[106th Congress Public Law 560]
[From the U.S. Government Printing Office]
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[DOCID: f:publ560.106]
[[Page 2783]]
INTERSTATE TRANSPORTATION OF DANGEROUS CRIMINALS ACT OF 2000
[[Page 114 STAT. 2784]]
Public Law 106-560
106th Congress
An Act
To provide protection against the risks to the public that are inherent
in the interstate transportation of violent prisoners. <<NOTE: Dec. 21,
2000 - [S. 1898]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Interstate Transportation
of Dangerous Criminals Act of 2000.>> assembled,
SECTION <<NOTE: 42 USC 13701 note.>> 1. SHORT TITLE.
This Act may be cited as the ``Interstate Transportation of
Dangerous Criminals Act of 2000'' or ``Jeanna's Act''.
SEC. <<NOTE: 42 USC 13726.>> 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. <<NOTE: 42 USC 13726a.>> 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
[[Page 114 STAT. 2785]]
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. <<NOTE: 42 USC 13726b.>> 4. FEDERAL REGULATION OF PRISONER
TRANSPORT COMPANIES.
(a) <<NOTE: Deadline.>> 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.
[[Page 114 STAT. 2786]]
(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. <<NOTE: 42 USC 13726c.>> 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).
Approved December 21, 2000.
LEGISLATIVE HISTORY--S. 1898:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 25, considered and passed Senate.
Dec. 7, considered and passed House.
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