Guam § 90 - Prison Industries.

§ 90. Prison Industries.

(a) Prison Industries, Established. The Department of

Corrections is hereby authorized to establish such prison

industries as may be feasible to provide a means for inmates and

detainees to receive job training and skills development; to

provide opportunities for the earning of wages to be used to pay

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restitution to victims of crime, and payment of fines and court

costs; and to provide additional means for funding certain

recurring expenses of the Department. The Department shall

separate and designate each prison industry to be established as

occurring “within the secured perimeter” or occurring “outside the

secured perimeter.” This Act is not meant to replace the activities

authorized by Chapter 84 of Article 1, Title 9, Guam Code

Annotated, but shall be viewed as authorizing additional

activities. This Chapter shall not supersede, nor affect any

programs undertaken pursuant to Chapter 81 of this Title.

(b) Role of Corrections Advisory Council. The Corrections

Advisory Council shall advise the Department on the suitability

of any industry to be established, and may assist the Department

in other matters relative to the establishment, operation, and

maintenance of a chosen industry.

(c) Earnings Formula, established. Inmates shall be paid at

no less than local prevailing wage rates as determined by the

Director of Labor. Each inmate participating in a prison industry

shall have all wages earned subject to this Earnings Formula:

(1) Twenty-five percent (25%) to the Criminal Injuries

Compensation Fund.

(2) Twenty-five percent (25%) to payment of court-

ordered fines, fees, and restitution. When such court-ordered

fines, fees, and restitution have been satisfied, this percentage

shall be applied to the Inmate’s Account.

(3) Twenty-five percent (25%) to the Prison Industries

Revolving Fund.

(4) Twenty-five percent (25%) to the Inmate’s

Account. Each participating inmate may elect to provide up

to one hundred percent (100%) of the twenty-five percent

(25%) for child and spousal support.

(5) In the event that the participating inmate does not

owe any sum listed above, one hundred percent (100%) of

earned wages shall be placed in the Inmate’s Account.

(d) Eligibility to Participate. The Department shall

establish criteria for determining an inmate’s eligibility for

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participation in an established prison industry. All inmates shall

be eligible for participation in an established prison industry

consistent with eligibility requirements for other in-house prison

rehabilitation programs unless otherwise ordered by a Court.

(e) In-kind Contributions and/or Credit for Services

Allowed. The Department is authorized to enter into agreements

with other government of Guam entities to receive in-kind

contributions and/or a credit for services rendered in lieu of cash

payments.

(f) Authority to Bid Granted. Notwithstanding the

provisions of § 84.10(c) of Chapter 84, Article 1 of Title 9, Guam

Code Annotated, the Department may submit its bid for the

provision of services to a non-government entity, provided, that it

includes as a component of its bid the costs for housing, utilities,

food, supplies and any other item that would normally be

considered as part of the overhead costs.