110 HR 304 IH: To establish guidelines and incentives for States to U.S. House of Representatives 2007-01-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 304 IN THE HOUSE OF REPRESENTATIVES January 5, 2007 Mr. Pearce (for himself, Mr. Burton of Indiana, Mr. Sessions, and Mr. Doolittle) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish guidelines and incentives for States to establish criminal drug dealer registries and to require the Attorney General to establish a national criminal drug dealer registry and notification program, and for other purposes.
1.
Short title
This Act may be cited as the Communities Leading Everyone Away From Narcotics Through Online Warning Notification Act of 2007, or the CLEAN TOWN Act of 2007.
2.
Drug dealer registration and notification program
(a)
Registry requirements for jurisdictions
(1)
Jurisdiction to maintain a registry
Each jurisdiction shall establish and maintain a jurisdiction-wide criminal drug dealer registry conforming to the requirements of this section. (2)
Guidelines and regulations
The Attorney General shall issue guidelines and regulations to interpret and implement this section. (b)
Registry requirements for criminal drug dealers
(1)
In general
A criminal drug dealer shall register, and shall keep the registration current, in each jurisdiction where the dealer resides, where the dealer is an employee, and where the dealer is a student. For initial registration purposes only, a criminal drug dealer shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence. (2)
Initial Registration
The criminal drug dealer shall initially register— (A)before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirement; or (B)not later than three business days after being sentenced for that offense, if the criminal drug dealer is not sentenced to a term of imprisonment. (3)
Keeping the registration current
A criminal drug dealer shall, not later than three business days after each change of name, residence, employment, or student status, appear in person in at least one jurisdiction involved pursuant to paragraph (1) and inform that jurisdiction of all changes in the information required for that dealer in the criminal drug dealer registry. That jurisdiction shall immediately provide the revised information to all other jurisdictions in which the dealer is required to register. (4)
Initial registration of criminal drug dealers unable to comply with paragraph (2)
The Attorney General shall have the authority to specify the applicability of the requirements of this section to criminal drug dealers convicted before the date of the enactment of this Act or its implementation in a particular jurisdiction, and to prescribe rules for the registration of any such criminal drug dealers and other categories of criminal drug offenders who are unable to comply with paragraph (2). (5)
State penalty for failure to comply
Each jurisdiction, other than a Federally recognized Indian tribe, shall provide a criminal penalty that includes a maximum term of imprisonment that is greater than one year for the failure of a criminal drug dealer to comply with the requirements of this section. (6)
Limited authority to exempt certain drug dealers from registry requirements
A jurisdiction shall have the authority to exempt a criminal drug dealer who has been convicted of a criminal drug dealing offense for the first time from the registration requirements under this section in exchange for such dealer’s substantial assistance in the investigation or prosecution of another person who has committed an offense. The jurisdiction shall revoke any such exemption and order the dealer to comply with the registration requirements of this section immediately upon cessation of active cooperation with the jurisdiction relating to such investigation or prosecution. The Attorney General shall assure that any regulations promulgated under this section include guidelines that reflect the general appropriateness of exempting such a dealer from the registration requirements under this section. (c)
Information required in registration
(1)
Provided by the dealer
A criminal drug dealer shall provide the following information to the appropriate official for inclusion in the criminal drug dealer registry of a jurisdiction in which such dealer is required to register: (A)The name of the dealer (including any alias used by the dealer). (B)The Social Security number of the dealer. (C)The address of each residence at which the dealer resides or will reside. (D)The name and address of any place where the dealer is an employee or will be an employee. (E)The name and address of any place where the dealer is a student or will be a student. (F)The license plate number and a description of any vehicle owned or operated by the dealer. (G)Any other information required by the Attorney General. (2)
Provided by the Jurisdiction
The jurisdiction in which a criminal drug dealer registers shall ensure that the following information is included in the registry for such dealer: (A)A physical description of the dealer. (B)The text of the provision of law defining the criminal offense for which the dealer is registered. (C)The criminal history of the dealer, including the date of all arrests and convictions; the status of parole, probation, or supervised release; registration status; and the existence of any outstanding arrest warrants for the dealer. (D)A current photograph of the dealer. (E)A set of fingerprints and palm prints of the dealer. (F)A photocopy of a valid driver's license or identification card issued to the dealer by a jurisdiction. (G)Any other information required by the Attorney General. (d)
Duration of registration requirement
A criminal drug dealer shall keep the registration information provided under subsection (c) current for the full registration period (excluding any time the dealer is in custody or civilly committed). For purposes of this subsection, the full registration period— (1)shall commence on the later of the date on which the dealer is convicted of a criminal drug dealing offense, the date on which the dealer is released from prison for such conviction, or the date on which such dealer is placed on parole, supervised release, or probation for such conviction; and (2)shall be— (A)five years for a dealer who has been convicted of a criminal drug dealing offense for the first time; (B)ten years for a dealer who has been convicted of a criminal drug dealing offense for the second time; and (C)for the life of the dealer for a dealer who has been convicted of a criminal drug dealing offense more than twice. (e)
Annual verification
Not less than once in each calendar year during the full registration period, a criminal drug dealer required to register under this section shall— (1)appear in person at not less than one jurisdiction in which such dealer is required to register; (2)allow such jurisdiction to take a current photograph of the dealer; and (3)while present at such jurisdiction, verify the information in each registry in which that dealer is required to be registered. (f)
Duty To notify criminal drug dealers of registration requirements and To register
(1)
In general
An appropriate official shall, shortly before release of a criminal drug dealer from custody, or, if the dealer is not in custody, immediately after the sentencing of the dealer for the offense giving rise to the duty to register— (A)inform the dealer of the duties of the dealer under this section and explain those duties; (B)require the dealer to read and sign a form stating that the duty to register has been explained and that the dealer understands the registration requirement; and (C)ensure that the dealer is registered. (2)
Notification of criminal drug dealers who cannot comply with paragraph (1)
The Attorney General shall prescribe rules for the notification of criminal drug dealers who cannot be notified and registered in accordance with paragraph (1). (g)
Public access to criminal drug dealer information through the Internet
(1)
In general
Except as provided in this subsection, each jurisdiction shall make available on the Internet, in a manner that is readily accessible to all jurisdictions and to the public, all information about each criminal drug dealer in the registry. The jurisdiction shall maintain the Internet site in a manner that will permit the public to obtain relevant information for each such dealer by a single query for any given zip code or geographic radius set by the user. The jurisdiction shall also include in the design of its Internet site all field search capabilities needed for full participation in the National criminal drug dealer public Internet site established under subsection (i) and shall participate in that website as provided by the Attorney General. (2)
Mandatory exemptions
A jurisdiction shall exempt from public disclosure, with respect to information about a criminal drug dealer— (A)the identity of any victim of an offense; (B)the Social Security number of the criminal drug dealer; (C)any reference to arrests of the criminal drug dealer that did not result in conviction; and (D)any other information exempted from public disclosure by the Attorney General. (3)
Optional exemptions
A jurisdiction may exempt from public disclosure, with respect to information about a criminal drug dealer— (A)any information about the dealer involving conviction for an offense other than the offense or offenses for which the dealer is registered; (B)the name of an employer of the dealer; (C)the name of an educational institution where the dealer is a student; (D)any information about the dealer if the dealer is participating in a witness protection program and the release of such information could jeopardize the safety of the dealer or any other individual; and (E)any other information identified as an optional exemption from public disclosure by the Attorney General. (4)
Links
An Internet site established by a jurisdiction pursuant to paragraph (1) shall include, to the extent practicable, links to substance abuse education resources. (5)
Correction of errors
An Internet site established by a jurisdiction pursuant to paragraph (1) shall include instructions on how to seek correction of information that an individual contends is erroneous. (6)
Warning
An Internet site established by a jurisdiction pursuant to paragraph (1) shall include a warning that information on the site should not be used to unlawfully injure, harass, or commit a crime against any individual named in the registry or residing or working at any reported address. The warning shall note that any such action could result in civil or criminal penalties. (h)
National criminal drug dealer registry
(1)
In general
The Attorney General shall maintain a national database at the Federal Bureau of Investigation for each criminal drug dealer and any other person required to register in a jurisdiction's criminal drug dealer registry under subsection (a). The database shall be known as the National Criminal Drug Dealer Registry. (2)
Electronic Forwarding
The Attorney General shall ensure (through the National Criminal Drug Dealer Registry or otherwise) that updated information about a criminal drug dealer is immediately transmitted by electronic forwarding to all relevant jurisdictions. (i)
National criminal drug dealer public Internet site
The Attorney General shall establish and maintain a national criminal drug dealer public Internet site. The Internet site shall include relevant information for each criminal drug dealer and other person listed on a jurisdiction's Internet site under subsection (g). The Internet site shall allow the public to obtain relevant information for each such offender by a single query for any given zip code or geographical radius set by the user in a form and with such limitations as may be established by the Attorney General and shall have such other field search capabilities as the Attorney General may provide. (j)
Notification procedures
Under a criminal drug dealer registration program established by a jurisdiction pursuant to subsection (a), immediately after a criminal drug dealer registers or updates a registration, an appropriate official in the jurisdiction shall provide the information in the registry (other than information exempted from disclosure by the Attorney General) about that offender to the following: (1)The Attorney General, who shall include that information in the National Criminal Drug Dealer Registry or other appropriate databases. (2)Appropriate law enforcement agencies (including probation agencies, if appropriate), and each school and public housing agency, in each area in which the offender resides, is an employee, or is a student. (3)Each jurisdiction where the offender resides, is an employee, or is a student, and each jurisdiction from or to which a change of residence, employment, or student status occurs. (4)Any organization, company, or individual who requests such notification pursuant to procedures established by the jurisdiction. (k)
Actions To be taken when criminal drug dealer fails To comply
Under a criminal drug dealer registration program established by a jurisdiction pursuant to subsection (a), an appropriate official of the jurisdiction shall notify the Attorney General and appropriate law enforcement agencies of any failure by a criminal drug dealer to comply with the requirements of the criminal drug dealer registry for such jurisdiction, and shall revise the registry to reflect the nature of such failure. The appropriate official, the Attorney General, and each such law enforcement agency shall take any appropriate action to ensure compliance. (l)
Development and availability of registry management and website software
(1)
Duty to develop and support
The Attorney General shall, in consultation with the jurisdictions, develop and support software to enable jurisdictions to establish and operate uniform criminal drug dealer registries and Internet sites. (2)
Criteria
The software described in paragraph (1) should facilitate— (A)immediate exchange of information among jurisdictions; (B)public access over the Internet to appropriate information, including the number of registered criminal drug dealers in each jurisdiction on a current basis; (C)full compliance with the requirements of this section; and (D)communication of information as required under subsection (j). (3)
Deadline
The Attorney General shall make the first complete edition of this software available to jurisdictions not later than two years after the date of the enactment of this Act. (m)
Period for implementation by jurisdictions
(1)
Deadline
To be in compliance with this section, a jurisdiction shall implement this section before the later of— (A)three years after the date of the enactment of this Act; or (B)one year after the date on which the software described in subsection (l) is made available to such jurisdiction. (2)
Extensions
The Attorney General may authorize not more than two one-year extensions of the deadline under paragraph (1). (n)
Failure of jurisdiction To comply
(1)
In general
For any fiscal year after the deadline described in subsection (m), a jurisdiction that fails, as determined by the Attorney General, to substantially implement this section shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (2)
State Constitutionality
(A)
In general
When evaluating whether a jurisdiction has substantially implemented this section, the Attorney General shall consider whether the jurisdiction is unable to substantially implement this section because of a demonstrated inability to implement certain provisions that would place the jurisdiction in violation of its constitution, as determined by a ruling of the jurisdiction's highest court. (B)
Efforts
If the circumstances arise under subparagraph (A), then the Attorney General and the jurisdiction involved shall make good faith efforts to accomplish substantial implementation of this section and to reconcile any conflicts between this section and the jurisdiction's constitution. In considering whether compliance with the requirements of this section would likely violate the jurisdiction's constitution or an interpretation thereof by the jurisdiction's highest court, the Attorney General shall consult with the chief executive and chief legal officer of the jurisdiction concerning the jurisdiction's interpretation of the jurisdiction's constitution and rulings thereon by the jurisdiction's highest court. (C)
Alternative procedures
If a jurisdiction is unable to substantially implement this section because of a limitation imposed by the jurisdiction's constitution, the Attorney General may determine that the jurisdiction is in compliance with this section if the jurisdiction has made, or is in the process of implementing, reasonable alternative procedures or accommodations, which are consistent with the purposes of this section. (D)
Funding reduction
If a jurisdiction determined to be in compliance under subparagraph (C) does not comply with the alternative procedures or accommodations described in such subparagraph, then the jurisdiction shall be subject to a funding reduction as specified in paragraph (1). (3)
Reallocation
Amounts not allocated under a program referred to in this subsection to a jurisdiction for failure to substantially implement this section shall be reallocated under that program to jurisdictions that have not failed to substantially implement this section or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this section. (4)
Rule of construction
The provisions of this section that are cast as directions to jurisdictions or their officials constitute, in relation to States, only conditions required to avoid the reduction of Federal funding under this subsection. (o)
Election by Indian tribes
(1)
Election
(A)
In general
A Federally recognized Indian tribe may, by resolution or other enactment of the tribal council or comparable governmental body— (i)elect to carry out this section as a jurisdiction subject to its provisions; or (ii)elect to delegate its functions under this section to another jurisdiction or jurisdictions within which the territory of the tribe is located and to provide access to its territory and such other cooperation and assistance as may be needed to enable such other jurisdiction or jurisdictions to carry out and enforce the requirements of this section. (B)
Imputed election in certain cases
A tribe shall be treated as if it had made the election described in subparagraph (A)(ii) if— (i)it is a tribe subject to the law enforcement jurisdiction of a State under section 1162 of title 18, United States Code; (ii)the tribe does not make an election under subparagraph (A) within one year of the date of the enactment of this Act or rescinds an election under subparagraph (A)(i); or (iii)the Attorney General determines that the tribe has not substantially implemented the requirements of this section and is not likely to become capable of doing so within a reasonable amount of time. (2)
Cooperation between tribal authorities and other jurisdictions
(A)
Nonduplication
A tribe subject to this section is not required to duplicate functions under this section which are fully carried out by another jurisdiction or jurisdictions within which the territory of the tribe is located. (B)
Cooperative agreements
A tribe may, through cooperative agreements with such a jurisdiction or jurisdictions— (i)arrange for the tribe to carry out any function of such a jurisdiction under this section with respect to criminal drug dealers subject to the tribe's jurisdiction; and (ii)arrange for such a jurisdiction to carry out any function of the tribe under this section with respect to criminal drug dealers subject to the tribe's jurisdiction. (p)
Immunity for good faith conduct
The Federal Government, jurisdictions, political subdivisions of jurisdictions, and their agencies, officers, employees, and agents shall be immune from liability for good faith conduct under this section.
3.
Criminal Drug Dealer Management Assistance Program
(a)
In general
The Attorney General shall establish and implement a Criminal Drug Dealer Management Assistance program (in this section referred to as the CDDMA program), under which the Attorney General may award a grant to a jurisdiction to offset the costs of implementing section 2. (b)
Application
The chief executive of a jurisdiction desiring a grant under this section shall, on an annual basis, submit to the Attorney General an application in such form and containing such information as the Attorney General may require. (c)
Bonus payments for prompt compliance
A jurisdiction that, as determined by the Attorney General, has substantially implemented section 2 not later than two years after the date of the enactment of this Act is eligible for a bonus payment. The Attorney General may make such a payment under the CDDMA program for the first fiscal year beginning after that determination. The amount of the bonus payment shall be— (1)10 percent of the total received by the jurisdiction under the CDDMA program for the preceding fiscal year, if that implementation is not later than one year after the date of enactment of this Act; and (2)5 percent of such total, if such implementation is not later than two years after such date of enactment. (d)
Authorization of Appropriations
In addition to any amounts otherwise authorized to be appropriated, there are authorized to be appropriated to the Attorney General, to be available only for the CDDMA program, such sums as may be necessary for each of the fiscal years 2008 through 2013.
4.
Definitions
For the purposes of this Act: (1)
Criminal drug dealer
The term criminal drug dealer means an individual who is convicted of any criminal offense for manufacturing, distributing, dispensing, or possessing with the intent to manufacture, distribute, or dispense, a controlled substance (as such term is defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). (2)
Criminal drug dealer registry
The term criminal drug dealer registry means a registry of criminal drug dealers, and a notification program, maintained by a jurisdiction. (3)
Criminal offense
The term criminal offense means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. 951 note)) or other criminal offense. (4)
Employee
The term employee includes an individual who is self-employed or works for any other entity, whether compensated or not. (5)
Jurisdiction
The term jurisdiction means any of the following:— (A)A State. (B)The District of Columbia. (C)The Commonwealth of Puerto Rico. (D)Guam. (E)American Samoa. (F)The Northern Mariana Islands. (G)The United States Virgin Islands. (H)To the extent provided and subject to the requirements of section 2(o), a Federally recognized Indian tribe. (6)
Resides
The term resides means, with respect to an individual, the location of the individual's home or other place where the individual habitually lives. (7)
Student
The term student means an individual who enrolls in or attends an educational institution (whether public or private), including a secondary school, trade or professional school, and institution of higher education.