Standards and best practices for use of non-invasive and non-permanent tracking devices
Establishment
In general
Requirements
In establishing the standards and best practices required under paragraph (1), the Attorney General shall—
determine—
the criteria used to determine which individuals would benefit from the use of a tracking device;
the criteria used to determine who should have direct access to the tracking system; and
which non-invasive and non-permanent types of tracking devices can be used in compliance with the standards and best practices; and
establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures to—
safeguard the privacy of the data used by the tracking device such that—
access to the data is restricted to law enforcement and health agencies determined necessary by the Attorney General; and
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;
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;
provide training for law enforcement agencies to recognize signs of abuse during interactions with applicants for tracking devices;
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.);
establish a complaint and investigation process to address—
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
use of a tracking device over the objection of an individual; and
determine the role that State agencies should have in the administration of a tracking system.
Effective date
Required compliance
In general
Determination of compliance
Applicability of standards and best practices
Limitations on program
Data storage
Voluntary participation
Notes
References in Text
Codification
Definitions
Child.—
The term ‘child’ means an individual who is less than 18 years of age.
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)).
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.
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.
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.
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.”