[Congressional Record Volume 157, Number 140 (Tuesday, September 20, 2011)]
[House]
[Pages H6244-H6246]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEATH IN CUSTODY REPORTING ACT OF 2011
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2189) to encourage States to report to the Attorney
General certain information regarding the deaths of individuals in the
custody of law enforcement agencies, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2189
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death in Custody Reporting
Act of 2011''.
SEC. 2. STATE 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 (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) Information Required.--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) Compliance date.--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) 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, 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) Reallocation.--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) 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)).
(f) Study and Report of Information Relating to Deaths in
Custody.--
(1) Study required.--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) 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 paragraph (1).
SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING
REQUIREMENT.
(a) In General.--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;
[[Page H6245]]
(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) Information Required.--Each report required by this
section shall include, at a minimum, the information required
by section 2(b).
(c) Study and Report.--Information reported under
subsection (a) shall be analyzed and included in the study
and report required by section 2(f).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will
control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous materials on H.R. 2189 currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
The Death in Custody Reporting Act of 2000 directed the Justice
Department's Bureau of Justice Statistics to collect data on deaths
that occur at two stages of the criminal justice system: deaths that
occur in the process of arrest and deaths that occur in jails and
prisons. The provisions of that Act expired in 2006.
H.R. 2189 reauthorizes this data collection program. It further
directs the Attorney General not only to collect the data, but also to
study the data to determine how to reduce deaths in custody in the
future.
The bill also extends the reporting requirements to deaths that occur
in Federal custody. And it ensures that those States that make a good
faith effort to report this data to the Attorney General will not lose
10 percent of their Federal justice assistance funds if their data
submissions are untimely.
The Bureau of Justice Statistics reports that between 2001 and 2006
there were over 18,000 state prisoner deaths. There were an additional
7,000 local prisoner deaths between 2000 and 2006.
{time} 1420
More than nine out of every 10 State prisoner deaths were the result
of illness or suicide, and eight out of 10 deaths at the local jail
level were from those same causes. Although illness-related deaths have
increased slightly in recent years, the homicide and suicide rates in
the State prisons have dramatically decreased over the last 25 years.
The collection of this data will help Federal, State, and local
governments examine the relationship between deaths in custody and the
proper management of jail and prison facilities. It will also provide
important information to Congress on any need to improve Federal
custody procedures.
Because the Bureau of Justice Statistics has continued to collect the
information even though the prior law has expired, this bill will not
impose any new costs on the agency.
The House passed similar legislation in the 110th and the 111th
Congresses with overwhelming bipartisan support. I want to thank the
gentleman from Virginia (Mr. Scott) for introducing this bill and for
his interest and knowledge of the subject. I urge my colleagues to
support this legislation, and I reserve the balance of my time.
Mr. SCOTT of Virginia. I yield myself such time as I may consume.
Mr. Speaker, I'm pleased to support H.R. 2189, the Death in Custody
Reporting Act of 2011.
The bill would require local, State, and Federal law enforcement
agencies to report to the Department of Justice information about
deaths of individuals which occur while in their custody. We've learned
from history about how useful this information can be.
In the 1980s, there was an increased focus on conditions in State and
local jails and prisons and the problem of prisoners dying in custody.
The interest in oversight of this issue was generated primarily because
of the rising tide of expensive wrongful death cases brought in
relation to these deaths. Press reports in the 1990s concerning prison
abuses and deaths of those incarcerated being attributed to suicide led
Congress to develop legislation in response to this problem.
The Death in Custody Reporting Act of 2000 was enacted to require
States to report quarterly to the Attorney General brief information
regarding the death of any person in the process of arrest or who is
otherwise in custody, including jails, prisons, and juvenile
facilities.
That law expired in 2006, which led to the effort to reauthorize
substantially the same requirements on States and to extend them to
Federal agencies as well, which is what H.R. 2189 would do.
This extension, as the gentleman from Texas has mentioned, modifies
the sanctions applied for those who do not comply with providing the
information. It is expected that the information will be given and
negotiations, rather than mandatory sanctions, should result in the
information being available.
With detailed statistical data, policymakers at the local, State, and
Federal levels can make informed judgments about the appropriate
treatment of prisoners and develop ways to lower the prisoner death
rate. In fact, since the focus on deaths in custody emerged in the
1980s and the enactment of the law in 2000, there have been significant
declines in deaths of those in custody.
This bill is an important reaffirmation of the importance of
requiring that States submit this information and expands this
commitment to Federal law enforcement agencies as well.
This initiative has a history of strong bipartisan support; and I
thank my colleagues from the other side of the aisle, particularly the
gentleman from Texas, the chair of the Judiciary Committee, Mr. Smith,
for bringing the bill to the floor today.
I urge my colleagues to support the bill, Mr. Speaker, and I yield
back the balance of my time.
Mr. SMITH of Texas. I yield back the balance of my time.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of
H.R. 2189, ``the Death in Custody Reporting Act of 2011,'' would
require Federal law enforcement agencies and States that receive
certain Federal funds to report to the Department of Justice (DOJ) any
deaths of persons arrested or detained by law enforcement personnel
under their jurisdiction. H.R. 2189 directs DOJ to prepare a report,
within two years of enactment, on the information provided by Federal
agencies and States and on ways to reduce the number of such deaths.
As a Senior Member on the Judiciary Committee, I am always concerned
about the care of all persons detained by Federal, State, and local
authorities. Whenever a death occurs in local jails, State prisons, or
during the process of arrests by local and State law enforcement, we
must ensure that there are systems in place which can identify the
reasons behind each death--in the hope that when possible we can
prevent these deaths. The collection of this type of information is a
vital first step in this process. The Bureau of Justice Statistics
(BJS) collects and disseminates this type of data. Originally the
program was initiated by The Death in Custody Reporting Act of 2000,
upon the expiration of the Act; the BJS continued to collect this
information. The BJS needs our support as they represent a unique
national resource for understanding mortality in the criminal justice
system.
We all know the important role that law enforcement officers play in
protecting our streets and our neighborhoods. This data reflects the
challenges that they must face in the line of duty and how to best
address those challenges. According to the Bureau of Justice
Statistics, forty-seven States and the District of Columbia reported
2,002 arrest-related deaths during the three years from 2003 through
2005. Homicides by State and local law enforcement officers were the
leading cause of such deaths at 55 percent of deaths, followed by
alcohol and drug intoxication incidents, which accounted for 13 percent
of deaths, and suicides that represented 12 percent of deaths. In 80
percent of homicides by law enforcement officers, the person being
arrested reportedly used a weapon to threaten or assault the arresting
officer. Virtually all homicides by officers which accounts for 96
percent of deaths were caused by firearm use. According to the FBI
during the same period 380 law enforcement officers were killed in the
line of duty of which 159 were homicides. Having these facts readily
available will allow authorities to find ways to address the issues
faced by those being detained, in detention, and those responsible for
safeguarding our neighborhoods and upholding our laws.
[[Page H6246]]
H.R. 2189 requires States to report to the Attorney General on
quarterly basis information regarding the death of any person who is
detained, arrested, en route to incarceration, or incarcerated in state
or local facilities or a boot camp prison. To encourage compliance with
this requirement States that fail to comply must pay a penalty. H.R.
2189 also requires the head of each Federal law enforcement agency to
provide a report directly to the Attorney General. The Attorney General
will then study the information and report on means by which it can be
used to reduce the number of such deaths.
Summarily H.R. 2189 reauthorizes the Death in Custody Reporting Act.
This legislation requires the submission of death statistics at the
Federal, State and local levels. The legislation also provides for
reductions of up to ten percent of Federal Byrne JAG grant funds at the
discretion of the Attorney General, in the event of a State's non-
compliance with the reporting requirements. H.R. 2189 also requires an
accurate and complete study and report of information on deaths that
occurred in custody. Further, H.R. 2189 does not authorize or require
any additional spending.
For these reasons I support this legislation and firmly believe it
can be used to advance our understanding of mortality in the criminal
justice system, which will one day save a life. We must continue to
protect persons who are in the custody of Federal, State, and local
authorities. I urge my colleagues to lend their support to the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Smith) that the House suspend the rules and
pass the bill, H.R. 2189.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of Texas. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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