[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1898 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1898

To provide protection against the risks to the public that are inherent 
         in the interstate transportation of violent prisoners.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1999

 Mr. Dorgan (for himself, Mr. Ashcroft, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide protection against the risks to the public that are inherent 
         in the interstate transportation of violent prisoners.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Transportation of 
Dangerous Criminals Act of 1999'' or ``Jeanna's Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) increasingly, States are turning to private prisoner 
        transport companies as an alternative to their own personnel or 
        the United States Marshals Service when transporting violent 
        prisoners;
            (2) often times, these trips can last for days if not 
        weeks, as violent prisoners are dropped off and picked up at a 
        network of hubs across the country;
            (3) escapes by violent prisoners during transport by 
        private prisoner transport companies have not been uncommon; 
        and
            (4) oversight by the Attorney General is required to 
        address these problems.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Crime of violence.--The term ``crime of violence'' has 
        the same meaning as provided in section 924(c)(3) of title 18, 
        United States Code.
            (2) Drug trafficking crime.--The term ``drug trafficking 
        crime'' has the same meaning as provided in section 924(c)(2) 
        of title 18, United States Code.
            (3) Private prisoner transport company.--The term ``private 
        prisoner transport company'' means any entity other than the 
        United States, a State or the inferior political subdivisions 
        of a State which engages in the business of the transporting 
        for compensation, individuals committed to the custody of any 
        State or of the inferior political subdivisions of a State, or 
        any attempt thereof.
            (4) Violent prisoner.--The term ``violent prisoner'' means 
        any individual in the custody of a State or the inferior 
        political subdivisions of a State who has previously been 
        convicted of or is currently charged with a crime of violence, 
        a drug trafficking crime, or a violation of the Gun Control Act 
        of 1968, or any similar statute of a State or the inferior 
        political subdivisions of a State, or any attempt thereof.

SEC. 4. FEDERAL REGULATION OF PRISONER TRANSPORT COMPANIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations relating to the transportation of violent prisoners in or 
affecting interstate commerce.
    (b) Standards and Requirements.--The regulations shall include, at 
a minimum--
            (1) minimum standards for background checks and 
        preemployment drug testing for potential employees;
            (2) minimum standards for factors that disqualify employees 
        or potential employees similar to standards required of Federal 
        correction officers;
            (3) minimum standards for the length and type of training 
        that employees must undergo before they can perform this 
        service;
            (4) restrictions on the number of hours that employees can 
        be on duty during a given time period;
            (5) minimum standards for the number of personnel that must 
        supervise violent prisoners;
            (6) minimum standards for employee uniforms and 
        identification, when appropriate;
            (7) standards requiring that violent prisoners wear 
        brightly colored clothing clearly identifying them as 
        prisoners, when appropriate;
            (8) minimum requirements for the restraints that must be 
        used when transporting violent prisoners, to include leg 
        shackles and double-locked handcuffs, when appropriate;
            (9) a requirement that when transporting violent prisoners, 
        private prisoner transport companies notify local law 
        enforcement officials 24 hours in advance of any scheduled 
        stops in their jurisdiction and that if unscheduled stops are 
        made, local law enforcement should be notified in a timely 
        manner, when appropriate;
            (10) minimum standards for the markings on conveyance 
        vehicles, when appropriate;
            (11) a requirement that in the event of an escape by a 
        violent prisoner, private prisoner transport company officials 
        shall immediately notify appropriate law enforcement officials 
        in the jurisdiction where the escape occurs, and the 
        governmental entity that contracted with the private prisoner 
        transport company for the transport of the escaped violent 
        prisoner;
            (12) minimum standards for the safety of violent prisoners; 
        and
            (13) any other requirement the Attorney General deems to be 
        necessary to prevent escape of violent prisoners and ensure 
        public safety.
    (c) Federal Standards.--Except for the requirements of subsection 
(b)(7), the regulations promulgated under this Act shall not provide 
stricter standards with respect to private prisoner transport companies 
than are applicable to Federal prisoner transport entities.

SEC. 5. ENFORCEMENT.

    Any person who is found in violation of the regulations established 
by this Act shall be liable to the United States for a civil penalty in 
an amount not to exceed $10,000 for each violation and, in addition, to 
the United States for the costs of prosecution. In addition, such 
person shall make restitution to any entity of the United States, of a 
State, or of an inferior political subdivision of a State, which 
expends funds for the purpose of apprehending any violent prisoner who 
escapes from a prisoner transport company as the result, in whole or in 
part, of a violation of regulations promulgated pursuant to section 
4(a).
                                 <all>