The construction in progress on the site acquired in Mangilao by the government for the new facility of the Guam Penitentiary has brought to light the fact that surrounding residents’ homes are located too close to the perimeter of the new facility. Not only has the construction caused considerable air pollution and wastewater buildup on area residents’ property, but even after construction is completed it is noted that an access road to the new penitentiary will be within six (6) feet from some residents, and the fencing perimeter will be within twelve (12) to twenty (20) feet from some residents. This excessive proximity of residents’ homes to the perimeter of the new facility calls into question the ability of the Department of Corrections to provide adequately for the health and safety of the future inmates as well as the health and safety of the surrounding residents. The Penitentiary site has also been characterized as small by the Final Penitentiary Feasibility Plan, limiting space needed for rehabilitation purposes. Noting that the federal prison system is authorized by law to acquire additional land surrounding federal prisons essential to the protection of the health or safety of the inmates, it is the intent of this law to create a protective zone surrounding the perimeter of the new penitentiary site and provide land and buildings which may be used for rehabilitation purposes.

SOURCE: GC § 13650 enacted by P.L. 17-54:1.