I

106TH CONGRESS

2D SESSION H. R. 4954

To ensure that law enforcement agencies determine, before the release or

transfer of a person, whether that person has an outstanding charge

or warrant, and for other purposes

IN THE HOUSE OF REPRESENTATIVES

JULY 25, 2000

Ms. MCCARTHY of Missouri (for herself, Ms. DANNER, Mr. MOORE, and Mr.

SKELTON) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To ensure that law enforcement agencies determine, before

the release or transfer of a person, whether that person

has an outstanding charge or warrant, and for other

purposes

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Justice through As5 sured Knowledge and Enforcement Act’’.
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1 SEC. 2. PRE-RELEASE RECORDS CHECKS.

2 (a) IN GENERAL.—The Attorney General shall estab3 lish guidelines for pre-release records check programs car4 ried out by States.

5 (b) REQUIRED ELEMENTS.—A pre-release records

6 check program established under this section shall contain

7 the following elements:

8 (1) CHECK BEFORE EACH RELEASE OR TRANS9 FER.—A law enforcement agency shall not release a

10 person from custody, or transfer a person in custody

11 to the custody of another such agency, unless that

12 agency first carries out a pre-release records check

13 on that person.

14 (2) NOTIFICATIONS.—If that check indicates an

15 unresolved warrant or charge, that agency shall not

16 release or transfer that person unless that agency

17 first—

18 (A) provides notice that the person is in

19 custody to the law enforcement agency initi20 ating that warrant or charge, and provides that

21 agency with a reasonable opportunity to resolve

22 that warrant or charge; and

23 (B) provides notice of that warrant or

24 charge to the law enforcement agency to which

25 the person is to be transferred, if applicable.
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1 (3) PENALTIES.—If an official is responsible

2 for a violation of a requirement of this subsection,

3 that official shall be subject to administrative dis4 cipline by that agency.

5 (c) COMPLIANCE.—

6 (1) COMPLIANCE DATE.—Each State shall have

7 not more than 3 years from the date of enactment

8 of this Act in which to implement this section, ex9 cept that the Attorney General may grant an addi10 tional 2 years to a State that is making good faith

11 efforts to implement this section.

12 (2) INELIGIBILITY FOR FUNDS.—

13 (A) A State that fails to implement the

14 program as described in this section shall not

15 receive 10 percent of the funds that would oth16 erwise be allocated to the State under section

17 506 of the Omnibus Crime Control and Safe

18 Streets Act of 1968 (42 U.S.C. 3765).

19 (B) Any funds that are not allocated for

20 failure to comply with this section shall be re21 allocated to States that comply with this sec22 tion.

23 (d) DEFINITIONS.—For purposes of this Act:

24 (1) The term ‘‘pre-release records check’’

25 means an inquiry to determine whether an unre-
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1 solved warrant or charge is indicated in criminal his2 tory records databases prescribed by the Attorney

3 General in accordance with subsection (a), which

4 may include—

5 (A) the database of the National Crime In6 formation Center of the Department of Justice,

7 or any comparable Federal database; and

8 (B) any comparable database maintained

9 by the State, or in which the State participates.

10 (2) The term ‘‘law enforcement agency’’ in11 cludes jails and correctional institutions.

12 (3) The term ‘‘custody’’ includes detention on

13 suspicion of charges and incarceration.

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