1.This Act may be cited as the
Death in Custody Reporting Act of
2011
.
2.State information
regarding individuals who die in the custody of law enforcement
(a)For each fiscal year
after the expiration of the period specified in subsection (c)(1) in which a
State receives funds for a program referred to in subsection (c)(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).
(b)The report required by this section shall contain
information 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.
(c)Compliance and
Ineligibility
(1)Each State shall have not more than 120 days from the date
of enactment of this Act to comply with subsection (a), except that—
(A)the Attorney
General may grant an additional 120 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)For any fiscal year
after the expiration of the period specified in paragraph (1), a State that
fails to comply with subsection (a), shall, at the discretion of the Attorney
General, be subject to not more than a 10 percent reduction 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.
(d)Amounts not allocated under a program
referred to in subsection (c)(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.
(e)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)).
(f)Study and report
of information relating to deaths in custody
(1)The Attorney General
shall carry out a study of the information reported under subsection (b) and
section 3(a) to—
(A)determine means by which such information
can be used to reduce the number of such deaths; and
(B)examine the relationship, if any, between
the number of such deaths and the actions of management of such jails, prisons,
and other specified facilities relating to such deaths.
(2)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 paragraph
(1).
3.Federal law
enforcement death in custody reporting requirement
(a)For each fiscal year (beginning after the date that is
120 days after the date of the enactment of this Act), the head of each Federal
law enforcement agency shall submit to the Attorney General a report (in such
form and manner specified by the Attorney General) that contains information
regarding the death of any person who is—
(1)detained, under
arrest, or is in the process of being arrested by any officer of such Federal
law enforcement agency (or by any State or local law enforcement officer while
participating in and for purposes of a Federal law enforcement operation, task
force, or any other Federal law enforcement capacity carried out by such
Federal law enforcement agency); or
(2)en route to be
incarcerated or detained, or is incarcerated or detained at—
(A)any facility
(including any immigration or juvenile facility) pursuant to a contract with
such Federal law enforcement agency;
(B)any State or local
government facility used by such Federal law enforcement agency; or
(C)any Federal
correctional facility or Federal pre-trial detention facility located within
the United States.
(b)Each report required by this section shall include, at a
minimum, the information required by section 2(b).
(c)Information reported under subsection (a) shall be
analyzed and included in the study and report required by section 2(f).
November 17, 2011
Reported without amendment