Guam’s jail system is at a breaking point, with federal detainees being removed amid what officials openly called inhumane conditions—sparking warnings that without immediate action, the island could face federal court control once again.

It was during a recent oversight hearing that Public Safety Committee chair Senator Shawn Gumataotao had Department of Corrections in the hot seat to discuss an array of topics from repairs of DOC facilities to DOC facility master plan for a new prison and impact of facilities on Government of Guam-US Marshals Service agreement for the management of federal prisoners

Federal authorities have removed about 20 federal detainees from the Department of Corrections Hagåtña Detention Facility amid worsening jail conditions.  

The move has prompted renewed warnings from lawmakers and Attorney General Douglas Moylan, who say Guam now faces increased legal risk, lost revenue, and possible federal court intervention if conditions are not addressed immediately.

Lawmakers said detainees were relocated amid broken HVAC systems, overcrowding, and the use of dome tents, calling the conditions inhumane and dangerous for inmates and correctional officers.

DOC director Fred Bordallo, Jr. responding to Senator Sabrina Salas Matanane said, "I would say, yeah, they're inhumane. Theyre inhumane." When the senator asked about Mangilao, Bordallo responded, "Where our domes are? Yes, they are inhumane, too."

Senators warned that losing federal detainees reduces government revenue and could again expose Guam to federal court oversight, recalling past receiverships that stripped local control for up to two decades.

"Very concerned," said AG Moylan. "The Government of Guam has been dragged through the federal courts for receiverships in the past, I think one literally was 15 to 20 years, if not more than that, we are in danger of having, again, another function of the Government of Guam stripped from us because we cannot do our job. This is the danger in receivership."

Moylan told senators the federal government has stopped placing certain federal detainees at the Hagatna Detention Facility and is considering alternatives, including Saipan.

He said the move cuts into revenue but also exposes serious failures at the jail. "But when we can’t humanely house prisoners, they have to get them out, otherwise, we’re going to get swamped," he shared.

Moylan described the facility as a powder keg, recalling a visit where about 50 inmates were confined to one area with minimal security. He also warned that methamphetamine continues to circulate inside the jail, despite k9 searches.

Lawmakers asked whether Guam is already facing legal exposure. Moylan confirmed there is liability and warned that continued inaction could trigger federal court intervention. Moylan tied the deteriorating conditions directly to public safety, saying officers and the public are at risk.

Senator chris duenas challenged Corrections officials, saying the crisis is not due to a lack of resources, but a lack of action. Moylan said, "After 3 years of being in office, prosecutors,  investigators, paralegals and clerks are doing exactly what I promised in 2022 which was to be the toughest attorney general on criminals and on crime.  The statistics since we have taken over administration of the AG’s Office have continued to increase. Unfortunately, it’s also a response to the increasing crime on Guam, which is primarily driven by the meth epidemic that the governor can control, as well as the repeat criminals."

Moylan at the invite of Bordallo went with some of his staff to tour the Mangilao facility,  and was troubled by what he saw. "There's enough property to put a butler building up and my perspective is we need a short term vs. A long term solution," he said.

"My recommendation and it continues to this day, build a butler building - there is so much property, we literally walked the footprint of the Department of Corrections."

He says near Post 10 and 11, there is ample space, saying, "It takes 6 months, to put that together, you got the experts at DPW, we have the senators that are motivated for that. You can have a 2-story butler building."

Moylan cautioned that unless immediate action is taken, both inmates and correctional staff are at risk of sserious harm. He said, "The Department of Corrections is the end result of the criminal justice system, without a facility that can house these people in humane ways, we’re going to have a riot. There’s going to be people that are going to be hurt and killed up there if we don’t address this and address it quickly."