Guam § 90 - Operation of Inmate Commissary.

§ 90. Operation of Inmate Commissary.

COL11/30/2021

9 GCA CRIMES & CORRECTIONS

(a) The Director of DOC may operate, or contract with

another person or entity to operate, a commissary for the use of

the inmates confined at DOC.

(b) In accordance with 5 GCA Chapter 5 (Guam

Procurement Law), the Department of Corrections is authorized

to enter into a contract for the lease of up to three hundred (300)

square feet of its property for an inmate commissary. Procurement

of said contract shall be done by a DOC staff member who is

qualified under 5 GCA § 5141.

(c) Funds directed as a result of revenue received from the

contract under Subsection (b) of this Section shall be subject to an

annual audit by the Office of Public Accountability.

(d) When entering into a contract under Subsection (a) of

this Section, the Director or the Director’s designee shall consider

the following:

(1) whether the contract should provide for a fixed rate

of return combined with a sales growth incentive;

(2) the menu items offered by the provider and the

price of those items;

(3) the value, as measured by a best value standard,

and benefits to inmates and the commissary, as offered by the

provider;

(4) safety and security procedures to be performed by

the provider; and

(5) the performance record of the provider, including

service availability, reliability, and efficiency.

(e) The Department of Corrections shall establish policy

and procedures for the administration of this Section. Such policy

and procedures shall be transmitted to I Liheslaturan Guåhan

prior to operation of the inmate commissary.

(f) The Department of Corrections shall establish rules and

regulations for the administration of this Section prior to operation

of the inmate commissary.