Short title

This Act may be cited as the

Death in Custody Reporting Act of 2008

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 prison, boot camp prison 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)

Definitions

In this section the terms boot camp prison and State have the meaning given those terms, respectively, in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)).

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 prison, boot camp prison 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.