[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2734 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2734

   To implement the recommendations of the Inspector General of the 
     Department of the Interior regarding Indian Tribal detention 
                              facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2004

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
   To implement the recommendations of the Inspector General of the 
     Department of the Interior regarding Indian Tribal detention 
                              facilities.

    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 ``Indian Tribal Detention Facility 
Reform Act of 2004''.

SEC. 2. DEFINITIONS.

    Section 2 of the Indian Law Enforcement Reform Act (25 U.S.C. 2801) 
is amended to read as follows:

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Branch of criminal investigations.--The term `Branch 
        of Criminal Investigations' means the entity the Secretary is 
        required to establish within the Division of Law Enforcement 
        Services under section 3(d)(1).
            ``(2) Branch of detention services.--The term `Branch of 
        Detention Services' means the entity that the Secretary is 
        required to establish within the Division of Law Enforcement 
        Services under section 3(f)(1).
            ``(3) Bureau.--The term `Bureau' means the Bureau of Indian 
        Affairs of the Department of the Interior.
            ``(4) Complementary facility.--
                    ``(A) In general.--The term `complementary 
                facility' means a facility for the provision of 
                additional or necessary services to detainees as a 
                result of their being in custody.
                    ``(B) Inclusion.--The term `complementary facility' 
                includes a detoxification center, protective custody 
                cell, shelter care facility, community treatment 
                center, halfway house, or any similar facility.
            ``(5) Detainee.--The term `detainee' means an individual 
        who is held in a detention facility for any period of time.
            ``(6) Detention facility.--The term `detention facility' 
        means a facility for holding of individuals for correctional, 
        intergovernmental, or other custodial purposes that is--
                    ``(A) operated by the Bureau; or
                    ``(B) operated by an Indian tribe under the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.).
            ``(7) Division of law enforcement services.--The term 
        `Division of Law Enforcement Services' means the entity 
        established within the Bureau under section 3(b).
            ``(8) Employee of the bureau.--The term `employee of the 
        Bureau' includes an officer of the Bureau.
            ``(9) Enforcement of a law.--The term `enforcement of a 
        law' includes the prevention, detection, and investigation of 
        an offense and the detention or confinement of an offender.
            ``(10) Indian country.--The term `Indian country' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.
            ``(11) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 201 of Public Law 90-284 
        (commonly known as the `Civil Rights Act of 1968') (25 U.S.C. 
        1301).
            ``(12) Offense.--The term `offense' means an offense 
        against the United States, including a violation of a Federal 
        regulation relating to part or all of Indian country.
            ``(13) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(14) Serious incident.--
                    ``(A) In general.--The term `serious incident' 
                means an occurrence, event, activity, or other incident 
                that results in--
                            ``(i) a risk of harm or actual harm to an 
                        individual or the community; or
                            ``(ii) serious damage to property.
                    ``(B) Inclusion.--The term `serious incident' 
                includes all incidents relating to detainee deaths or 
                injuries, suicides, attempted suicides, escapes, and 
                officer safety issues.''.

SEC. 3. BRANCH OF DETENTION SERVICES.

    Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) 
is amended--
            (1) in subsection (d)(4), by striking ``Area'' each place 
        it appears and inserting ``Regional''; and
            (2) by adding at the end the following:
    ``(f) Branch of Detention Services.--
            ``(1) Establishment.--The Secretary shall establish within 
        the Division of Law Enforcement Services a separate Branch of 
        Detention Services.
            ``(2) Duties.--The Branch of Detention Services--
                    ``(A) except as prohibited by other Federal law, 
                shall be responsible for the detention, confinement, 
                and corrections of offenders within Indian country;
                    ``(B) shall not be primarily responsible for 
                routine law enforcement, criminal investigations, or 
                police operations in Indian country; and
                    ``(C) under an interagency agreement between the 
                Secretary and Attorney General and subject to such 
                guidelines as the appropriate agencies or officials of 
                the Department of Justice may adopt, may be responsible 
                for temporarily detaining individuals for the purpose 
                of Federal prosecution, immigration, or transportation, 
                or any other detention purpose.
            ``(3) Regulations.--The Secretary shall promulgate 
        regulations establishing a procedure for active cooperation and 
        consultation of the detention services employees of the Branch 
        of Detention Services assigned to an Indian reservation with 
        the governmental, law enforcement, and detention officials of 
        the Indian tribes located on the Indian reservation.
            ``(4) Personnel.--
                    ``(A) Supervision and direction.--Personnel of the 
                Branch of Detention Services--
                            ``(i) shall be subject only to the 
                        supervision and direction of the law 
                        enforcement personnel or personnel of the 
                        Branch of Detention Services or of the 
                        Division, as the Secretary considers 
                        appropriate; and
                            ``(ii) shall not be subject to the 
                        supervision of the Bureau Agency Superintendent 
                        or Bureau Regional Director.
                    ``(B) Effect of paragraph.--Nothing in this 
                paragraph--
                            ``(i) precludes cooperation, coordination, 
                        or consultation, as appropriate, with non-law 
                        enforcement Bureau personnel at the agency or 
                        regional level; or
                            ``(ii) restricts the right of an Indian 
                        tribe to contract a detention program under the 
                        authority of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 450 et 
                        seq.) or to maintain its own detention 
                        operations.
                    ``(C) Reestablishment of authority.--
                            ``(i) Request.--After the date that is 1 
                        year after the date of establishment of the 
                        Branch of Detention Services, any Indian tribe 
                        may, by resolution of the governing body of the 
                        Indian tribe, request the Secretary to 
                        reestablish authority over detention of members 
                        of the Indian tribe directly through the Agency 
                        Superintendent or Bureau Regional Office 
                        Director rather than through the Branch of 
                        Detention Services.
                            ``(ii) Approval.--In the absence of good 
                        cause to the contrary, the Secretary, on 
                        receipt of a resolution under clause (i), shall 
                        reestablish the authority as requested by the 
                        Indian tribe.''.

SEC. 4. FUNDING.

    Section 9 of the Indian Law Enforcement Reform Act (25 U.S.C. 2808) 
is amended--
            (1) by striking the section heading and all that follows 
        through ``Any expenses'' and inserting the following:

``SEC. 9. FUNDING.

    ``(a) In General.--Any expenses''; and
            (2) by adding at the end the following:
    ``(b) Availability.--Funds made available to carry out this Act 
shall remain available until expended.''.

SEC. 5. DETENTION REFORM AND REVIEW.

    The Indian Law Enforcement Reform Act is amended by inserting after 
section 10 (25 U.S.C. 2809) the following:

``SEC. 10A. DETENTION REFORM.

    ``(a) Findings.--Congress finds that--
            ``(1) there are 74 detention facilities in Indian country;
            ``(2) serious deficiencies in Indian country detention have 
        arisen, including--
                    ``(A) poor facility conditions;
                    ``(B) lack of staff training;
                    ``(C) understaffing; and
                    ``(D) lack of detention facility administration and 
                other operational standards, or failure to comply with 
                any such standards;
            ``(3) those deficiencies create a dangerous and potentially 
        life-threatening situation for detainees and detention 
        personnel;
            ``(4) the April 2004 interim report of the Inspector 
        General of the Department of the Interior found that deaths, 
        escapes, and assaults on correctional officers have occurred at 
        several detention facilities in Indian country as a result of 
        those deficiencies;
            ``(5) the Division of Law Enforcement Services has 
        responsibility for both law enforcement and detention services, 
        but no clear lines of authority for detention services;
            ``(6) existing Federal law does not provide clear lines of 
        authority or standards for detention services in Indian 
        country; and
            ``(7) clear authority and standards are needed to assist 
        detention and law enforcement officials in--
                    ``(A) meeting the principal goals of Indian country 
                law enforcement and detention;
                    ``(B) protecting life and property; and
                    ``(C) reducing crime and recidivism rates.
    ``(b) Reporting Protocols for Serious Incidents.--
            ``(1) In general.--Not later than 270 days after the date 
        of enactment of the Indian Tribal Detention Facility Reform Act 
        of 2004, the Bureau shall develop and implement protocols to 
        ensure that all serious incidents occurring at a detention 
        facility are reported promptly through an established chain of 
        command.
            ``(2) Reporting of escapes to law enforcement 
        authorities.--The protocols shall ensure that each incident 
        involving an escape of a detainee from a detention facility is 
        reported immediately to the appropriate Federal, State, tribal, 
        and local law enforcement authorities.
            ``(3) Preliminary inquiries into serious incidents.--
                    ``(A) In general.--The Division of Law Enforcement 
                Services shall conduct a preliminary inquiry of any 
                serious incident to determine whether a full 
                investigation is warranted.
                    ``(B) Findings.--All findings made in conducting 
                preliminary inquiries under subparagraph (A) shall be 
                reported to the Division of Law Enforcement Services 
and the Assistant Secretary of the Interior for Indian Affairs.
            ``(4) Detention facilities staffing review.--The Bureau 
        shall--
                    ``(A) not later than 90 days after the date of 
                enactment of the Indian Tribal Detention Facility 
                Reform Act of 2004, conduct a review of the staffing 
                needs at all detention facilities; and
                    ``(B) update that review annually.
    ``(c) Regulations.--Not later than 1 year after the date of 
enactment of the Indian Tribal Detention Facility Reform Act of 2004, 
the Secretary, after consultation with the Attorney General, shall 
promulgate regulations to carry out subsections (a) and (b).
    ``(d) Detention Facilities Review.--
            ``(1) In general.--
                    ``(A) Consultation.--Not later than 1 year after 
                the date of enactment of the Indian Tribal Detention 
                Facility Reform Act of 2004, in consultation with 
                Indian tribes to the extent practicable, the Bureau 
                shall complete an assessment of the physical conditions 
                and needs of all detention facilities.
                    ``(B) Report.--Not later than 15 months after the 
                date of enactment of the Indian Tribal Detention 
                Facility Reform Act of 2004, the Bureau shall--
                            ``(i) submit to the Committee on Indian 
                        Affairs and the Committee on Appropriations of 
                        the Senate and the Committee on Resources and 
                        the Committee on Appropriations of the House of 
                        Representatives a report that describes the 
                        results of the assessment under subparagraph 
                        (A); and
                            ``(ii) make the report available to Indian 
                        tribal governments.
            ``(2) Data and methodologies.--In preparing the report 
        under paragraph (1), the Bureau shall use--
                    ``(A) the existing Department of Justice Federal 
                Bureau of Prisons formula for determining the condition 
                and adequacy of Department of Justice detention 
                facilities, including operational standards;
                    ``(B) data relating to conditions at detention 
                facilities that have previously been compiled, 
                collected, or secured from any source derived, so long 
                as the data are accurate, relevant, timely, and 
                necessary to preparation of the report; and
                    ``(C) the methodologies of the American Institute 
                of Architects or other accredited and reputable 
                architecture or engineering associations responsible 
                for detention facility construction.
            ``(3) Contents.--The report shall include--
                    ``(A) a catalog of the condition of detention 
                facilities that--
                            ``(i) identifies the existing detention and 
                        complementary facilities and any detention and 
                        complementary facilities that do not exist but 
                        are needed, taking into consideration--
                                    ``(I) the size of a detention 
                                facility or complementary facility;
                                    ``(II) the number of detainees in a 
                                facility;
                                    ``(III) the age and condition of a 
                                facility;
                                    ``(IV) interjurisdictional 
                                detention needs;
                                    ``(V) staff needs; and
                                    ``(VI) prisoner isolation and 
                                transportation needs;
                            ``(ii) establishes a routine maintenance 
                        schedule for each facility;
                            ``(iii) identifies staffing and operational 
                        needs of existing and needed facilities; and
                            ``(iv) provides specific cost estimates 
                        needed to repair, renovate, lease or construct 
                        any new, existing or additional detention 
                        facilities or complementary facilities;
                    ``(B) a detailed plan to bring all detention 
                facilities and complementary facilities into compliance 
                with applicable standards that includes--
                            ``(i) detailed information on the status of 
                        each facility's compliance with the standards;
                            ``(ii) specific cost estimates for meeting 
                        the standards at each facility; and
                            ``(iii) specific timelines for bringing 
                        each facility into compliance with the 
                        standards;
                    ``(C) an assessment of the feasibility of 
                developing regional detention facilities, taking into 
                consideration the factors identified in subparagraph 
                (A)(i) and a comparison of costs and benefits of 
                regional facilities versus individual tribal 
                facilities; and
                    ``(D) an assessment of the feasibility of tribal 
                operation of the facilities identified under 
                subparagraphs (A)(i) and (C) under the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.), including--
                            ``(i) any cost savings that would result 
                        from tribal rather than Federal operation of 
                        the facilities; and
                            ``(ii) a comparison of costs and benefits 
                        arising from individual tribal operation versus 
                        contracting detention services with State or 
                        local facilities.
            ``(4) Effect of subsection.--Nothing in this subsection 
        requires termination of the operations of any facility that 
        fails to comply with standards described in subparagraph (B).
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $500,000, to 
        remain available until expended.''.
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