Roma Okada, the department’s administrative services officer; and Major Helen Lazama, operations commander. Berdaglio told senators the department is operating in “antiquated” buildings and outlined a short-term plan focused on restoring power, cooling and basic security systems. “We have facilities that are antiquated and are in need of fixing and repairs,” Berdaglio said. He described priorities that would guide any near-term spending: generators and backup power for buildings and dome tents; air-conditioning and plumbing repairs; improved fencing and interior barriers in open “dome” housing; security cameras and reliable video recording; and a chase/transport vehicle to prevent contraband drops and help move detainees to court.

Major Lazama testified about the conditions inside several dome tents and other housing units, citing overcrowding and equipment failures. Lazama told senators the department is housing roughly 933 to 950 people in its custody and that staffing is far below safe levels: the department currently lists 169 correction officers, with operational shifts sometimes left with about 20–25 officers on duty for hundreds of detainees. “How do you even imagine to watch 700 prisoners with just 20 officers, 25 officers? It happened; it’s happening now,” Lazama said. She warned that repeated power outages, broken cameras and sealed windows with failed ventilation increase risk of violence and potential constitutional claims, saying the combined deficiencies “lead to the violation of their civil rights, which falls under the Eighth Amendment of cruel and unusual punishment.”

Senators pressed for specifics. Berdaglio said the department’s FY25 allotment is roughly $45 million, of which about $33 million goes to personnel and a large portion of the remainder is used for inmate medical care and contracted services. He said capital outlay for FY25 was limited (about $150,000) and that a separate appropriation originally intended for modernization remains restricted. Berdaglio also described an architecture-and-design price he said the department had been quoted for a full new facility (reported in the hearing transcript as approximately $16,483,598) and said the $5 million originally earmarked for modernization could not be used for immediate repairs without legislative action.

Attorney general involvement and federal assistance were recurring themes. Major Lazama said the department had asked Attorney General Douglas Moylan to consider releasing nonviolent defendants to reduce population; she said Moylan did not agree to broad releases and instead was pursuing short-term mitigation options such as temporary Butler-type tents for additional beds. Berdaglio and other witnesses also described ongoing interactions with FEMA and the Guam Recovery Office over repair projects from Typhoon Mawar; they said FEMA has asked for maintenance records for some equipment and that final FEMA reimbursement is uncertain for a list of projects estimated in prior submissions at roughly $2 million.

Sponsor Senator Duane Saint Nicholas proposed a compromise during the hearing. “Instead of giving you the whole 5… we compromise to 1,000,000,” he said, describing the figure as an interim amount to address the most urgent repairs. Several senators expressed concern that $1 million would not be sufficient for the scope of repairs discussed; others argued the $5 million appropriation had been intended as debt-service/design funding for a new facility and that releasing it for operations would undermine the long-term modernization plan.

Multiple senators asked about longer-term plans and coordination with other agencies. Berdaglio said the department’s strategic plan (2023–2026) still envisions a modernized prison, and he described continuing work with DPW, the governor’s office and federal partners on design and funding. He also said the Attorney General had indicated he would review a list of roughly 130 pretrial cases for potential relief, and that the judiciary and federal officials are engaged in related discussions.

No final committee vote on Bill No. 368-37 or on any amendment was recorded during the hearing. The committee recessed and planned to reconvene the following day to continue the first round of questions and to consider motions.

The hearing record includes repeated requests from department witnesses for reliable supplies and day‑to‑day items — from commercial washers and dryers to basic hygiene supplies — and several senators urged that the administration and the department increase efforts to document maintenance histories and pursue federal and other sources of reimbursement before spending locally appropriated funds.