Legislation and statutes

Attachment 7. Legislation and statutes

7A. Prison Rape Elimination Act of 2003

7B. Omnibus Crime Control and Safety Act of 1968

7A. Prison Rape Elimination Act of 2003

PUBLIC LAW 108–79 — SEPT. 4, 2003

[DOCID: f:publ079.108]

[[Page 971]]

PRISON RAPE ELIMINATION ACT OF 2003

[[Page 117 STAT. 972]]

Public Law 108-79

108th Congress

An Act

To provide for the analysis of the incidence and effects of prison rape

in Federal, State, and local institutions and to provide information,

resources, recommendations, and funding to protect individuals from

prison rape. <<NOTE: Sept. 4, 2003 - [S. 1435]>>

Be it enacted by the Senate and House of Representatives of

the <<NOTE: Prison Rape Elimination Act of 2003.>> United States of

America in Congress assembled,

SECTION 1. <<NOTE: 45 USC 15601 note.>> SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Prison Rape

Elimination Act of 2003''.

(b) Table of Contents.--The table of contents of this Act is as

follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes.

Sec. 4. National prison rape statistics, data, and research.

Sec. 5. Prison rape prevention and prosecution.

Sec. 6. Grants to protect inmates and safeguard communities.

Sec. 7. National Prison Rape Reduction Commission.

Sec. 8. Adoption and effect of national standards.

Sec. 9. Requirement that accreditation organizations adopt accreditation

standards.

Sec. 10. Definitions.

SEC. 2. <<NOTE: 42 USC 15601.>> FINDINGS.

Congress makes the following findings:

(1) 2,100,146 persons were incarcerated in the United States

at the end of 2001: 1,324,465 in Federal and State prisons and

631,240 in county and local jails. In 1999, there were more than

10,000,000 separate admissions to and discharges from prisons

and jails.

(2) Insufficient research has been conducted and

insufficient data reported on the extent of prison rape.

However, experts have conservatively estimated that at least 13

percent of the inmates in the United States have been sexually

assaulted in prison. Many inmates have suffered repeated

assaults. Under this estimate, nearly 200,000 inmates now

incarcerated have been or will be the victims of prison rape.

The total number of inmates who have been sexually assaulted in

the past 20 years likely exceeds 1,000,000.

(3) Inmates with mental illness are at increased risk of

sexual victimization. America's jails and prisons house more

mentally ill individuals than all of the Nation's psychiatric

hospitals combined. As many as 16 percent of inmates in State

prisons and jails, and 7 percent of Federal inmates, suffer from

mental illness.

(4) Young first-time offenders are at increased risk of

sexual victimization. Juveniles are 5 times more likely to be

sexually

[[Page 117 STAT. 973]]

assaulted in adult rather than juvenile facilities--often within

the first 48 hours of incarceration.

(5) Most prison staff are not adequately trained or prepared

to prevent, report, or treat inmate sexual assaults.

(6) Prison rape often goes unreported, and inmate victims

often receive inadequate treatment for the severe physical and

psychological effects of sexual assault--if they receive

treatment at all.

(7) HIV and AIDS are major public health problems within

America's correctional facilities. In 2000, 25,088 inmates in

Federal and State prisons were known to be infected with HIV/

AIDS. In 2000, HIV/AIDS accounted for more than 6 percent of all

deaths in Federal and State prisons. Infection rates for other

sexually transmitted diseases, tuberculosis, and hepatitis B and

C are also far greater for prisoners than for the American

population as a whole. Prison rape undermines the public health

by contributing to the spread of these diseases, and often

giving a potential death sentence to its victims.

(8) Prison rape endangers the public safety by making

brutalized inmates more likely to commit crimes when they are

released--as 600,000 inmates are each year.

(9) The frequently interracial character of prison sexual

assaults significantly exacerbates interracial tensions, both

within prison and, upon release of perpetrators and victims from

prison, in the community at large.

(10) Prison rape increases the level of homicides and other

violence against inmates and staff, and the risk of

insurrections and riots.

(11) Victims of prison rape suffer severe physical and

psychological effects that hinder their ability to integrate

into the community and maintain stable employment upon their

release from prison. They are thus more likely to become

homeless and/or require government assistance.

(12) Members of the public and government officials are

largely unaware of the epidemic character of prison rape and the

day-to-day horror experienced by victimized inmates.

(13) The high incidence of sexual assault within prisons

involves actual and potential violations of the United States

Constitution. In Farmer v. Brennan, 511 U.S. 825 (1994), the

Supreme Court ruled that deliberate indifference to the

substantial risk of sexual assault violates prisoners' rights

under the Cruel and Unusual Punishments Clause of the Eighth

Amendment. The Eighth Amendment rights of State and local

prisoners are protected through the Due Process Clause of the

Fourteenth Amendment. Pursuant to the power of Congress under

Section Five of the Fourteenth Amendment, Congress may take

action to enforce those rights in States where officials have

demonstrated such indifference. States that do not take basic

steps to abate prison rape by adopting standards that do not

generate significant additional expenditures demonstrate such

indifference. Therefore, such States are not entitled to the

same level of Federal benefits as other States.

(14) The high incidence of prison rape undermines the

effectiveness and efficiency of United States Government

expenditures through grant programs such as those dealing with

health care; mental health care; disease prevention; crime

prevention, investigation, and prosecution; prison construction,

[[Page 117 STAT. 974]]

maintenance, and operation; race relations; poverty;

unemployment and homelessness. The effectiveness and efficiency

of these federally funded grant programs are compromised by the

failure of State officials to adopt policies and procedures that

reduce the incidence of prison rape in that the high incidence

of prison rape--

(A) increases the costs incurred by Federal, State,

and local jurisdictions to administer their prison

systems;

(B) increases the levels of violence, directed at

inmates and at staff, within prisons;

(C) increases health care expenditures, both inside

and outside of prison systems, and reduces the

effectiveness of disease prevention programs by

substantially increasing the incidence and spread of

HIV, AIDS, tuberculosis, hepatitis B and C, and other

diseases;

(D) increases mental health care expenditures, both

inside and outside of prison systems, by substantially

increasing the rate of post-traumatic stress disorder,

depression, suicide, and the exacerbation of existing

mental illnesses among current and former inmates;

(E) increases the risks of recidivism, civil strife,

and violent crime by individuals who have been

brutalized by prison rape; and

(F) increases the level of interracial tensions and

strife within prisons and, upon release of perpetrators

and victims, in the community at large.

(15) The high incidence of prison rape has a significant

effect on interstate commerce because it increases

substantially--

(A) the costs incurred by Federal, State, and local

jurisdictions to administer their prison systems;

(B) the incidence and spread of HIV, AIDS,

tuberculosis, hepatitis B and C, and other diseases,

contributing to increased health and medical

expenditures throughout the Nation;

(C) the rate of post-traumatic stress disorder,

depression, suicide, and the exacerbation of existing

mental illnesses among current and former inmates,

contributing to increased health and medical

expenditures throughout the Nation; and

(D) the risk of recidivism, civil strife, and

violent crime by individuals who have been brutalized by

prison rape.

SEC. 3. <<NOTE: 42 USC 15602.>> PURPOSES.

The purposes of this Act are to--

(1) establish a zero-tolerance standard for the incidence of

prison rape in prisons in the United States;

(2) make the prevention of prison rape a top priority in

each prison system;

(3) develop and implement national standards for the

detection, prevention, reduction, and punishment of prison rape;

(4) increase the available data and information on the

incidence of prison rape, consequently improving the management

and administration of correctional facilities;

(5) standardize the definitions used for collecting data on

the incidence of prison rape;

[[Page 117 STAT. 975]]

(6) increase the accountability of prison officials who fail

to detect, prevent, reduce, and punish prison rape;

(7) protect the Eighth Amendment rights of Federal, State,

and local prisoners;

(8) increase the efficiency and effectiveness of Federal

expenditures through grant programs such as those dealing with

health care; mental health care; disease prevention; crime

prevention, investigation, and prosecution; prison construction,

maintenance, and operation; race relations; poverty;

unemployment; and homelessness; and

(9) reduce the costs that prison rape imposes on interstate

commerce.

SEC. 4. <<NOTE: 42 USC 15603.>> NATIONAL PRISON RAPE STATISTICS, DATA,

AND RESEARCH.

(a) Annual Comprehensive Statistical Review.--

(1) In general.--The Bureau of Justice Statistics of the

Department of Justice (in this section referred to as the

``Bureau'') shall carry out, for each calendar year, a

comprehensive statistical review and analysis of the incidence

and effects of prison rape. The statistical review and analysis

shall include, but not be limited to the identification of the

common characteristics of--

(A) both victims and perpetrators of prison rape;

and

(B) prisons and prison systems with a high incidence

of prison rape.

(2) Considerations.--In carrying out paragraph (1), the

Bureau shall consider--

(A) how rape should be defined for the purposes of

the statistical review and analysis;

(B) how the Bureau should collect information about

staff-on-inmate sexual assault;

(C) how the Bureau should collect information beyond

inmate self-reports of prison rape;

(D) how the Bureau should adjust the data in order

to account for differences among prisons as required by

subsection (c)(3);

(E) the categorization of prisons as required by

subsection (c)(4); and

(F) whether a preliminary study of prison rape

should be conducted to inform the methodology of the

comprehensive statistical review.

(3) Solicitation of views.--The Bureau of Justice Statistics

shall solicit views from representatives of the following: State

departments of correction; county and municipal jails; juvenile

correctional facilities; former inmates; victim advocates;

researchers; and other experts in the area of sexual assault.

(4) Sampling techniques.--The review and analysis under

paragraph (1) shall be based on a random sample, or other

scientifically appropriate sample, of not less than 10 percent

of all Federal, State, and county prisons, and a representative

sample of municipal prisons. The selection shall include at

least one prison from each State. The selection of facilities

for sampling shall be made at the latest practicable date prior

to conducting the surveys and shall not be disclosed to any

facility or prison system official prior to the time period

studied in the survey. Selection of a facility for sampling

during any

[[Page 117 STAT. 976]]

year shall not preclude its selection for sampling in any

subsequent year.

(5) Surveys.--In <<NOTE: Confidentiality.>> carrying out the

review and analysis under paragraph (1), the Bureau shall, in

addition to such other methods as the Bureau considers

appropriate, use surveys and other statistical studies of

current and former inmates from a sample of Federal, State,

county, and municipal prisons. The Bureau shall ensure the

confidentiality of each survey participant.

(6) Participation in survey.--Federal, State, or local

officials or facility administrators that receive a request from

the Bureau under subsection (a)(4) or (5) will be required to

participate in the national survey and provide access to any

inmates under their legal custody.

(b) Review Panel on Prison Rape.--

(1) Establishment.--To assist the Bureau in carrying out the

review and analysis under subsection (a), there is established,

within the Department of Justice, the Review Panel on Prison

Rape (in this section referred to as the ``Panel'').

(2) Membership.--

(A) Composition.--The Panel shall be composed of 3

members, each of whom shall be appointed by the Attorney

General, in consultation with the Secretary of Health

and Human Services.

(B) Qualifications.--Members of the Panel shall be

selected from among individuals with knowledge or

expertise in matters to be studied by the Panel.

(3) Public hearings.--

(A) In general.--The duty of the Panel shall be to

carry out, for each calendar year, public hearings

concerning the operation of the three prisons with the

highest incidence of prison rape and the two prisons

with the lowest incidence of prison rape in each

category of facilities identified under subsection

(c)(4). The Panel shall hold a separate hearing

regarding the three Federal or State prisons with the

highest incidence of prison rape. The purpose of these

hearings shall be to collect evidence to aid in the

identification of common characteristics of both victims

and perpetrators of prison rape, and the identification

of common characteristics of prisons and prison systems

with a high incidence of prison rape, and the

identification of common characteristics of prisons and

prison systems that appear to have been successful in

deterring prison rape.

(B) Testimony at hearings.--

(i) Public officials.--In carrying out the

hearings required under subparagraph (A), the

Panel shall request the public testimony of

Federal, State, and local officials (and

organizations that represent such officials),

including the warden or director of each prison,

who bears responsibility for the prevention,

detection, and punishment of prison rape at each

entity, and the head of the prison system

encompassing such prison.

(ii) Victims.--The Panel may request the

testimony of prison rape victims, organizations

representing

[[Page 117 STAT. 977]]

such victims, and other appropriate individuals

and organizations.

(C) Subpoenas.--

(i) Issuance.--The Panel may issue subpoenas

for the attendance of witnesses and the production

of written or other matter.

(ii) Enforcement.--In the case of contumacy or

refusal to obey a subpoena, the Attorney General

may in a Federal court of appropriate jurisdiction

obtain an appropriate order to enforce the

subpoena.

(c) Reports.--

(1) <<NOTE: Deadline.>> In general.--Not later than June 30

of each year, the Attorney General shall submit a report on the

activities of the Bureau and the Review Panel, with respect to

prison rape, for the preceding calendar year to--

(A) Congress; and

(B) the Secretary of Health and Human Services.

(2) Contents.--The report required under paragraph (1) shall

include--

(A) with respect to the effects of prison rape,

statistical, sociological, and psychological data;

(B) with respect to the incidence of prison rape--

(i) statistical data aggregated at the

Federal, State, prison system, and prison levels;

(ii) a listing of those institutions in the

representative sample, separated into each

category identified under subsection (c)(4) and

ranked according to the incidence of prison rape

in each institution; and

(iii) an identification of those institutions

in the representative sample that appear to have

been successful in deterring prison rape; and

(C) a listing of any prisons in the representative

sample that did not cooperate with the survey conducted

pursuant to section 4.

(3) Data adjustments.--In preparing the information

specified in paragraph (2), the Attorney General shall use

established statistical methods to adjust the data as necessary

to account for differences among institutions in the

representative sample, which are not related to the detection,

prevention, reduction and punishment of prison rape, or which

are outside the control of the State, prison, or prison system,

in order to provide an accurate comparison among prisons. Such

differences may include the mission, security level, size, and

jurisdiction under which the prison operates. For each such

adjustment made, the Attorney General shall identify and explain

such adjustment in the report.

(4) Categorization of prisons.--The report shall divide the

prisons surveyed into three categories. One category shall be

composed of all Federal and State prisons. The other two

categories shall be defined by the Attorney General in order to

compare similar institutions.

(d) Contracts and Grants.--In carrying out its duties under this

section, the Attorney General may--

(1) provide grants for research through the National

Institute of Justice; and

(2) contract with or provide grants to any other entity the

Attorney General deems appropriate.

[[Page 117 STAT. 978]]

(e) Authorization of Appropriations.--There are authorized to be

appropriated $15,000,000 for each of fiscal years 2004 through 2010 to

carry out this section.

SEC. 5. <<NOTE: 42 USC 15604.>> PRISON RAPE PREVENTION AND PROSECUTION.

(a) Information and Assistance.--

(1) <<NOTE: Establishment.>> National clearinghouse.--There

is established within the National Institute of Corrections a

national clearinghouse for the provision of information and

assistance to Federal, State, and local authorities responsible

for the prevention, investigation, and punishment of instances

of prison rape.

(2) Training and education.--The National Institute of

Corrections shall conduct periodic training and education

programs for Federal, State, and local authorities responsible

for the prevention, investigation, and punishment of instances

of prison rape.

(b) Reports.--

(1) <<NOTE: Deadline.>> In general.--Not later than

September 30 of each year, the National Institute of Corrections

shall submit a report to Congress and the Secretary of Health

and Human Services. This report shall be available to the

Director of the Bureau of Justice Statistics.

(2) Contents.--The report required under paragraph (1) shall

summarize the activities of the Department of Justice regarding

prison rape abatement for the preceding calendar year.

(c) Authorization of Appropriations.--There are authorized to be

appropriated $5,000,000 for each of fiscal years 2004 through 2010 to

carry out this section.

SEC. 6. <<NOTE: 42 USC 15605.>> GRANTS TO PROTECT INMATES AND

SAFEGUARD COMMUNITIES.

(a) Grants Authorized.--From amounts made available for grants under

this section, the Attorney General shall make grants to States to assist

those States in ensuring that budgetary circumstances (such as reduced

State and local spending on prisons) do not compromise efforts to

protect inmates (particularly from prison rape) and to safeguard the

communities to which inmates return. The purpose of grants under this

section shall be to provide funds for personnel, training, technical

assistance, data collection, and equipment to prevent and prosecute

prisoner rape.

(b) Use of Grant Amounts.--Amounts received by a grantee under this

section may be used by the grantee, directly or through subgrants, only

for one or more of the following activities:

(1) Protecting inmates.--Protecting inmates by--

(A) undertaking efforts to more effectively prevent

prison rape;

(B) investigating incidents of prison rape; or

(C) prosecuting incidents of prison rape.

(2) Safeguarding communities.--Safeguarding communities by--

(A) making available, to officials of State and

local governments who are considering reductions to

prison budgets, training and technical assistance in

successful methods for moderating the growth of prison

populations without compromising public safety,

including successful methods used by other

jurisdictions;

[[Page 117 STAT. 979]]

(B) developing and utilizing analyses of prison

populations and risk assessment instruments that will

improve State and local governments' understanding of

risks to the community regarding release of inmates in

the prison population;

(C) preparing maps demonstrating the concentration,

on a community-by-community basis, of inmates who have

been released, to facilitate the efficient and

effective--

(i) deployment of law enforcement resources

(including probation and parole resources); and

(ii) delivery of services (such as job

training and substance abuse treatment) to those

released inmates;

(D) promoting collaborative efforts, among officials

of State and local governments and leaders of

appropriate communities, to understand and address the

effects on a community of the presence of a

disproportionate number of released inmates in that

community; or

(E) developing policies and programs that reduce

spending on prisons by effectively reducing rates of

parole and probation revocation without compromising

public safety.

(c) Grant Requirements.--

(1) Period.--A grant under this section shall be made for a

period of not more than 2 years.

(2) Maximum.--The amount of a grant under this section may

not exceed $1,000,000.

(3) Matching.--The Federal share of a grant under this

section may not exceed 50 percent of the total costs of the

project described in the application submitted under subsection

(d) for the fiscal year for which the grant was made under this

section.

(d) Applications.--

(1) In general.--To request a grant under this section, the

chief executive of a State shall submit an application to the

Attorney General at such time, in such manner, and accompanied

by such information as the Attorney General may require.

(2) Contents.--Each application required by paragraph (1)

shall--

(A) include the certification of the chief executive

that the State receiving such grant--

(i) has adopted all national prison rape

standards that, as of the date on which the

application was submitted, have been promulgated

under this Act; and

(ii) will consider adopting all national

prison rape standards that are promulgated under

this Act after such date;

(B) specify with particularity the preventative,

prosecutorial, or administrative activities to be

undertaken by the State with the amounts received under

the grant; and

(C) in the case of an application for a grant for

one or more activities specified in paragraph (2) of

subsection (b)--

(i) review the extent of the budgetary

circumstances affecting the State generally and

describe how those circumstances relate to the

State's prisons;

[[Page 117 STAT. 980]]

(ii) describe the rate of growth of the

State's prison population over the preceding 10

years and explain why the State may have

difficulty sustaining that rate of growth; and

(iii) explain the extent to which officials

(including law enforcement officials) of State and

local governments and victims of crime will be

consulted regarding decisions whether, or how, to

moderate the growth of the State's prison

population.

(e) Reports by Grantee.--

(1) <<NOTE: Deadline.>> In general.--The Attorney General

shall require each grantee to submit, not later than 90 days

after the end of the period for which the grant was made under

this section, a report on the activities carried out under the

grant. The report shall identify and describe those activities

and shall contain an evaluation of the effect of those

activities on--

(A) the number of incidents of prison rape, and the

grantee's response to such incidents; and

(B) the safety of the prisons, and the safety of the

communities in which released inmates are present.

(2) Dissemination.--The Attorney General shall ensure that

each report submitted under paragraph (1) is made available

under the national clearinghouse established under section 5.

(f) State Defined.--In this section, the term ``State'' includes the

District of Columbia, the Commonwealth of Puerto Rico, and any other

territory or possession of the United States.

(g) Authorization of Appropriations.--

(1) In general.--There are authorized to be appropriated for

grants under this section $40,000,000 for each of fiscal years

2004 through 2010.

(2) Limitation.--Of amounts made available for grants under

this section, not less than 50 percent shall be available only

for activities specified in paragraph (1) of subsection (b).

SEC. 7. <<NOTE: 42 USC 15606.>> NATIONAL PRISON RAPE REDUCTION

COMMISSION.

(a) Establishment.--There is established a commission to be known as

the National Prison Rape Reduction Commission (in this section referred

to as the ``Commission'').

(b) Members.--

(1) In general.--The Commission shall be composed of 9

members, of whom--

(A) <<NOTE: President.>> 3 shall be appointed by the

President;

(B) 2 shall be appointed by the Speaker of the House

of Representatives, unless the Speaker is of the same

party as the President, in which case 1 shall be

appointed by the Speaker of the House of Representatives

and 1 shall be appointed by the minority leader of the

House of Representatives;

(C) 1 shall be appointed by the minority leader of

the House of Representatives (in addition to any

appointment made under subparagraph (B));

(D) 2 shall be appointed by the majority leader of

the Senate, unless the majority leader is of the same

party as the President, in which case 1 shall be

appointed by the majority leader of the Senate and 1

shall be appointed by the minority leader of the Senate;

and

[[Page 117 STAT. 981]]

(E) 1 member appointed by the minority leader of the

Senate (in addition to any appointment made under

subparagraph (D)).

(2) Persons eligible.--Each member of the Commission shall

be an individual who has knowledge or expertise in matters to be

studied by the Commission.

(3) Consultation required.--The President, the Speaker and

minority leader of the House of Representatives, and the

majority leader and minority leader of the Senate shall consult

with one another prior to the appointment of the members of the

Commission to achieve, to the maximum extent possible, fair and

equitable representation of various points of view with respect

to the matters to be studied by the Commission.

(4) Term.--Each member shall be appointed for the life of

the Commission.

(5) <<NOTE: Deadline.>> Time for initial appointments.--The

appointment of the members shall be made not later than 60 days

after the date of enactment of this Act.

(6) <<NOTE: Deadline.>> Vacancies.--A vacancy in the

Commission shall be filled in the manner in which the original

appointment was made, and shall be made not later than 60 days

after the date on which the vacancy occurred.

(c) Operation.--

(1) <<NOTE: Deadline. President.>> Chairperson.--Not later

than 15 days after appointments of all the members are made, the

President shall appoint a chairperson for the Commission from

among its members.

(2) Meetings.--The Commission shall meet at the call of the

chairperson. <<NOTE: Deadline.>> The initial meeting of the

Commission shall take place not later than 30 days after the

initial appointment of the members is completed.

(3) Quorum.--A majority of the members of the Commission

shall constitute a quorum to conduct business, but the

Commission may establish a lesser quorum for conducting hearings

scheduled by the Commission.

(4) Rules.--The Commission may establish by majority vote

any other rules for the conduct of Commission business, if such

rules are not inconsistent with this Act or other applicable

law.

(d) Comprehensive Study of the Impacts of Prison Rape.--

(1) In general.--The Commission shall carry out a

comprehensive legal and factual study of the penalogical,

physical, mental, medical, social, and economic impacts of

prison rape in the United States on--

(A) Federal, State, and local governments; and

(B) communities and social institutions generally,

including individuals, families, and businesses within

such communities and social institutions.

(2) Matters included.--The study under paragraph (1) shall

include--

(A) a review of existing Federal, State, and local

government policies and practices with respect to the

prevention, detection, and punishment of prison rape;

(B) an assessment of the relationship between prison

rape and prison conditions, and of existing monitoring,

regulatory, and enforcement practices that are intended

to address any such relationship;

[[Page 117 STAT. 982]]

(C) an assessment of pathological or social causes

of prison rape;

(D) an assessment of the extent to which the

incidence of prison rape contributes to the spread of

sexually transmitted diseases and to the transmission of

HIV;

(E) an assessment of the characteristics of inmates

most likely to commit prison rape and the effectiveness

of various types of treatment or programs to reduce such

likelihood;

(F) an assessment of the characteristics of inmates

most likely to be victims of prison rape and the

effectiveness of various types of treatment or programs

to reduce such likelihood;

(G) an assessment of the impacts of prison rape on

individuals, families, social institutions and the

economy generally, including an assessment of the extent

to which the incidence of prison rape contributes to

recidivism and to increased incidence of sexual assault;

(H) an examination of the feasibility and cost of

conducting surveillance, undercover activities, or both,

to reduce the incidence of prison rape;

(I) an assessment of the safety and security of

prison facilities and the relationship of prison

facility construction and design to the incidence of

prison rape;

(J) an assessment of the feasibility and cost of any

particular proposals for prison reform;

(K) an identification of the need for additional

scientific and social science research on the prevalence

of prison rape in Federal, State, and local prisons;

(L) an assessment of the general relationship

between prison rape and prison violence;

(M) an assessment of the relationship between prison

rape and levels of training, supervision, and discipline

of prison staff; and

(N) an assessment of existing Federal and State

systems for reporting incidents of prison rape,

including an assessment of whether existing systems

provide an adequate assurance of confidentiality,

impartiality and the absence of reprisal.

(3) Report.--

(A) <<NOTE: Deadline.>> Distribution.--Not later

than 2 years after the date of the initial meeting of

the Commission, the Commission shall submit a report on

the study carried out under this subsection to--

(i) the President;

(ii) the Congress;

(iii) the Attorney General;

(iv) the Secretary of Health and Human

Services;

(v) the Director of the Federal Bureau of

Prisons;

(vi) the chief executive of each State; and

(vii) the head of the department of

corrections of each State.

(B) Contents.--The report under subparagraph (A)

shall include--

(i) the findings and conclusions of the

Commission;

(ii) recommended national standards for

reducing prison rape;

[[Page 117 STAT. 983]]

(iii) recommended protocols for preserving

evidence and treating victims of prison rape; and

(iv) a summary of the materials relied on by

the Commission in the preparation of the report.

(e) Recommendations.--

(1) In general.--In conjunction with the report submitted

under subsection (d)(3), the Commission shall provide the

Attorney General and the Secretary of Health and Human Services

with recommended national standards for enhancing the detection,

prevention, reduction, and punishment of prison rape.

(2) Matters included.--The information provided under

paragraph (1) shall include recommended national standards

relating to--

(A) the classification and assignment of prisoners,

using proven standardized instruments and protocols, in

a manner that limits the occurrence of prison rape;

(B) the investigation and resolution of rape

complaints by responsible prison authorities, local and

State police, and Federal and State prosecution

authorities;

(C) the preservation of physical and testimonial

evidence for use in an investigation of the

circumstances relating to the rape;

(D) acute-term trauma care for rape victims,

including standards relating to--

(i) the manner and extent of physical

examination and treatment to be provided to any

rape victim; and

(ii) the manner and extent of any

psychological examination, psychiatric care,

medication, and mental health counseling to be

provided to any rape victim;

(E) referrals for long-term continuity of care for

rape victims;

(F) educational and medical testing measures for

reducing the incidence of HIV transmission due to prison

rape;

(G) post-rape prophylactic medical measures for

reducing the incidence of transmission of sexual

diseases;

(H) the training of correctional staff sufficient to

ensure that they understand and appreciate the

significance of prison rape and the necessity of its

eradication;

(I) the timely and comprehensive investigation of

staff sexual misconduct involving rape or other sexual

assault on inmates;

(J) ensuring the confidentiality of prison rape

complaints and protecting inmates who make complaints of

prison rape;

(K) creating a system for reporting incidents of

prison rape that will ensure the confidentiality of

prison rape complaints, protect inmates who make prison

rape complaints from retaliation, and assure the

impartial resolution of prison rape complaints;

(L) data collection and reporting of--

(i) prison rape;

(ii) prison staff sexual misconduct; and

(iii) the resolution of prison rape complaints

by prison officials and Federal, State, and local

investigation and prosecution authorities; and

[[Page 117 STAT. 984]]

(M) such other matters as may reasonably be related

to the detection, prevention, reduction, and punishment

of prison rape.

(3) Limitation.--The Commission shall not propose a

recommended standard that would impose substantial additional

costs compared to the costs presently expended by Federal,

State, and local prison authorities.

(f) Consultation With Accreditation Organizations.--In developing

recommended national standards for enhancing the detection, prevention,

reduction, and punishment of prison rape, the Commission shall consider

any standards that have already been developed, or are being developed

simultaneously to the deliberations of the Commission. The Commission

shall consult with accreditation organizations responsible for the

accreditation of Federal, State, local or private prisons, that have

developed or are currently developing standards related to prison rape.

The Commission will also consult with national associations representing

the corrections profession that have developed or are currently

developing standards related to prison rape.

(g) Hearings.--

(1) In general.--The Commission shall hold public hearings.

The Commission may hold such hearings, sit and act at such times

and places, take such testimony, and receive such evidence as

the Commission considers advisable to carry out its duties under

this section.

(2) Witness expenses.--Witnesses requested to appear before

the Commission shall be paid the same fees as are paid to

witnesses under section 1821 of title 28, United States Code.

The per diem and mileage allowances for witnesses shall be paid

from funds appropriated to the Commission.

(h) Information From Federal or State Agencies.--The Commission may

secure directly from any Federal department or agency such information

as the Commission considers necessary to carry out its duties under this

section. The Commission may request the head of any State or local

department or agency to furnish such information to the Commission.

(i) Personnel Matters.--

(1) Travel expenses.--The members of the Commission shall be

allowed travel expenses, including per diem in lieu of

subsistence, at rates authorized for employees of agencies under

subchapter I of chapter 57 of title 5, United States Code, while

away from their homes or regular places of business in the

performance of service for the Commission.

(2) Detail of federal employees.--With the affirmative vote

of \2/3\ of the Commission, any Federal Government employee,

with the approval of the head of the appropriate Federal agency,

may be detailed to the Commission without reimbursement, and

such detail shall be without interruption or loss of civil

service status, benefits, or privileges.

(3) Procurement of temporary and intermittent services.--

Upon the request of the Commission, the Attorney General shall

provide reasonable and appropriate office space, supplies, and

administrative assistance.

(j) Contracts for Research.--

(1) National institute of justice.--With a \2/3\ affirmative

vote, the Commission may select nongovernmental researchers and

experts to assist the Commission in carrying out its duties

[[Page 117 STAT. 985]]

under this Act. The National Institute of Justice shall contract

with the researchers and experts selected by the Commission to

provide funding in exchange for their services.

(2) Other organizations.--Nothing in this subsection shall

be construed to limit the ability of the Commission to enter

into contracts with other entities or organizations for research

necessary to carry out the duties of the Commission under this

section.

(k) Subpoenas.--

(1) Issuance.--The Commission may issue subpoenas for the

attendance of witnesses and the production of written or other

matter.

(2) Enforcement.--In the case of contumacy or refusal to

obey a subpoena, the Attorney General may in a Federal court of

appropriate jurisdiction obtain an appropriate order to enforce

the subpoena.

(3) Confidentiality of documentary evidence.--Documents

provided to the Commission pursuant to a subpoena issued under

this subsection shall not be released publicly without the

affirmative vote of \2/3\ of the Commission.

(l) Authorization of Appropriations.--There are authorized to be

appropriated such sums as may be necessary to carry out this section.

(m) Termination.--The Commission shall terminate on the date that is

60 days after the date on which the Commission submits the reports

required by this section.

(n) Exemption.--The Commission shall be exempt from the Federal

Advisory Committee Act.

SEC. 8. <<NOTE: Deadlines. 42 USC 15607.>> ADOPTION AND EFFECT OF

NATIONAL STANDARDS.

(a) Publication of Proposed Standards.--

(1) Final rule.--Not later than 1 year after receiving the

report specified in section 7(d)(3), the Attorney General shall

publish a final rule adopting national standards for the

detection, prevention, reduction, and punishment of prison rape.

(2) Independent judgment.--The standards referred to in

paragraph (1) shall be based upon the independent judgment of

the Attorney General, after giving due consideration to the

recommended national standards provided by the Commission under

section 7(e), and being informed by such data, opinions, and

proposals that the Attorney General determines to be appropriate

to consider.

(3) Limitation.--The Attorney General shall not establish a

national standard under this section that would impose

substantial additional costs compared to the costs presently

expended by Federal, State, and local prison authorities. The

Attorney General may, however, provide a list of improvements

for consideration by correctional facilities.

(4) Transmission to states.--Within 90 days of publishing

the final rule under paragraph (1), the Attorney General shall

transmit the national standards adopted under such paragraph to

the chief executive of each State, the head of the department of

corrections of each State, and to the appropriate authorities in

those units of local government who oversee operations in one or

more prisons.

(b) Applicability to Federal Bureau of Prisons.--The national

standards referred to in subsection (a) shall apply to the

[[Page 117 STAT. 986]]

Federal Bureau of Prisons immediately upon adoption of the final rule

under subsection (a)(4).

(c) Eligibility for Federal Funds.--

(1) Covered programs.--

(A) In general.--For purposes of this subsection, a

grant program is covered by this subsection if, and only

if--

(i) the program is carried out by or under the

authority of the Attorney General; and

(ii) the program may provide amounts to States

for prison purposes.

(B) List.--For each fiscal year, the Attorney

General shall prepare a list identifying each program

that meets the criteria of subparagraph (A) and provide

that list to each State.

(2) Adoption of national standards.--For each fiscal year,

any amount that a State would otherwise receive for prison

purposes for that fiscal year under a grant program covered by

this subsection shall be reduced by 5 percent, unless the chief

executive of the State submits to the Attorney General--

(A) a certification that the State has adopted, and

is in full compliance with, the national standards

described in section 8(a); or

(B) an assurance that not less than 5 percent of

such amount shall be used only for the purpose of

enabling the State to adopt, and achieve full compliance

with, those national standards, so as to ensure that a

certification under subparagraph (A) may be submitted in

future years.

(3) <<NOTE: Deadline.>> Report on noncompliance.--Not later

than September 30 of each year, the Attorney General shall

publish a report listing each grantee that is not in compliance

with the national standards adopted pursuant to section 8(a).

(4) Cooperation with survey.--For each fiscal year, any

amount that a State receives for that fiscal year under a grant

program covered by this subsection shall not be used for prison

purposes (and shall be returned to the grant program if no other

authorized use is available), unless the chief executive of the

State submits to the Attorney General a certification that

neither the State, nor any political subdivision or unit of

local government within the State, is listed in a report issued

by the Attorney General pursuant to section 4(c)(2)(C).

(5) Redistribution of amounts.--Amounts under a grant

program not granted by reason of a reduction under paragraph

(2), or returned by reason of the prohibition in paragraph (4),

shall be granted to one or more entities not subject to such

reduction or such prohibition, subject to the other laws

governing that program.

(6) <<NOTE: Procedures.>> Implementation.--The Attorney

General shall establish procedures to implement this subsection,

including procedures for effectively applying this subsection to

discretionary grant programs.

(7) Effective date.--

(A) Requirement of adoption of standards.--The first

grants to which paragraph (2) applies are grants for the

second fiscal year beginning after the date on which the

national standards under section 8(a) are finalized.

[[Page 117 STAT. 987]]

(B) Requirement for cooperation.--The first grants

to which paragraph (4) applies are grants for the fiscal

year beginning after the date of the enactment of this

Act.

SEC. 9. <<NOTE: 42 USC 15608.>> REQUIREMENT THAT ACCREDITATION

ORGANIZATIONS ADOPT ACCREDITATION STANDARDS.

(a) Eligibility for Federal Grants.--Notwithstanding any other

provision of law, an organization responsible for the accreditation of

Federal, State, local, or private prisons, jails, or other penal

facilities may not receive any new Federal grants during any period in

which such organization fails to meet any of the requirements of

subsection (b).

(b) <<NOTE: Deadlines.>> Requirements.--To be eligible to receive

Federal grants, an accreditation organization referred to in subsection

(a) must meet the following requirements:

(1) At all times after 90 days after the date of enactment

of this Act, the organization shall have in effect, for each

facility that it is responsible for accrediting, accreditation

standards for the detection, prevention, reduction, and

punishment of prison rape.

(2) At all times after 1 year after the date of the adoption

of the final rule under section 8(a)(4), the organization shall,

in addition to any other such standards that it may promulgate

relevant to the detection, prevention, reduction, and punishment

of prison rape, adopt accreditation standards consistent with

the national standards adopted pursuant to such final rule.

SEC. 10. <<NOTE: 42 USC 15609.>> DEFINITIONS.

In this Act, the following definitions shall apply:

(1) Carnal knowledge.--The term ``carnal knowledge'' means

contact between the penis and the vulva or the penis and the

anus, including penetration of any sort, however slight.

(2) Inmate.--The term ``inmate'' means any person

incarcerated or detained in any facility who is accused of,

convicted of, sentenced for, or adjudicated delinquent for,

violations of criminal law or the terms and conditions of

parole, probation, pretrial release, or diversionary program.

(3) Jail.--The term ``jail'' means a confinement facility of

a Federal, State, or local law enforcement agency to hold--

(A) persons pending adjudication of criminal

charges; or

(B) persons committed to confinement after

adjudication of criminal charges for sentences of 1 year

or less.

(4) HIV.--The term ``HIV'' means the human immunodeficiency

virus.

(5) Oral sodomy.--The term ``oral sodomy'' means contact

between the mouth and the penis, the mouth and the vulva, or the

mouth and the anus.

(6) Police lockup.--The term ``police lockup'' means a

temporary holding facility of a Federal, State, or local law

enforcement agency to hold--

(A) inmates pending bail or transport to jail;

(B) inebriates until ready for release; or

(C) juveniles pending parental custody or shelter

placement.

[[Page 117 STAT. 988]]

(7) Prison.--The term ``prison'' means any confinement

facility of a Federal, State, or local government, whether

administered by such government or by a private organization on

behalf of such government, and includes--

(A) any local jail or police lockup; and

(B) any juvenile facility used for the custody or

care of juvenile inmates.

(8) Prison rape.--The term ``prison rape'' includes the rape

of an inmate in the actual or constructive control of prison

officials.

(9) Rape.--The term ``rape'' means--

(A) the carnal knowledge, oral sodomy, sexual

assault with an object, or sexual fondling of a person,

forcibly or against that person's will;

(B) the carnal knowledge, oral sodomy, sexual

assault with an object, or sexual fondling of a person

not forcibly or against the person's will, where the

victim is incapable of giving consent because of his or

her youth or his or her temporary or permanent mental or

physical incapacity; or

(C) the carnal knowledge, oral sodomy, sexual

assault with an object, or sexual fondling of a person

achieved through the exploitation of the fear or threat

of physical violence or bodily injury.

(10) Sexual assault with an object.--The term ``sexual

assault with an object'' means the use of any hand, finger,

object, or other instrument to penetrate, however slightly, the

genital or anal opening of the body of another person.

(11) Sexual fondling.--The term ``sexual fondling'' means

the touching of the private body parts of another person

(including the genitalia, anus, groin, breast, inner thigh, or

buttocks) for the purpose of sexual gratification.

(12) Exclusions.--The terms and conditions described in

paragraphs (9) and (10) shall not apply to--

(A) custodial or medical personnel gathering

physical evidence, or engaged in other legitimate

medical treatment, in the course of investigating prison

rape;

(B) the use of a health care provider's hands or

fingers or the use of medical devices in the course of

appropriate medical treatment unrelated to prison rape;

or

[[Page 117 STAT. 989]]

(C) the use of a health care provider's hands or

fingers and the use of instruments to perform body

cavity searches in order to maintain security and safety

within the prison or detention facility, provided that

the search is conducted in a manner consistent with

constitutional requirements.

Approved September 4, 2003.

LEGISLATIVE HISTORY--S. 1435:

---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 149 (2003):

July 21, considered and passed Senate.

July 25, considered and passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):

Sept. 4, Presidential statement.

<all>

7B. Omnibus Crime Control Act of 1968

DERIVATION

Title I

THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

(Public Law 90-351)

42 U.S.C. ' 3711, et seq.

AN ACT to assist State and local governments in reducing the incidence of crime, to increase the effectiveness, fairness, and coordination of law enforcement and criminal justice systems at all levels of government, and for other purposes.

As Amended By

THE OMNIBUS CRIME CONTROL ACT OF 1970

(Public Law 91-644)

THE CRIME CONTROL ACT OF 1973

(Public Law 93-83)

THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974

(Public Law 93-415)

THE PUBLIC SAFETY OFFICERS= BENEFITS ACT OF 1976

(Public Law 94-430)

THE CRIME CONTROL ACT OF 1976

(Public Law 94-503)

THE JUSTICE SYSTEM IMPROVEMENT ACT OF 1979

(Public Law 96-157)

THE JUSTICE ASSISTANCE ACT OF 1984

(Public Law 98-473)

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE ACT OF 1986

(Public Law 99-570-Subtitle K)

THE ANTI-DRUG ABUSE ACT OF 1988

TITLE VI, SUBTITLE C - STATE AND LOCAL NARCOTICS CONTROL

AND JUSTICE ASSISTANCE IMPROVEMENTS

(Public Law 100-690)

THE CRIME CONTROL ACT OF 1990

(Public Law 101-647)

BRADY HANDGUN VIOLENCE PROTECTION ACT

(Public Law 103-159)

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

(Public Law 103-322)

NATIONAL CHILD PROTECTION ACT OF 1993, AS AMENDED

(Public Law 103-209)

and

CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

(Public Law 105-251)

BUREAU OF JUSTICE STATISTICS

CHAPTER 46 - SUBCHAPTER III

[TITLE I - PART C]

42 USC ' 3731 [Sec. 301.] Statement of purpose

It is the purpose of this subchapter [part] to provide for and encourage the collection and analysis of statistical information concerning crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the civil justice system and to support the development of information and statistical systems at the Federal, State, and local levels to improve the efforts of these levels of government to measure and understand the levels of crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the civil justice system. The Bureau shall utilize to the maximum extent feasible State governmental organizations and facilities responsible for the collection and analysis of criminal justice data and statistics. In carrying out the provisions of this subchapter [part], the Bureau shall give primary emphasis to the problems of State and local justice systems.

42 USC ' 3732 [Sec. 302.] Bureau of Justice Statistics

(a) Establishment. There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Statistics (hereinafter referred to in this subchapter [part] as ABureau@).

(b) Appointment of Director; experience; authority; restrictions. The Bureau shall be headed by a Director appointed by the President, by and with the advice and consent of the Senate. The Director shall have had experience in statistical programs. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this Act.

(c) Duties and functions of Bureau. The Bureau is authorized toB

(1) make grants to, or enter into cooperative agreements or contracts with public agencies, institutions of higher education, private organizations, or private individuals for purposes related to this subchapter [part]; grants shall be made subject to continuing compliance with standards for gathering justice statistics set forth in rules and regulations promulgated by the Director;

(2) collect and analyze information concerning criminal victimization, including crimes against the elderly, and civil disputes;

(3) collect and analyze data that will serve as a continuous and comparable national social indication of the prevalence, incidence, rates, extent, distribution, and attributes of crime, juvenile delinquency, civil disputes, and other statistical factors related to crime, civil disputes, and juvenile delinquency, in support of national, State, and local justice policy and decisionmaking;

(4) collect and analyze statistical information, concerning the operations of the criminal justice system at the Federal, State, and local levels;

(5) collect and analyze statistical information concerning the prevalence, incidence, rates, extent, distribution, and attributes of crime, and juvenile delinquency, at the Federal, State, and local levels;

(6) analyze the correlates of crime, civil disputes and juvenile delinquency, by the use of statistical information, about criminal and civil justice systems at the Federal, State, and local levels, and about the extent, distribution and attributes of crime, and juvenile delinquency, in the Nation and at the Federal, State, and local levels;

(7) compile, collate, analyze, publish, and disseminate uniform national statistics concerning all aspects of criminal justice and related aspects of civil justice, crime, including crimes against the elderly, juvenile delinquency, criminal offenders, juvenile delinquents, and civil disputes in the various States;

(8) recommend national standards for justice statistics and for insuring the reliability and validity of justice statistics supplied pursuant to this chapter [title];

(9) maintain liaison with the judicial branches of the Federal and State Governments in matters relating to justice statistics, and cooperate with the judicial branch in assuring as much uniformity as feasible in statistical systems of the executive and judicial branches;

(10) provide information to the President, the Congress, the judiciary, State and local governments, and the general public on justice statistics;

(11) establish or assist in the establishment of a system to provide State and local governments with access to Federal informational resources useful in the planning, implementation, and evaluation of programs under this Act;

(12) conduct or support research relating to methods of gathering or analyzing justice statistics;

(13) provide for the development of justice information systems programs and assistance to the States and units of local government relating to collection, analysis, or dissemination of justice statistics;

(14) develop and maintain a data processing capability to support the collection, aggregation, analysis and dissemination of information on the incidence of crime and the operation of the criminal justice system;

(15) collect, analyze and disseminate comprehensive Federal justice transaction statistics (including statistics on issues of Federal justice interest such as public fraud and high technology crime) and to provide technical assistance to and work jointly with other Federal agencies to improve the availability and quality of Federal justice data;

(16) provide for the collection, compilation, analysis, publication and dissemination of information and statistics about the prevalence, incidence, rates, extent, distribution and attributes of drug offenses, drug related offenses and drug dependent offenders and further provide for the establishment of a national clearinghouse to maintain and update a comprehensive and timely data base on all criminal justice aspects of the drug crisis and to disseminate such information;

(17) provide for the collection, analysis, dissemination and publication of statistics on the condition and progress of drug control activities at the Federal, State and local levels with particular attention to programs and intervention efforts demonstrated to be of value in the overall national anti‑ drug strategy and to provide for the establishment of a national clearinghouse for the gathering of data generated by Federal, State, and local criminal justice agencies on their drug enforcement activities;

(18) provide for the development and enhancement of State and local criminal justice information systems, and the standardization of data reporting relating to the collection, analysis or dissemination of data and statistics about drug offenses, drug related offenses, or drug dependent offenders;

(19) provide for research and improvements in the accuracy, completeness, and inclusiveness of criminal history record information, information systems, arrest warrant, and stolen vehicle record information and information systems and support research concerning the accuracy, completeness, and inclusiveness of other criminal justice record information;

(20) maintain liaison with State and local governments and governments of other nations concerning justice statistics;

(21) cooperate in and participate with national and international organizations in the development of uniform justice statistics;

(22) ensure conformance with security and privacy requirement of section 3789g of this title and identify, analyze, and participate in the development and implementation of privacy, security and information policies which impact on Federal and State criminal justice operations and related statistical activities; and

(23) exercise the powers and functions set out in subchapter VIII [part H] of this chapter [title].

(d) Justice statistical collection, analysis, and dissemination. To insure that all justice statistical collection, analysis, and dissemination is carried out in a coordinated manner, the Director is authorized toB

(1) utilize, with their consent, the services, equipment, records, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor, and to enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis;

(2) confer and cooperate with State, municipal, and other local agencies;

(3) request such information, data, and reports from any Federal agency as may be required to carry out the purposes of this chapter [title];

(4) seek the cooperation of the judicial branch of the Federal Government in gathering data from criminal justice records; and

(5) encourage replication, coordination and sharing among justice agencies regarding information systems, information policy, and data.

(e) Furnishing of information, data, or reports by Federal agencies. Federal agencies requested to furnish information, data, or reports pursuant to subsection (d)(3) of this section shall provide such information to the Bureau as is required to carry out the purposes of this section.

(f) Consultation with representatives of State and local government and judiciary. In recommending standards for gathering justice statistics under this section, the Director shall consult with representatives of State and local government, including, where appropriate, representatives of the judiciary.

42 USC ' 3733 [Sec. 303.] Authority for 100 per centum grants

A grant authorized under this subchapter [part] may be up to 100 per centum of the total cost of each project for which such grant is made. The Bureau shall require, whenever feasible as a condition of approval of a grant under this subchapter [part] , that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is sought.

42 USC ' 3735 [Sec. 304.] Use of data

Data collected by the Bureau shall be used only for statistical or research purposes, and shall be gathered in a manner that precludes their use for law enforcement or any purpose relating to a particular individual other than statistical or research purposes.

42 USC ' 3789g [Sec. 812.] Confidentiality of information

(a) Research of statistical information; immunity from process; prohibition against admission as evidence or use in any proceedings. Except as provided by Federal law other than this chapter, no officer or employee of the Federal Government, and no recipient of assistance under the provisions of this chapter shall use or reveal any research or statistical information furnished under this chapter by any person and identifiable to any specific private person for any purpose other than the purpose for which it was obtained in accordance with this chapter. Such information and copies thereof shall be immune from legal process, and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceedings.

(b) Criminal history information; disposition and arrest data; procedures for collection, storage, dissemination, and current status; security and privacy; availability for law enforcement, criminal justice, and other lawful purposes; automated systems: review, challenge, and correction of information. All criminal history information collected, stored, or disseminated through support under this chapter shall contain, to the maximum extent feasible, disposition as well as arrest data where arrest data is included therein. The collection, storage, and dissemination of such information shall take place under procedures reasonably designed to insure that all such information is kept current therein; the Office of Justice Programs shall assure that the security and privacy of all information is adequately provided for and that information shall only be used for law enforcement and criminal justice and other lawful purposes. In addition, an individual who believes that criminal history information concerning him contained in an automated system is inaccurate, incomplete, or maintained in violation of this chapter, shall, upon satisfactory verification of his identity, be entitled to review such information and to obtain a copy of it for the purpose of challenge or correction.

(c) Criminal intelligence systems and information; prohibition against violation of privacy and constitutional rights of individuals. All criminal intelligence systems operating through support under this chapter shall collect, maintain, and disseminate criminal intelligence information in conformance with policy standards which are prescribed by the Office of Justice Programs and which are written to assure that the funding and operation of these systems furthers the purpose of this chapter and to assure that such systems are not utilized in violation of the privacy and constitutional rights of individuals.

(d) Violations; fine as additional penalty. Any person violating the provisions of this section, or of any rule, regulation, or order issued thereunder, shall be fined not to exceed $10,000, in addition to any other penalty imposed by law.