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[106th Congress Public Law 560]
[From the U.S. Government Printing Office]

<DOC>
[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:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 25, considered and passed Senate.
            Dec. 7, considered and passed House.

                                  <all>
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