[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).
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