To implement the recommendations of the Inspector General of the Department of the Interior regarding Indian Tribal detention facilities.

July 22, 2004

Mr. CAMPBELL introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

To implement the recommendations of the Inspector General of the Department of the Interior regarding Indian Tribal detention facilities.

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 `Indian Tribal Detention Facility Reform Act of 2004'.

SEC. 2. DEFINITIONS.

Section 2 of the Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended to read as follows:

`SEC. 2. DEFINITIONS.

`In this Act:

`(1) BRANCH OF CRIMINAL INVESTIGATIONS- The term `Branch of Criminal Investigations' means the entity the Secretary is required to establish within the Division of Law Enforcement Services under section 3(d)(1).

`(2) BRANCH OF DETENTION SERVICES- The term `Branch of Detention Services' means the entity that the Secretary is required to establish within the Division of Law Enforcement Services under section 3(f)(1).

`(3) BUREAU- The term `Bureau' means the Bureau of Indian Affairs of the Department of the Interior.

`(4) COMPLEMENTARY FACILITY-

`(A) IN GENERAL- The term `complementary facility' means a facility for the provision of additional or necessary services to detainees as a result of their being in custody.

`(B) INCLUSION- The term `complementary facility' includes a detoxification center, protective custody cell, shelter care facility, community treatment center, halfway house, or any similar facility.

`(5) DETAINEE- The term `detainee' means an individual who is held in a detention facility for any period of time.

`(6) DETENTION FACILITY- The term `detention facility' means a facility for holding of individuals for correctional, intergovernmental, or other custodial purposes that is--

`(A) operated by the Bureau; or

`(B) operated by an Indian tribe under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

`(7) DIVISION OF LAW ENFORCEMENT SERVICES- The term `Division of Law Enforcement Services' means the entity established within the Bureau under section 3(b).

`(8) EMPLOYEE OF THE BUREAU- The term `employee of the Bureau' includes an officer of the Bureau.

`(9) ENFORCEMENT OF A LAW- The term `enforcement of a law' includes the prevention, detection, and investigation of an offense and the detention or confinement of an offender.

`(10) INDIAN COUNTRY- The term `Indian country' has the meaning given the term in section 1151 of title 18, United States Code.

`(11) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 201 of Public Law 90-284 (commonly known as the `Civil Rights Act of 1968') (25 U.S.C. 1301).

`(12) OFFENSE- The term `offense' means an offense against the United States, including a violation of a Federal regulation relating to part or all of Indian country.

`(13) SECRETARY- The term `Secretary' means the Secretary of the Interior.

`(14) SERIOUS INCIDENT-

`(A) IN GENERAL- The term `serious incident' means an occurrence, event, activity, or other incident that results in--

`(i) a risk of harm or actual harm to an individual or the community; or

`(ii) serious damage to property.

`(B) INCLUSION- The term `serious incident' includes all incidents relating to detainee deaths or injuries, suicides, attempted suicides, escapes, and officer safety issues.'.

SEC. 3. BRANCH OF DETENTION SERVICES.

Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended--

(1) in subsection (d)(4), by striking `Area' each place it appears and inserting `Regional'; and

(2) by adding at the end the following:

`(f) BRANCH OF DETENTION SERVICES-

`(1) ESTABLISHMENT- The Secretary shall establish within the Division of Law Enforcement Services a separate Branch of Detention Services.

`(2) DUTIES- The Branch of Detention Services--

`(A) except as prohibited by other Federal law, shall be responsible for the detention, confinement, and corrections of offenders within Indian country;

`(B) shall not be primarily responsible for routine law enforcement, criminal investigations, or police operations in Indian country; and

`(C) under an interagency agreement between the Secretary and Attorney General and subject to such guidelines as the appropriate agencies or officials of the Department of Justice may adopt, may be responsible for temporarily detaining individuals for the purpose of Federal prosecution, immigration, or transportation, or any other detention purpose.

`(3) REGULATIONS- The Secretary shall promulgate regulations establishing a procedure for active cooperation and consultation of the detention services employees of the Branch of Detention Services assigned to an Indian reservation with the governmental, law enforcement, and detention officials of the Indian tribes located on the Indian reservation.

`(4) PERSONNEL-

`(A) SUPERVISION AND DIRECTION- Personnel of the Branch of Detention Services--

`(i) shall be subject only to the supervision and direction of the law enforcement personnel or personnel of the Branch of Detention Services or of the Division, as the Secretary considers appropriate; and

`(ii) shall not be subject to the supervision of the Bureau Agency Superintendent or Bureau Regional Director.

`(B) EFFECT OF PARAGRAPH- Nothing in this paragraph--

`(i) precludes cooperation, coordination, or consultation, as appropriate, with non-law enforcement Bureau personnel at the agency or regional level; or

`(ii) restricts the right of an Indian tribe to contract a detention program under the authority of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or to maintain its own detention operations.

`(C) REESTABLISHMENT OF AUTHORITY-

`(i) REQUEST- After the date that is 1 year after the date of establishment of the Branch of Detention Services, any Indian tribe may, by resolution of the governing body of the Indian tribe, request the Secretary to reestablish authority over detention of members of the Indian tribe directly through the Agency Superintendent or Bureau Regional Office Director rather than through the Branch of Detention Services.

`(ii) APPROVAL- In the absence of good cause to the contrary, the Secretary, on receipt of a resolution under clause (i), shall reestablish the authority as requested by the Indian tribe.'.

SEC. 4. FUNDING.

Section 9 of the Indian Law Enforcement Reform Act (25 U.S.C. 2808) is amended--

(1) by striking the section heading and all that follows through `Any expenses' and inserting the following:

`SEC. 9. FUNDING.

`(a) IN GENERAL- Any expenses'; and

(2) by adding at the end the following:

`(b) AVAILABILITY- Funds made available to carry out this Act shall remain available until expended.'.

SEC. 5. DETENTION REFORM AND REVIEW.

The Indian Law Enforcement Reform Act is amended by inserting after section 10 (25 U.S.C. 2809) the following:

`SEC. 10A. DETENTION REFORM.

`(a) FINDINGS- Congress finds that--

`(1) there are 74 detention facilities in Indian country;

`(2) serious deficiencies in Indian country detention have arisen, including--

`(A) poor facility conditions;

`(B) lack of staff training;

`(C) understaffing; and

`(D) lack of detention facility administration and other operational standards, or failure to comply with any such standards;

`(3) those deficiencies create a dangerous and potentially life-threatening situation for detainees and detention personnel;

`(4) the April 2004 interim report of the Inspector General of the Department of the Interior found that deaths, escapes, and assaults on correctional officers have occurred at several detention facilities in Indian country as a result of those deficiencies;

`(5) the Division of Law Enforcement Services has responsibility for both law enforcement and detention services, but no clear lines of authority for detention services;

`(6) existing Federal law does not provide clear lines of authority or standards for detention services in Indian country; and

`(7) clear authority and standards are needed to assist detention and law enforcement officials in--

`(A) meeting the principal goals of Indian country law enforcement and detention;

`(B) protecting life and property; and

`(C) reducing crime and recidivism rates.

`(b) REPORTING PROTOCOLS FOR SERIOUS INCIDENTS-

`(1) IN GENERAL- Not later than 270 days after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, the Bureau shall develop and implement protocols to ensure that all serious incidents occurring at a detention facility are reported promptly through an established chain of command.

`(2) REPORTING OF ESCAPES TO LAW ENFORCEMENT AUTHORITIES- The protocols shall ensure that each incident involving an escape of a detainee from a detention facility is reported immediately to the appropriate Federal, State, tribal, and local law enforcement authorities.

`(3) PRELIMINARY INQUIRIES INTO SERIOUS INCIDENTS-

`(A) IN GENERAL- The Division of Law Enforcement Services shall conduct a preliminary inquiry of any serious incident to determine whether a full investigation is warranted.

`(B) FINDINGS- All findings made in conducting preliminary inquiries under subparagraph (A) shall be reported to the Division of

Law Enforcement Services and the Assistant Secretary of the Interior for Indian Affairs.

`(4) DETENTION FACILITIES STAFFING REVIEW- The Bureau shall--

`(A) not later than 90 days after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, conduct a review of the staffing needs at all detention facilities; and

`(B) update that review annually.

`(c) REGULATIONS- Not later than 1 year after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, the Secretary, after consultation with the Attorney General, shall promulgate regulations to carry out subsections (a) and (b).

`(d) DETENTION FACILITIES REVIEW-

`(1) IN GENERAL-

`(A) CONSULTATION- Not later than 1 year after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, in consultation with Indian tribes to the extent practicable, the Bureau shall complete an assessment of the physical conditions and needs of all detention facilities.

`(B) REPORT- Not later than 15 months after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, the Bureau shall--

`(i) submit to the Committee on Indian Affairs and the Committee on Appropriations of the Senate and the Committee on Resources and the Committee on Appropriations of the House of Representatives a report that describes the results of the assessment under subparagraph (A); and

`(ii) make the report available to Indian tribal governments.

`(2) DATA AND METHODOLOGIES- In preparing the report under paragraph (1), the Bureau shall use--

`(A) the existing Department of Justice Federal Bureau of Prisons formula for determining the condition and adequacy of Department of Justice detention facilities, including operational standards;

`(B) data relating to conditions at detention facilities that have previously been compiled, collected, or secured from any source derived, so long as the data are accurate, relevant, timely, and necessary to preparation of the report; and

`(C) the methodologies of the American Institute of Architects or other accredited and reputable architecture or engineering associations responsible for detention facility construction.

`(3) CONTENTS- The report shall include--

`(A) a catalog of the condition of detention facilities that--

`(i) identifies the existing detention and complementary facilities and any detention and complementary facilities that do not exist but are needed, taking into consideration--

`(I) the size of a detention facility or complementary facility;

`(II) the number of detainees in a facility;

`(III) the age and condition of a facility;

`(IV) interjurisdictional detention needs;

`(V) staff needs; and

`(VI) prisoner isolation and transportation needs;

`(ii) establishes a routine maintenance schedule for each facility;

`(iii) identifies staffing and operational needs of existing and needed facilities; and

`(iv) provides specific cost estimates needed to repair, renovate, lease or construct any new, existing or additional detention facilities or complementary facilities;

`(B) a detailed plan to bring all detention facilities and complementary facilities into compliance with applicable standards that includes--

`(i) detailed information on the status of each facility's compliance with the standards;

`(ii) specific cost estimates for meeting the standards at each facility; and

`(iii) specific timelines for bringing each facility into compliance with the standards;

`(C) an assessment of the feasibility of developing regional detention facilities, taking into consideration the factors identified in subparagraph (A)(i) and a comparison of costs and benefits of regional facilities versus individual tribal facilities; and

`(D) an assessment of the feasibility of tribal operation of the facilities identified under subparagraphs (A)(i) and (C) under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including--

`(i) any cost savings that would result from tribal rather than Federal operation of the facilities; and

`(ii) a comparison of costs and benefits arising from individual tribal operation versus contracting detention services with State or local facilities.

`(4) EFFECT OF SUBSECTION- Nothing in this subsection requires termination of the operations of any facility that fails to comply with standards described in subparagraph (B).

`(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $500,000, to remain available until expended.'.

END