Home > 106th Congressional Bills > S. 1898 (rs) To provide protection against the risks to the public that are inherent in the interstate transportation of violent prisoners. [Reported in Senate] ...

S. 1898 (rs) To provide protection against the risks to the public that are inherent in the interstate transportation of violent prisoners. [Reported in Senate] ...

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  2d Session
                                S. 1898



                            October 26, 2000

               Referred to the Committee on the Judiciary


                                 AN ACT

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,


    This Act may be cited as the ``Interstate Transportation of 
Dangerous Criminals Act of 2000'' or ``Jeanna's Act''.


    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 
            (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.


    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.


    (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 
            (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 
            (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 
            (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.


    (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; 
            (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).

            Passed the Senate October 25 (legislative day, September 
      22), 2000.


                                                    GARY SISCO,


Pages: 1

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