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

                                                       Calendar No. 859
106th CONGRESS
  2d 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, Mr. Leahy, Mr. Dodd, Mr. Grams, 
 Mr. Kerry, Mr. Bingaman, Mr. Jeffords, Mr. Feingold, and Mr. Daschle) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

           September 28 (legislative day September 22), 2000

                Reported by Mr. Hatch with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) escapes by violent prisoners during transport 
        by private prisoner transport companies have not been uncommon; 
        and</DELETED>
        <DELETED>    (4) oversight by the Attorney General is required 
        to address these problems.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. FEDERAL REGULATION OF PRISONER TRANSPORT 
              COMPANIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Standards and Requirements.--The regulations shall 
include, at a minimum--</DELETED>
        <DELETED>    (1) minimum standards for background checks and 
        preemployment drug testing for potential employees;</DELETED>
        <DELETED>    (2) minimum standards for factors that disqualify 
        employees or potential employees similar to standards required 
        of Federal correction officers;</DELETED>
        <DELETED>    (3) minimum standards for the length and type of 
        training that employees must undergo before they can perform 
        this service;</DELETED>
        <DELETED>    (4) restrictions on the number of hours that 
        employees can be on duty during a given time period;</DELETED>
        <DELETED>    (5) minimum standards for the number of personnel 
        that must supervise violent prisoners;</DELETED>
        <DELETED>    (6) minimum standards for employee uniforms and 
        identification, when appropriate;</DELETED>
        <DELETED>    (7) standards requiring that violent prisoners 
        wear brightly colored clothing clearly identifying them as 
        prisoners, when appropriate;</DELETED>
        <DELETED>    (8) minimum requirements for the restraints that 
        must be used when transporting violent prisoners, to include 
        leg shackles and double-locked handcuffs, when 
        appropriate;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (10) minimum standards for the markings on 
        conveyance vehicles, when appropriate;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (12) minimum standards for the safety of violent 
        prisoners; and</DELETED>
        <DELETED>    (13) any other requirement the Attorney General 
        deems to be necessary to prevent escape of violent prisoners 
        and ensure public safety.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. ENFORCEMENT.</DELETED>

<DELETED>    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).</DELETED>

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).




                                                       Calendar No. 859

106th CONGRESS

  2d Session

                                S. 1898

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

           September 28 (legislative day, September 22), 2000

                       Reported with an amendment