View all text of Subchapter X [§ 12621 - § 12623]
§ 12623. Standards and best practices for use of non-invasive and non-permanent tracking devices
(a) Establishment
(1) In general
(2) RequirementsIn 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
(b) Required compliance
(1) In general
(2) Determination of compliance
(c) Applicability of standards and best practices
(d) Limitations on program
(1) Data storage
(2) Voluntary participation
(Pub. L. 115–141, div. Q, title III, § 302, Mar. 23, 2018, 132 Stat. 1121.)