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34 U.S.C. §§ 60101–60104

4 sections in range

§60101. Findings

34 U.S.C. § 60101

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 sections 60101 to 60104 of this title 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.
Notes, amendments, and revision history

(Pub. L. 106–560, § 2, Dec. 21, 2000, 114 Stat. 2784.)

Editorial Notes

Codification

Section was formerly classified to section 13726 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Short Title

For short title of Pub. L. 106–560, which is classified to sections 60101 to 60104 of this title, as the “Interstate Transportation of Dangerous Criminals Act of 2000” and also as “Jeanna’s Act”, see section 1 of Pub. L. 106–560, set out as a Short Title of 2000 Act note under section 10101 of this title.

Guidelines for States Regarding Infectious Diseases in Correctional Institutions

Pub. L. 105–370, § 2(c), Nov. 12, 1998, 112 Stat. 3375, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 12, 1998], the Attorney General, in consultation with the Secretary of Health and Human Services, shall provide to the several States proposed guidelines for the prevention, detection, and treatment of incarcerated persons and correctional employees who have, or may be exposed to, infectious diseases in correctional institutions.”

§60102. Definitions

34 U.S.C. § 60102

In sections 60101 to 60104 of this title:
(1)
Crime of violence— The term “crime of violence” has the same meaning as in section 924(c)(3) of title 18.
(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 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.
Notes, amendments, and revision history

(Pub. L. 106–560, § 3, Dec. 21, 2000, 114 Stat. 2784.)

Editorial Notes

Codification

Section was formerly classified to section 13726a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§60103. Federal regulation of prisoner transport companies

34 U.S.C. § 60103

(a)
In general— Not later than 180 days after December 21, 2000, 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 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.1
(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.
(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 sections 60101 to 60104 of this title 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.

Footnotes

  1. 1 See References in Text note below.
Notes, amendments, and revision history

(Pub. L. 106–560, § 4, Dec. 21, 2000, 114 Stat. 2785.)

Editorial Notes

References in Text

No act with the title Federal Motor Vehicle Safety Act, referred to in subsec. (b)(3), has been enacted. Provisions authorizing the Secretary of Transportation to prescribe requirements relating to hours of service of employees of a motor carrier are contained in chapter 315 (§ 31501 et seq.) of Title 49, Transportation.

Codification

Section was formerly classified to section 13726b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

§60104. Enforcement

34 U.S.C. § 60104

Any person who is found in violation of the regulations established by sections 60101 to 60104 of this title 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 60103(a) of this title.
Notes, amendments, and revision history

(Pub. L. 106–560, § 5, Dec. 21, 2000, 114 Stat. 2786.)

Editorial Notes

Codification

Section was formerly classified to section 13726c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.