Guam Legislature cuts prison appropriation to $1 million after heated DOC hearing; bill advances to third reading

Senators moved on an amendment that reduced an appropriation for the Department of Corrections (DOC) from $5,000,000 to $1,000,000, and the amended bill was placed on third reading after floor debate and questions of DOC leadership.

The amendment carried by unanimous consent after more than two hours of questioning about the status of architectural and engineering (A&E) procurement, the estimated A&E cost, availability of other funds and whether FEMA or ARP money could be used for urgent repairs.

The debate centered on two competing priorities: immediate repairs and safety upgrades at the existing prison, and funding the A&E and initial phases of a new facility. Speaker Terlahi, who led several rounds of questioning of DOC and procurement staff, said he was “very hesitant to not fund a new prison,” but pressed officials on why DOC had already solicited A&E bids without a clear funding source for the award. Terlahi cited a consultant estimate for A&E work of about $16,483,590 and asked how that would be paid for.

Senators repeatedly pressed DOC leadership on short-term cash needs. Senator Fisher argued the body needed to find at least $1,000,000 immediately to begin repairs and avoid further attrition of correctional officers. Senator Senecas, the bill’s sponsor, said he preferred the full $5,000,000 but lacked votes and settled on the $1,000,000 compromise, saying, “If that million saves lives, I hope I make you happy.”

DOC Director Fred Berdaglio told senators the department is “in dire straits” and that “the bottom line is we do need a new prison,” while also describing an immediate list of repairs and operational shortfalls such as generators, air conditioning, cameras and basic supplies. Department staff described procurement delays involving the new FMIS procurement system and GSA, which DOC said prevented timely use of some ARPA requisitions. DOC staff reported approximately $79,315.57 in ARPA requisitions that had not moved through GSA at the time of questioning.

Senators also discussed FEMA reimbursement rules. Committee members were told FEMA typically reviews costs after local funds have been expended and that DOC would need to front the estimated $2,000,000 in typhoon-related repairs before seeking reimbursement. DOC staff said they had not set aside a funding source to cover those upfront costs and that recovery-office staffer Doris Kitchoo (on leave) was coordinating FEMA claims.

Several senators warned that using the $5,000,000 originally earmarked for the new facility for short-term repairs would undermine momentum for the new prison A&E and construction. Senator Blas moved to restore the full $5,000,000 at one point; that motion was amended on the floor and members ultimately approved the $1,000,000 amendment. After the amendment was agreed to, the sponsor moved the bill to third reading, and clerks reported no objection.

DOC officials committed to providing progress reports and expenditure updates if funds are released. Senators repeatedly urged DOC to document maintenance-of-effort and to coordinate with the governor’s office and federal partners to maximize FEMA reimbursements and other available funds.

Votes at a glance: the amendment reducing the appropriation from $5,000,000 to $1,000,000 carried by unanimous consent on the floor; the bill as amended was ordered to third reading.

The bill remains before the Legislature; senators asked DOC to return with timelines, scopes of work and regular expenditure reports if the appropriation is enacted and signed into law.