II 111th CONGRESS 2d Session S. 3120 IN THE SENATE OF THE UNITED STATES March 16, 2010 Mr. Specter (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To encourage the entry of felony warrants into the National Crime Information Center database by States and provide additional resources for extradition.

1.

Short title

This Act may be cited as the Fugitive Information Networked Database Act of 2010 or the FIND Act.

2.

Findings

Congress finds the following: (1)Nationwide, there are an estimated 2,700,000 active Federal, State, and local warrants for the arrest of persons charged with felony crimes. (2)State and local law enforcement authorities have insufficient resources to devote to searching for and apprehending fugitives. As a result, large numbers of fugitives evade arrest. State and local law enforcement authorities also lack resources for extraditing fugitives who have been arrested in other States. As a result, such fugitives frequently are released without prosecution. (3)Increasing the resources available for conducting fugitive investigations and transporting fugitives between States would increase the number of fugitives who are arrested and prosecuted. (4)The United States Marshals Service (referred to in this Act as the USMS) plays an integral role in the apprehension of fugitives in the United States, and has a long history of providing assistance and expertise to Federal, State, and local law enforcement agencies in support of fugitive investigations, including through 82 District Task Forces, and through the 7 Regional Fugitive Task Force Programs that have partnered with Federal, State and local law enforcement agencies to locate and apprehend fugitives. (5)The USMS utilizes the Justice Prisoner and Alien Transportation Service (referred to in this Act as the JPATS) to transport Federal detainees and prisoners. It also makes JPATS available to State and local law enforcement agencies on a reimbursable, space-available basis for the purpose of transporting a fugitive from the place where the fugitive was arrested to the jurisdiction that issued the warrant for the arrest of the fugitive. Through JPATS, these agencies are able to reduce the cost of extradition significantly. (6)Expanding the availability of JPATS to State and local law enforcement agencies would lower the cost of transporting fugitives for extradition and lead to the prosecution of a greater number of fugitives. (7)Since 1967, the Federal Bureau of Investigation has operated the National Crime Information Center, which administers a nationwide database containing criminal history information from the Federal Government and the States, including outstanding arrest warrants. The National Crime Information Center database allows a law enforcement officer who stops a person in 1 State to obtain information about a warrant for that person issued in another State. It contains approximately 1,700,000 felony and misdemeanor warrants. It is missing nearly half of the 2,800,000 to 3,200,000 of the felony warrants issued across the Nation, including warrants for hundreds of thousands of violent crimes. (8)The failure of a State to enter a warrant into the National Crime Information Center database enables a fugitive to escape arrest even when the fugitive is stopped by a law enforcement officer in another State, because the officer is not aware there was a warrant issued for the fugitive. Many of such fugitives go on to commit additional crimes. In addition, such fugitives pose a danger to law enforcement officers who encounter them without knowledge of the pending charges against the fugitives or their record of fleeing law enforcement authorities. (9)All warrants entered into the National Crime Information Center database must be validated on a regular basis to ensure that the information in the warrant is still accurate and that the warrant is still active. (10)Improving the entry and validation of warrants in the National Crime Information Center database would enable law enforcement officers to identify and arrest a larger number of fugitives, improve the safety of these officers, and better protect communities from crime. (11)Federal funds for State and local law enforcement are most effective when they do not supplant, but rather supplement State and local funds.

3.

Definitions

In this Act: (1)

Active warrant

The term active warrant means a warrant that has not been cleared. A warrant may be cleared by arrest or by the determination of a law enforcement agency that a warrant has already been executed or that the subject is deceased. (2)

Felony warrant

The term felony warrant means any warrant for a crime that is punishable by a term of imprisonment exceeding 1 year. (3)

Indian country

The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (4)

Indian tribe

The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (5)

National Crime Information Center database

The term National Crime Information Center database means the computerized index of criminal justice information operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and available to Federal, State, and local law enforcement and other criminal justice agencies. (6)

State

The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (7)

Unit of local government

The term unit of local government— (A)means— (i)any city, county, township, borough, parish, village, or other general purpose political subdivision of a State; or (ii)any law enforcement district or judicial enforcement district that is established under applicable State law and has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; (B)includes law enforcement agencies, courts, and any other government agencies involved in the issuance of warrants; and (C)in the case of Indian tribes, includes tribal law enforcement agencies, tribal courts and any other tribal agencies involved in the issuance of warrants.

4.

Grants to encourage States to enter felony warrants

(a)

Authorization of grants

(1)

In general

The Attorney General shall make grants to States or Indian tribes in a manner consistent with the National Criminal History Improvement Program, which shall be used by States or Indian tribes, in conjunction with units of local government, to— (A)(i)develop and implement secure, electronic State, local or tribal warrant management systems that permit the prompt preparation, submission, and validation of warrants and are compatible and interoperable with the National Crime Information Center database to facilitate information sharing and to ensure that felony warrants entered into warrant databases by State, local and tribal government agencies can be automatically entered into the National Crime Information Center database; or (ii)upgrade existing State, local or tribal electronic warrant management systems to ensure compatibility and interoperability with the National Crime Information Center database to facilitate information sharing and to ensure that felony warrants entered into warrant databases by State, local and tribal government agencies can be automatically entered into the National Crime Information Center database; and (B)ensure that all State, local, and tribal government agencies that need access to the National Crime Information Center database for criminal justice purposes can access the database. (2)

Duration

A grant awarded under this section shall be— (A)for a period of 1 year; and (B)renewable at the discretion of the Attorney General if the State seeking renewal submits an application to the Attorney General that demonstrates compliance with subsection (b)(2). (3)

Hiring of personnel

Not more than 5 percent of the grant funds awarded under this section to each State and Indian tribe may also be used to hire additional personnel, as needed, to validate warrants entered into the National Crime Information Center database. (4)

Set-aside

Not more than 5 percent of the total funds available to be awarded under this section may be reserved for Indian tribes. (b)

Eligibility

(1)

In general

In order to be eligible for a grant authorized under subsection (a), a State or Indian tribe shall submit to the Attorney General— (A)a plan to develop and implement, or upgrade, systems described in subsection (a)(1); (B)a report that— (i)details the number of active felony warrants issued by the State or Indian tribe, including felony warrants issued by units of local government within the State or Indian tribe; (ii)describes the number and type of active felony warrants that have not been entered into a State, local, or tribal warrant database or into the National Crime Information Center database; (iii)explains the reasons State, local, and tribal government agencies have not entered active felony warrants into the National Crime Information Center database; and (iv)demonstrates that State, local, and tribal government agencies have made good faith efforts to eliminate any such backlog; and (C)guidelines for warrant entry by the State or Indian tribe, including units of local government within the State or Indian tribe, that— (i)ensure that felony warrants issued by the State or Indian tribe, including units of local government within the State or Indian tribe, will be entered into the National Crime Information Center database; and (ii)include a description of the circumstances, if any, in which, as a matter of policy, certain such warrants will not be entered into the National Crime Information Center database. (2)

Deposit Bail and Citizens Right to Know

A State that submits a grant renewal application under subsection (a)(3)(B) shall require that each unit of local government or State pretrial services agency in such State that has recieved grant funds under this section file with the Attorney General and the appropriate county clerk's office of jurisdiction the following public reports on defendants released at the recommendation or under the supervision of the unit of local government or State pretrial services agency: (A)An annual report specifying— (i)the number of defendants assessed or interviewed for pretrial release; (ii)the number of indigent defendants included in clause (i); (iii)the number of failures to appear for a scheduled court appearance; and (iv)the number and type of program noncompliance infractions committed by a defendant released to a pretrial release program. (B)An annual report at the end of each year, setting forth the budget of the unit of local government or State pretrial services agency for the reporting year. (c)

Report to the Attorney General

A State or Indian tribe that receives a grant under this section shall, 1 year after receiving the grant, submit a report to the Attorney General that includes— (1)the number of active felony warrants issued by that State or Indian tribe, including units of local government within that State or Indian tribe; (2)the number of the active felony warrants entered into the National Crime Information Center database; and (3)with respect to felony warrants not entered into the National Crime Information Center database, the reasons for not entering such warrants. (d)

Authorization of appropriations

There are authorized to be appropriated to the Attorney General $10,000,000 for each of the fiscal years 2011 through 2015 for grants to carry out the requirements of this section.

5.

Federal Bureau of Investigation coordination

The Federal Bureau of Investigation shall provide to State, local, and tribal government agencies the technological standard to ensure the compatibility and interoperability of all State, local, and tribal warrant databases with the National Crime Information Center database, as well as other technical assistance to facilitate the implementation of automated State, local, and tribal warrant management systems that are compatible and interoperable with the National Crime Information Center database.

6.

Report regarding felony warrant entry

(a)

In general

Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the House and Senate Committees on the Judiciary a report regarding— (1)the number of active felony warrants issued by each State and Indian tribe, including felony warrants issued by units of local government within the State or Indian tribe; (2)the number of the active felony warrants that State, local, and tribal government agencies have entered into the National Crime Information Center database; and (3)for the preceding 3 years, the number of persons in each State with an active felony warrant who were— (A)apprehended in other States or in Indian country but not extradited; and (B)apprehended in other States or in Indian country and extradited. (b)

Assistance

To assist in the preparation of the report required by subsection (a), the Attorney General shall provide the Comptroller General of the United States access to any information collected and reviewed in connection with the grant application process described in section 4. (c)

Report by Attorney General

On an annual basis, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report containing the information received from the States and Indian tribes under this section.

7.

Extradition assistance

(a)

Grant assistance

(1)

Authorization of grant assistance

(A)

In general

The Attorney General shall, subject to paragraph (4), make grants to States and Indian tribes for periods of 1 year which shall be used by States and Indian tribes, including units of local government within the State or Indian tribe, to extradite fugitives from another State or Indian country for prosecution. (B)

Set aside

Not more than 5 percent of the grant funding available under this section may be reserved for Indian tribal governments, including tribal judicial systems. (2)

Matching funds

The Federal share of a grant received under this section may not exceed 80 percent of the costs of a program or proposal funded under this section unless the Attorney General waives, wholly or in part, the requirements of this paragraph in the event of extraordinary circumstances. (3)

Grant applications

A State or Indian tribe seeking a grant under this subsection shall submit an application to the Attorney General that— (A)describes the process and any impediments to extraditing fugitives apprehended in other States or in Indian country after being notified of such fugitives' apprehension; (B)specifies the way in which grant amounts will be used, including the means of transportation the State or Indian tribe, or unit of local government within the State or Indian tribe, intends to use for extradition and whether the State or Indian tribe or unit of local government will participate in the JPATS program, as well as whether it has participated in that program in the past; (C)specifies the number of fugitives extradited by all jurisdictions within that State or Indian tribe for each of the 3 years preceding the date of the grant application; and (D)specifies the total amount spent by all jurisdictions within that State or Indian tribe on fugitive extraditions for each of the 3 years preceding the date of the grant application. (4)

Eligibility

(A)

In general

In determining whether to award a grant under this section to a State or Indian tribe, the Attorney General shall consider the following: (i)The information in the application submitted under paragraph (3). (ii)The percentage of felony warrants issued by the State or Indian tribe, including units of local government within the State or Indian tribe, that were entered into the National Crime Information Center database, as calculated with the information provided under subsection (b) and, beginning 1 year after the date of enactment of this Act, whether the State or Indian tribe has made substantial progress in improving the entry of felony warrants into the National Crime Information Center database. (iii)For grants issued after an initial 1 year grant, whether the State or Indian tribe, including units of local government within the State or Indian tribe, has increased substantially the number of fugitives extradited for prosecution. (B)

Preferences

In allocating extradition grants under this section, the Attorney General should give preference to States or Indian tribes that— (i)3 years after the date of enactment of this Act, have entered at least 50 percent of active felony warrants into the National Crime Information Center database; (ii)5 years after the date of enactment of this Act, have entered at least 70 percent of active felony warrants into the National Crime Information Center database; and (iii)7 years after the date of enactment of this Act, have entered at least 90 percent of active felony warrants into the National Crime Information Center database. (5)

Use of funds

States and Indian tribes, including units of local government within the State or Indian tribe, receiving a grant under this section may use grant monies to credit the costs of transporting State and local detainees on behalf of such State to the Justice Prisoner and Alien Transportation System. (6)

Recordkeeping

States and Indian tribes, including units of local government within the State or Indian tribe, that receive a grant under this section shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may require. (7)

Audit

(A)

In general

The Attorney General shall conduct an audit of the use of funds by States and Indian tribes receiving grants under this section 18 months after the date of the enactment of this Act and biennially thereafter. (B)

Ineligibility

A State or Indian tribe, or unit of local government within a State or Indian tribe, that fails to increase substantially the number of fugitives extradited after receiving a grant under this section will be ineligible for future funds. (8)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2011 through 2015. (b)

Active felony warrants issued by States and Indian tribes

(1)

In general

Not later than 180 days after the date of the enactment of this Act, and annually thereafter on a date designated by the Attorney General, to assist the Attorney General in making a determination under subsection (a)(4) concerning eligibility to receive a grant, each State and Indian tribe applying for a grant under this section shall submit to the Attorney General— (A)the total number of active felony warrants issued by the State or Indian tribe, including units of local government within the State or Indian tribe, regardless of the age of the warrants; and (B)a description of the categories of felony warrants not entered into the National Crime Information Center database and the reasons for not entering such warrants. (2)

Failure to provide

A State or Indian tribe that fails to provide the information described in paragraph (1) by the date required under such paragraph shall be ineligible to receive any funds under subsection (a), until such date as it provides the information described in paragraph (1) to the Attorney General. (c)

Attorney General report

(1)

In general

Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report— (A)containing the information submitted by the States and Indian tribes under subsection (b); (B)containing the percentage of active felony warrants issued by those States and Indian tribes that has been entered into the National Crime Information Center database, as determined under subsection (a)(4)(A)(ii); (C)containing a description of the categories of felony warrants that have not been entered into the National Crime Information Center database and the reasons such warrants were not entered, as provided to the Attorney General under subsection (b)(1); (D)comparing the warrant entry information to data from previous years and describing the progress of States and Indian tribes in entering active felony warrants into the National Crime Information Center database; (E)containing the number of persons that each State or Indian tribe, including units of local government within the State or Indian tribe, has extradited from other States or in Indian country for prosecution and describing any progress the State or Indian tribe has made in improving the number of fugitives extradited for prosecution; and (F)describing the practices of the States and Indian tribes regarding the collection, maintenance, automation, and transmittal of felony warrants to the National Crime Information Center, that the Attorney General considers to be best practices. (2)

Best practices

Not later than January 31 of each year, the Attorney General shall provide the information regarding best practices, referred to in paragraph (1)(F), to each State and Indian tribe submitting information to the National Crime Information Center.