PRIA, Government Policy, Made Personal

Summary

The Attorney General must create rules and best practices for using non-invasive, non-permanent tracking devices within 180 days after March 23, 2018. He must work with the Secretary of Health and Human Services and major research and advocacy groups. The rules must say who should get a device, who can directly access the tracking system, and which device types are allowed. The rules must protect privacy by limiting data access to law enforcement and health agencies the Attorney General finds necessary, and by allowing data collection and retention only to prevent injury or death to the person wearing the device. The rules must also require that a device is the least restrictive option, require police training to spot signs of abuse, protect civil rights (including the Fourth Amendment and Title VII), set up complaint and investigation procedures (including for use over a person’s objection), and define the role of State agencies. The rules take effect 90 days after they are published. Any group that gets the specific grants tied to this program must follow these rules. The Attorney General, with the Health and Human Services Secretary, will check compliance. These rules apply only to the grants created by this law. Federal agencies must not use tracking data to build a database. Parents or guardians cannot be forced to use a tracking device if they do not think it is necessary.

Title 34, §12623

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(a)Establishment

(1)In general

Not later than 180 days after March 23, 2018, the Attorney General, in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations, shall establish standards and best practices relating to the use of non-invasive and non-permanent tracking technology, where a guardian or parent has determined that a non-invasive and non-permanent tracking device is the least restrictive alternative, to locate individuals as described in subsection (a)(2) of section 12621 of this title, as added by this Act.

(2)Requirements

In establishing the standards and best practices required under paragraph (1), the Attorney General shall—

(A)determine—

(i)the criteria used to determine which individuals would benefit from the use of a tracking device;

(ii)the criteria used to determine who should have direct access to the tracking system; and

(iii)which non-invasive and non-permanent types of tracking devices can be used in compliance with the standards and best practices; and

(B)establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures to—

(i)safeguard the privacy of the data used by the tracking device such that—

(I)access to the data is restricted to law enforcement and health agencies determined necessary by the Attorney General; and

(II)collection, use, and retention of the data is solely for the purpose of preventing injury to or death of the individual wearing the tracking device;

(ii)establish criteria to determine whether use of the tracking device is the least restrictive alternative in order to prevent risk of injury or death before issuing the tracking device, including the previous consideration of less restrictive alternatives;

(iii)provide training for law enforcement agencies to recognize signs of abuse during interactions with applicants for tracking devices;

(iv)protect the civil rights and liberties of the individuals who use tracking devices, including their rights under the Fourth Amendment to the Constitution of the United States and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);

(v)establish a complaint and investigation process to address—

(I)incidents of noncompliance by recipients of grants under subsection (a)(2) of section 12621 of this title, as added by this Act, with the best practices established by the Attorney General or other applicable law; and

(II)use of a tracking device over the objection of an individual; and

(vi)determine the role that State agencies should have in the administration of a tracking system.

(3)Effective date

The standards and best practices established pursuant to paragraph (1) shall take effect 90 days after publication of such standards and practices by the Attorney General.

(b)Required compliance

(1)In general

Each entity that receives a grant under subsection (a)(2) of section 12621 of this title, as added by this Act, shall comply with any standards and best practices relating to the use of tracking devices established by the Attorney General in accordance with subsection (a).

(2)Determination of compliance

The Attorney General, in consultation with the Secretary of Health and Human Services, shall determine whether an entity that receives a grant under subsection (a)(2) of section 12621 of this title, as added by this Act, acts in compliance with the standards and best practices described in paragraph (1).

(c)Applicability of standards and best practices

The standards and best practices established by the Attorney General under subsection (a) shall apply only to the grant programs authorized under subsection (a)(2) of section 12621 of this title, as added by this Act.

(d)Limitations on program

(1)Data storage

Any tracking data provided by tracking devices issued under this program may not be used by a Federal entity to create a database.

(2)Voluntary participation

Nothing in this Act may be construed to require that a parent or guardian use a tracking device to monitor the location of a child or adult under that parent or guardian’s supervision if the parent or guardian does not believe that the use of such device is necessary or in the interest of the child or adult under supervision.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, means div. Q of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 1115, known as Kevin and Avonte’s Law of 2018. For complete classification of div. Q to the Code, see section 1 of div. Q of Pub. L. 115–141, set out as a

Short Title

of 2018 Amendment note under section 10101 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (a)(2)(B)(iv), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000a of Title 42 and Tables. Codification Section was enacted as part of Kevin and Avonte’s Law of 2018, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Violent Crime Control and Law

Enforcement

Act of 1994 which enacted this chapter.

Statutory Notes and Related Subsidiaries

Definitions Pub. L. 115–141, div. Q, title III, § 301, Mar. 23, 2018, 132 Stat. 1120, provided that: “In this title [enacting this section]: “(1) Child.—The term ‘child’ means an individual who is less than 18 years of age. “(2) Indian tribe.—The term ‘Indian tribe’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). “(3) Law

Enforcement

agency.—The term ‘law

Enforcement

agency’ means an agency of a State, unit of local government, or Indian tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. “(4) Non-invasive and non-permanent.—The term ‘non-invasive and non-permanent’ means, with regard to any technology or device, that the procedure to install the technology or device does not create an external or internal marker or implant a device, such as a microchip, or other trackable items. “(5) State.—The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. “(6) Unit of local government.—The term ‘unit of local government’ means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.”

§12623 Standards and Best Practices for Use of Non-invasive and Non-permanent Tracking Devices

Summary

Title 34, §12623

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Enforcement

Statutory Notes and Related Subsidiaries

Enforcement

Enforcement

Citations & Metadata