I

106TH CONGRESS

2D SESSION S. 1898

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 2000

Referred to the Committee on the Judiciary

AN ACT

To provide protection against the risks to the public that

are inherent in the interstate transportation of violent

prisoners.

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 ‘‘Interstate Transpor5 tation of Dangerous Criminals Act of 2000’’ or ‘‘Jeanna’s

6 Act’’.
2

S 1898 RFH

1 SEC. 2. FINDINGS.

2 Congress finds the following:

3 (1) Increasingly, States are turning to private

4 prisoner transport companies as an alternative to

5 their own personnel or the United States Marshals

6 Service when transporting violent prisoners.

7 (2) The transport process can last for days if

8 not weeks, as violent prisoners are dropped off and

9 picked up at a network of hubs across the country.

10 (3) Escapes by violent prisoners during trans11 port by private prisoner transport companies have

12 occurred.

13 (4) Oversight by the Attorney General is re14 quired to address these problems.

15 (5) While most governmental entities may pre16 fer to use, and will continue to use, fully trained and

17 sworn law enforcement officers when transporting

18 violent prisoners, fiscal or logistical concerns may

19 make the use of highly specialized private prisoner

20 transport companies an option. Nothing in this Act

21 should be construed to mean that governmental enti22 ties should contract with private prisoner transport

23 companies to move violent prisoners; however when

24 a government entity opts to use a private prisoner

25 transport company to move violent prisoners, then
3

S 1898 RFH

1 the company should be subject to regulation in order

2 to enhance public safety.

3 SEC. 3. DEFINITIONS.

4 In this Act:

5 (1) CRIME OF VIOLENCE.—The term ‘‘crime of

6 violence’’ has the same meaning as in section

7 924(c)(3) of title 18, United States Code.

8 (2) PRIVATE PRISONER TRANSPORT COM9 PANY.—The term ‘‘private prisoner transport com10 pany’’ means any entity, other than the United

11 States, a State, or an inferior political subdivision of

12 a State, which engages in the business of the trans13 porting for compensation, individuals committed to

14 the custody of any State or of an inferior political

15 subdivision of a State, or any attempt thereof.

16 (3) VIOLENT PRISONER.—The term ‘‘violent

17 prisoner’’ means any individual in the custody of a

18 State or an inferior political subdivision of a State

19 who has previously been convicted of or is currently

20 charged with a crime of violence or any similar stat21 ute of a State or the inferior political subdivisions of

22 a State, or any attempt thereof.
4

S 1898 RFH

1 SEC. 4. FEDERAL REGULATION OF PRISONER TRANSPORT

2 COMPANIES.

3 (a) IN GENERAL.—Not later than 180 days after the

4 date of enactment of this Act, the Attorney General, in

5 consultation with the American Correctional Association

6 and the private prisoner transport industry, shall promul7 gate regulations relating to the transportation of violent

8 prisoners in or affecting interstate commerce.

9 (b) STANDARDS AND REQUIREMENTS.—The regula10 tions shall include the following:

11 (1) Minimum standards for background checks

12 and preemployment drug testing for potential em13 ployees, including requiring criminal background

14 checks, to disqualify persons with a felony conviction

15 or domestic violence conviction as defined by section

16 921 of title 18, United States Code, for eligibility for

17 employment. Preemployment drug testing will be in

18 accordance with applicable State laws.

19 (2) Minimum standards for the length and type

20 of training that employees must undergo before they

21 can transport prisoners not to exceed 100 hours of

22 preservice training focusing on the transportation of

23 prisoners. Training shall be in the areas of use of re24 straints, searches, use of force, including use of ap25 propriate weapons and firearms, CPR, map reading,

26 and defensive driving.
5

S 1898 RFH

1 (3) Restrictions on the number of hours that

2 employees can be on duty during a given time pe3 riod. Such restriction shall not be more stringent

4 than current applicable rules and regulations con5 cerning hours of service promulgated under the Fed6 eral Motor Vehicle Safety Act.

7 (4) Minimum standards for the number of per8 sonnel that must supervise violent prisoners. Such

9 standards shall provide the transport entity with ap10 propriate discretion, and, absent more restrictive re11 quirements contracted for by the procuring govern12 ment entity, shall not exceed a requirement of 1

13 agent for every 6 violent prisoners.

14 (5) Minimum standards for employee uniforms

15 and identification that require wearing of a uniform

16 with a badge or insignia identifying the employee as

17 a transportation officer.

18 (6) Standards establishing categories of violent

19 prisoners required to wear brightly colored clothing

20 clearly identifying them as prisoners, when appro21 priate.

22 (7) Minimum requirements for the restraints

23 that must be used when transporting violent pris24 oners, to include leg shackles and double-locked

25 handcuffs, when appropriate.
6

S 1898 RFH

1 (8) A requirement that when transporting vio2 lent prisoners, private prisoner transport companies

3 notify local law enforcement officials 24 hours in ad4 vance of any scheduled stops in their jurisdiction.

5 (9) A requirement that in the event of an es6 cape by a violent prisoner, private prisoner transport

7 company officials shall immediately notify appro8 priate law enforcement officials in the jurisdiction

9 where the escape occurs, and the governmental enti10 ty that contracted with the private prisoner trans11 port company for the transport of the escaped vio12 lent prisoner.

13 (10) Minimum standards for the safety of vio14 lent prisoners in accordance with applicable Federal

15 and State law.

16 (c) FEDERAL STANDARDS.—Except for the require17 ments of subsection (b)(6), the regulations promulgated

18 under this Act shall not provide stricter standards with

19 respect to private prisoner transport companies than are

20 applicable, without exception, to the United States Mar21 shals Service, Federal Bureau of Prisons, and the Immi22 gration and Naturalization Service when transporting vio23 lent prisoners under comparable circumstances.
7

S 1898 RFH

1 SEC. 5. ENFORCEMENT.

2 (a) PENALTY.—Any person who is found in violation

3 of the regulations established by this Act shall—

4 (1) be liable to the United States for a civil

5 penalty in an amount not to exceed $10,000 for each

6 violation and, in addition, to the United States for

7 the costs of prosecution; and

8 (2) make restitution to any entity of the United

9 States, of a State, or of an inferior political subdivi10 sion of a State, which expends funds for the purpose

11 of apprehending any violent prisoner who escapes

12 from a prisoner transport company as the result, in

13 whole or in part, of a violation of regulations pro14 mulgated pursuant to section 4(a).

Passed the Senate October 25 (legislative day, September 22), 2000.

Attest: GARY SISCO,

Secretary.