[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Senate]
[Pages S11011-S11012]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      INTERSTATE TRANSPORTATION OF DANGEROUS CRIMINALS ACT OF 1999

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the 
Senate now proceed to the consideration of Calendar No. 859, S. 1898.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1898) to provide protection against the risks to 
     the public that are inherent in the interstate transportation 
     of violent prisoners.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on the Juidiciary, 
with an amendment; as follows:

  [Strike out all after the enacting clause and insert the part printed 
in italic.]

     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.

[[Page S11012]]

       (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).

  Mr. LEAHY. Mr. President, I rise today to express my strong support 
for S. 1898, the Interstate Transportation of Dangerous Criminals Act, 
also known as ``Jeanna's bill.'' I worked with Senator Dorgan in 
developing this legislation, which passed the Judiciary Committee in 
September with unanimous bipartisan support. I praise Senator Dorgan's 
leadership, and am proud to be an original cosponsor.
  Kyle Bell was sentenced to life in prison for the brutal murder of 
11-year old Jeanna North. On October 13, 1999, Bell escaped, while 
being transferred interstate by a private prisoner transport company. 
He picked the locks on his handcuffs and leg irons, and slipped off the 
bus while it was stopped for gas in New Mexico. He was wearing his own 
street clothes and shoes. The guards did not notice that Bell was 
missing until nine hours later, and then delayed in notifying New 
Mexico authorities.
  Kyle Bell's escape is not an isolated case. In recent years, there 
have been several escapes by violent criminals when vans operated by 
private prisoner transport companies broke down or guards fell asleep 
on duty. There have also been an alarming number of traffic accidents 
in which prisoners were seriously injured or killed because drivers 
were tired, inattentive or poorly trained.
  Privatization of prisons and prisoner transportation services may be 
cost efficient, but public safety must come first. Jeanna's bill, 
S.1898, requires the Attorney General to establish some basic, common-
sense guidelines for private companies that transport violent criminals 
across State lines, including:
  minimum standards for pre-employment background checks;
  minimum standards for training employees;
  minimum standards for the identification, restraint, and safety of 
violent prisoners; and
  a requirement that private prisoner transport companies notify local 
law enforcement in advance of any stops in their jurisdiction.
  A violation is punishable by a $10,000 fine, plus restitution for the 
cost of re-capturing any violent prisoner who escapes as the result of 
such violation. This should create a healthy incentive for companies to 
abide by the regulations and operate responsibly.
  As Senator Dorgan has pointed out, a company hauling hazardous waste, 
cattle, or even circus animals has to meet certain minimum standards. 
Yet there are no requirements for hauling violent criminals around the 
country.
  Jeanna's bill has been endorsed by a wide range of law enforcement 
and victims' rights groups, including the National Sheriff's 
Association, the National Association of Police Organizations, the 
Fraternal Order of Police, the California Correctional Peace Officers 
Association, the New York Correctional Officers and Police Benevolent 
Association, the National Organization of Parents of Murdered Children, 
the KlassKids Foundation, and many others. It will go a long way toward 
preventing more violent criminals from escaping. I am pleased that the 
Senate is finally passing this important legislation, and urge the 
House of Representatives to do the same.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to, the bill be read a third time and 
passed, the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1898), as amended, was read the third time and passed.

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