34 U.S.C. § 60105 — State information regarding individuals

Page 668 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 60104 of a uniform with a badge or insignia identi- fying the employee as a transportation officer. (6) Standards establishing categories of vio- lent prisoners required to wear brightly col- ored clothing clearly identifying them as pris- oners, 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 offi- cials 24 hours in advance of any scheduled stops in their jurisdiction. (9) A requirement that in the event of an es- cape 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 applica- ble Federal and State law. (c) Federal standards Except for the requirements of subsection (b)(6), the regulations promulgated under sec- tions 60101 to 60104 of this title shall not provide stricter standards with respect to private pris- oner transport companies than are applicable, without exception, to the United States Mar- shals Service, Federal Bureau of Prisons, and the Immigration and Naturalization Service when transporting violent prisoners under com- parable circumstances. (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. Pro- visions 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 edi- torial 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 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 po- litical subdivision of a State, which expends funds for the purpose of apprehending any vio- lent prisoner who escapes from a prisoner transport company as the result, in whole or in part, of a violation of regulations promul- gated pursuant to section 60103(a) of this title. (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 edi- torial reclassification and renumbering as this section. § 60105. State information regarding individuals who die in the custody of law enforcement (a) In general For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a State receives funds for a program referred to in subsection (c)(2), the State shall report to the Attorney General, on a quarterly basis and pur- suant to guidelines established by the Attorney General, information regarding the death of any person who is detained, under arrest, or is in the process of being arrested, is en route to be incar- cerated, or is incarcerated at a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facil- ity, or other local or State correctional facility (including any juvenile facility). (b) Information required The report required by this section shall con- tain information that, at a minimum, includes— (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that de- tained, arrested, or was in the process of ar- resting the deceased; and (4) a brief description of the circumstances surrounding the death. (c) Compliance and ineligibility (1) Compliance date Each State shall have not more than 120 days from December 18, 2014, to comply with subsection (a), except that— (A) the Attorney General may grant an ad- ditional 120 days to a State that is making good faith efforts to comply with such sub- section; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be un- constitutional under the constitution of such State. (2) Ineligibility for funds For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 10-percent reduc- tion of the funds that would otherwise be allo- cated for that fiscal year to the State under Page 669 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 60106 1 See References in Text note below. subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.),1 whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or other- wise. (d) Reallocation Amounts not allocated under a program re- ferred to in subsection (c)(2) to a State for fail- ure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (e) Definitions In this section the terms ‘‘boot camp prison’’ and ‘‘State’’ have the meaning given those terms, respectively, in section 10251(a) of this title. (f) Study and report of information relating to deaths in custody (1) Study required The Attorney General shall carry out a study of the information reported under sub- section (b) and section 3(a) 1 to— (A) determine means by which such infor- mation can be used to reduce the number of such deaths; and (B) examine the relationship, if any, be- tween the number of such deaths and the ac- tions of management of such jails, prisons, and other specified facilities relating to such deaths. (2) Report Not later than 2 years after December 18, 2014, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1). (Pub. L. 113–242, § 2, Dec. 18, 2014, 128 Stat. 2860.) Editorial Notes REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(2), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Subpart 1 of part E of title I of the Act was classified generally to part A (§ 3750 et seq.) of subchapter V of chapter 46 of Title 42, The Public Health and Welfare, prior to editorial reclassification as part A (§ 10151 et seq.) of subchapter V of chapter 101 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. Section 3(a), referred to in subsec. (f)(1), is section 3(a) of Pub. L. 113–242, Dec. 18, 2014, 128 Stat. 2861. Sec- tion 3 of Pub. L. 113–242 was editorially reclassified as a note under section 4001 of Title 18, Crimes and Crimi- nal Procedure. CODIFICATION Section was formerly classified to section 13727 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 60106. Incentives for States (a) Authority to make grants The Attorney General is authorized to make grants to States that have in effect a law that— (1) makes it a criminal offense for any per- son acting under color of law of the State to knowingly engage in a sexual act with an indi- vidual who is under arrest, in detention, or otherwise in the actual custody of any law en- forcement officer; and (2) prohibits a person charged with an of- fense described in paragraph (1) from asserting the consent of the other individual as a de- fense. (b) Reporting requirement A State that receives a grant under this sec- tion shall submit to the Attorney General, on an annual basis, information on— (1) the number of reports made to law en- forcement agencies in that State regarding persons engaging in a sexual act while acting under color of law during the previous year; and (2) the disposition of each case in which sex- ual misconduct by a person acting under color of law was reported during the previous year. (c) Application A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and con- taining such information as the Attorney Gen- eral may reasonably require, including informa- tion about the law described in subsection (a). (d) Grant amount The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs: (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the ‘‘STOP Violence Against Women Formula Grant Program’’). (2) Section 12511 of this title (commonly re- ferred to as the ‘‘Sexual Assault Services Pro- gram’’). (e) Grant term (1) In general The Attorney General shall provide an in- crease in the amount provided to a State under the grant programs described in sub- section (d) for a 2-year period. (2) Renewal A State that receives a grant under this sec- tion may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attor- ney General may reasonably require. (3) Limit A State may not receive a grant under this section for more than 4 years. (f) Uses of funds A State that receives a grant under this sec- tion shall use— (1) 25 percent of such funds for any of the permissible uses of funds under the grant pro- gram described in paragraph (1) of subsection (d); and