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
S. 1898—2

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.
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(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.