[House Report 110-512]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-512
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DEATH IN CUSTODY REPORTING ACT OF 2007
_______
January 18, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3971]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 3971) to encourage States to report to the Attorney
General certain information regarding the deaths of individuals
in the custody of law enforcement agencies, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 6
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 6
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death in Custody Reporting Act of
2007''.
SEC. 2. INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY OF LAW
ENFORCEMENT.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (b)(1) in which a State receives funds
for a program referred to in subsection (b)(2), the State shall report
to the Attorney General, on a quarterly basis and pursuant to
guidelines established by the Attorney General, information regarding
the death of any person who is detained, under arrest, or is in the
process of being arrested, is en route to be incarcerated, or is
incarcerated at a municipal or county jail, State prison, State-run
boot camp, boot camp that is contracted out by the State, any State or
local contract facility, or other local or State correctional facility
(including any juvenile facility) that, at a minimum, includes--
(1) the name, gender, race, ethnicity, and age of the
deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or
was in the process of arresting the deceased; and
(4) a brief description of the circumstances surrounding
the death.
(b) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than
30 days from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional 30
days to a State that is making good faith efforts to
comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a) shall not receive 10
percent of the funds that would otherwise be allocated for that
fiscal year to the State under subpart 1 of part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.), whether characterized as the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(c) Reallocation.--Amounts not allocated under a program referred
to in subsection (b)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
(d) Definition.--In this section, the term ``State'' has the same
meaning given that term in section 901 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791).
SEC. 3. STUDY OF INFORMATION RELATING TO DEATHS IN CUSTODY.
(a) Study Required.--The Attorney General shall, subject to the
availability of appropriations under subsection (d), through grant or
contract, provide for a study of the information reported under section
2 (regarding the death of any person who is detained, under arrest, or
is in the process of being arrested, is en route to be incarcerated, or
is incarcerated at a municipal or county jail, State prison, State-run
boot camp, boot camp that is contracted out by the State, any State or
local contract facility, or other local or State correctional facility
(including any juvenile facility)) to--
(1) determine means by which such information can be used
to reduce the number of such deaths; and
(2) examine the relationship, if any, between the number of
such deaths and the actions of management of such jails,
prisons, and other correctional facilities relating to such
deaths.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Attorney General shall prepare and submit to Congress
a report that contains the findings of the study required by subsection
(a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for fiscal year 2009.
Funds appropriated under this subsection shall remain available until
expended.
Purpose and Summary
The purpose of H.R. 3971, the ``Death in Custody Reporting
Act of 2007,'' is to lower prisoner mortality rates by
promoting greater safety. To this end, the bill requires States
that receive certain criminal justice assistance grants to
report on a quarterly basis to the Attorney General specified
information regarding the death of any person who is under
arrest, in the process of being arrested, en route to
incarceration after arrest, or incarcerated in State or local
facilities. H.R. 3971 also requires the Attorney General to
study and report to Congress on deaths of persons in custody.
The report must identify best practices for optimizing prisoner
safety and lowering prisoner mortality rates.
Background and Need for the Legislation
H.R. 3971 reauthorizes the Death in Custody Reporting Act
of 2000, which expired in December 2006.\1\ Prior to the
enactment of the Death in Custody Reporting Act of 2000, States
had no uniform requirements for reporting the circumstances
surrounding the death of persons held in custody. The lack of
uniform reporting requirements made it impossible to ascertain
the number of prisoner deaths resulting from suicide, homicide,
or natural causes, which in turn made oversight of prisoner
treatment inadequate at the very least. Consequently, an
environment of suspicion arose surrounding the approximately
1,000 deaths that were believed to have occurred in jails and
prisons each year, which prompted researcher and activist
scrutiny of jail and prison conditions from the 1960's to the
1980's. For example, one study examining the death rate in
jails and prisons published in 1988 found very little reporting
of the circumstances surrounding prisoners' deaths.\2\ In fact,
by 1986, only 25 States and the District of Columbia had jail
inspection units.\3\ Moreover, States that did report deaths
generally differed on basic reporting standards. For example,
jurisdictions differed on the definition of ``custody,'' which
made it difficult to determine whether a prisoner died during
arrest, while in jail before trial, or post-conviction.\4\ The
insufficient data and lack of uniformity of the data collected
served to make oversight of prisoner safety highly problematic.
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\1\Pub. L. No. 106-297, 114 Stat. 1045 (2000).
\2\Lisa M. Hayes & Joseph R. Rowan, National Study of Jail
Suicides: Seven Years Later, The National Center on Institutions and
Alternatives (Feb. 1988).
\3\Id.
\4\Id.
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Nevertheless, the 1988 study highlighted the potential
value that oversight presented with respect to improving
conditions. It noted that in the 1970's, when there was little
or no focus on deaths in custody, it was unusual for a jail to
be sued for negligence when a prisoner died in custody.\5\ By
the 1980's, however, it was unusual for a jail not to be sued
under those circumstances,\6\ as increased interest in
oversight shed light on conditions in State and local jails and
helped provide support for wrongful death suits. The increasing
litigation forced some measure of accountability, and
conditions somewhat improved. Moreover, activism and news of
the litigation spurred media interest, which shed further light
on conditions and prompted Congressional action.
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\5\Id.
\6\Id.
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Legislation addressing this problem was introduced by
Representatives Bobby Scott (D-VA) and Asa Hutchinson (R-AK) in
several Congresses. Finally, the Death in Custody Reporting Act
of 2000 was enacted, which required States receiving grants to
comply with reporting requirements established by the Attorney
General. Since the enactment of this Act, the Bureau of Justice
Statistics (BJS) has compiled statistics detailing not only the
circumstances of prisoner deaths, but the rates of deaths in
prisons and jails, as well as the rates broken out by size of
the various facilities.
With the detailed statistical data, policy makers, both
State and Federal, can make informed policy judgments about the
treatment of prisoners leading to great success in lowering the
prisoner death rate. In fact, since the focus on deaths in
custody emerged in the mid-1980's, the latest BJS report, dated
August 2005, shows a 64% decline in suicides and a 93% decline
in the homicide rate.\7\
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\7\Christopher Mumola, Suicide and Homicide in State Prisons and
Local Jails, U.S. Department of Justice Office of Justice Programs--
Bureau of Justice Statistics Special Report (Aug. 2005).
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These results underscore the benefits of continuing to
collect these statistics, which will be accomplished by the
enactment of H.R. 3971.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on July 24, 2007.
Testimony was received from Charles Sullivan, Director of
National CURE; Jeffrey Sedgwick, Director of the U.S.
Department of Justice Bureau of Justice Statistics; Jenni
Gainsborough, Director of the Washington Office of Penal Reform
International; and Mary Scott, surviving mother of Jonathan
Magbie, who died while in the custody of the District of
Columbia Jail on September 20, 2004.
Committee Consideration
On November 1, 2007, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered the bill
H.R. 3971 favorably reported by voice vote without amendment, a
quorum being present. On November 7, 2007, the Committee met in
open session and ordered the bill H.R. 3971 favorably reported
with an amendment by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 3971.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3971, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 14, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3971, the Death in
Custody Reporting Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 3971--Death in Custody Reporting Act of 2007.
H.R. 3971 would authorize the appropriation of $500,000 in
fiscal year 2009 for the Department of Justice to conduct a
study on deaths that occur while individuals are in the custody
of state or local law enforcement agencies. CBO estimates that
implementing the bill would cost $500,000 over the 2009-2010
period. Enacting H.R. 3971 would not affect direct spending or
revenues.
H.R. 3971 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Keith Fontenot, Deputy Assistant Director for Health and Human
Resources, Budget Analysis Division.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
3971 will help promote prison safety and lower prison and jail
mortality rates.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, Section 8 of the Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1943 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Death in Custody Reporting Act of 2007.''
Sec. 2. Information Regarding Individuals Who Die in the
Custody of Law Enforcement. Section 2 requires a State that
receives certain funding to report on a quarterly basis to the
Attorney General information regarding the death of any person
who is detained, under arrest, or in the process of being
arrested, en route to be incarcerated, or incarcerated at a
municipal or county jail, State prison, State-run boot camp,
and certain other correctional facilities. It also details the
information that must be included in the report. Should a State
fail to comply with this requirement, section 2 mandates that
such State shall not receive 10 percent of the funds that would
otherwise be allocated for the fiscal year to the State under
subpart 1 of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968,\8\ whether characterized as the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Local Government Law Enforcement Block
Grants Program, the Edward Byrne Memorial Justice Assistance
Grant Program, or otherwise. These funds are to be reallocated
to States that have complied with section 2.
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\8\42 U.S.C. Sec. Sec. 3750 et seq.
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Sec. 3. Study of Information Relating to Deaths in Custody.
Section 3 requires the Attorney General to study and report to
Congress on deaths of persons in custody and authorizes
$500,000 for the study.