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Jake's Law – Original Citizen Draft

A Bill Regarding Background and Warrant Checks for Convicts and Criminal Suspects

Be it enacted that:

Section 1.  Individuals, whether convicted or being held on “suspicion” of charges, will not be released from any correctional/law enforcement institution prior to having a records check conducted by an authorized member of the said correctional/law enforcement institution.

Section 2.  Individuals, whether convicted or being held on “suspicion” of charges, will not be transferred from one correctional/law enforcement institution to another prior to having a records check conducted by an authorized member of the said correctional/law enforcement institution.

Section 3.  Any individual whose records check indicates “pending” charges or warrants will not be released from any correctional/law enforcement institution until those charges/warrants are addressed.

Section 4.  Any individual whose records check indicates “pending” charges or warrants will not be transferred to another correctional/law enforcement institution unless a copy of those charges or warrants accompanies the said individual and the receiving institute is notified in advance of the existing charges and/or warrants.

Section 5.  All correctional/law enforcement institutions will have access to a common database housing all information pertaining to “pending” charges/warrants on any convicted or “charged” individual. This database will be updated immediately when an individual is released from or transferred between correctional/law enforcement institutions.

Section 6.  If an authorized member of the said correctional/law enforcement institution fails to perform a records check which results in the “accidental” release of a convicted or “suspected” criminal, that individual will immediately be placed on suspension from his/her job, an internal investigation will be conducted, and the investigative results will be reviewed. If investigative results determine that the said individual was negligent, this will result in disciplinary action, up to and including immediate termination of employment. Any authorized member of the said correctional/law enforcement institution whose negligence results in the harm or death of another citizen will face prosecution by the U.S. Justice Department.

Section 7.  This legislation shall become effective on the first day of September 2000.

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