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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
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