1e68
<PRE>[DOCID: f:s1898enr.txt]
        S.1898

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 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,

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.
        (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.

    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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

0