Operation of Inmate Commissary

COL11/30/2021 CH. 90 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.