[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1898 Referred in House (RFH)]
106th CONGRESS
2d Session
S. 1898
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 26, 2000
Referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
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 2000'' or ``Jeanna's Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(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) The transport process 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 occurred.
(4) Oversight by the Attorney General is required to
address these problems.
(5) While most governmental entities may prefer to use, and
will continue to use, fully trained and sworn law enforcement
officers when transporting violent prisoners, fiscal or
logistical concerns may make the use of highly specialized
private prisoner transport companies an option. Nothing in this
Act should be construed to mean that governmental entities
should contract with private prisoner transport companies to
move violent prisoners; however when a government entity opts
to use a private prisoner transport company to move violent
prisoners, then the company should be subject to regulation in
order to enhance public safety.
SEC. 3. DEFINITIONS.
In this Act:
(1) Crime of violence.--The term ``crime of violence'' has
the same meaning as in section 924(c)(3) of title 18, United
States Code.
(2) Private prisoner transport company.--The term ``private
prisoner transport company'' means any entity, other than the
United States, a State, or an inferior political subdivision of
a State, which engages in the business of the transporting for
compensation, individuals committed to the custody of any State
or of an inferior political subdivision of a State, or any
attempt thereof.
(3) Violent prisoner.--The term ``violent prisoner'' means
any individual in the custody of a State or an inferior
political subdivision of a State who has previously been
convicted of or is currently charged with a crime of violence
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, in consultation with the
American Correctional Association and the private prisoner transport
industry, shall promulgate regulations relating to the transportation
of violent prisoners in or affecting interstate commerce.
(b) Standards and Requirements.--The regulations shall include the
following:
(1) Minimum standards for background checks and
preemployment drug testing for potential employees, including
requiring criminal background checks, to disqualify persons
with a felony conviction or domestic violence conviction as
defined by section 921 of title 18, United States Code, for
eligibility for employment. Preemployment drug testing will be
in accordance with applicable State laws.
(2) Minimum standards for the length and type of training
that employees must undergo before they can transport prisoners
not to exceed 100 hours of preservice training focusing on the
transportation of prisoners. Training shall be in the areas of
use of restraints, searches, use of force, including use of
appropriate weapons and firearms, CPR, map reading, and
defensive driving.
(3) Restrictions on the number of hours that employees can
be on duty during a given time period. Such restriction shall
not be more stringent than current applicable rules and
regulations concerning hours of service promulgated under the
Federal Motor Vehicle Safety Act.
(4) Minimum standards for the number of personnel that must
supervise violent prisoners. Such standards shall provide the
transport entity with appropriate discretion, and, absent more
restrictive requirements contracted for by the procuring
government entity, shall not exceed a requirement of 1 agent
for every 6 violent prisoners.
(5) Minimum standards for employee uniforms and
identification that require wearing of a uniform with a badge
or insignia identifying the employee as a transportation
officer.
(6) Standards establishing categories of violent prisoners
required to wear brightly colored clothing clearly identifying
them as prisoners, when appropriate.
(7) Minimum requirements for the restraints that must be
used when transporting violent prisoners, to include leg
shackles and double-locked handcuffs, when appropriate.
(8) 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.
(9) 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.
(10) Minimum standards for the safety of violent prisoners
in accordance with applicable Federal and State law.
(c) Federal Standards.--Except for the requirements of subsection
(b)(6), the regulations promulgated under this Act shall not provide
stricter standards with respect to private prisoner transport companies
than are applicable, without exception, to the United States Marshals
Service, Federal Bureau of Prisons, and the Immigration and
Naturalization Service when transporting violent prisoners under
comparable circumstances.
SEC. 5. ENFORCEMENT.
(a) Penalty.--Any person who is found in violation of the
regulations established by this Act shall--
(1) 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;
and
(2) 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).
Passed the Senate October 25 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary.