[Congressional Record Volume 159, Number 176 (Thursday, December 12, 2013)]
[House]
[Pages H8047-H8049]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEATH IN CUSTODY REPORTING ACT OF 2013
Mr. COLLINS of Georgia. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1447) 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. 1447
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 2013''.
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
[[Page H8048]]
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;
(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
Georgia (Mr. Collins) and the gentleman from Virginia (Mr. Scott) each
will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. COLLINS of Georgia. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 1447, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I
may consume.
The Death in Custody Reporting Act of 2000 directed the Bureau of
Justice Statistics within the Department of Justice to collect data on
the deaths that occur at two important stages in the criminal justice
system: first, deaths that occur in the process of arrest or during the
transfer after arrest; and, second, deaths that occur in jails and
prisons. The provisions of that act expired in December 2006.
According to the Bureau of Justice Statistics, 885 inmates died in
the custody of local jails in 2011. This is the lowest number of jail
inmate deaths in the 12-year history of the Deaths in Custody Reporting
program.
Nearly nine out of 10 State prisoner deaths were as a result of
natural causes, the leading reason being cancer and heart disease.
Although illness-related deaths have increased slightly in recent
years, the homicide and suicide rates in State prisons have
dramatically decreased over the last 25 years.
H.R. 1447 reauthorizes this data collection program and 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
legislation extends the reporting requirements to deaths that occur in
Federal custody.
Although the Death in Custody Reporting Act expired in 2006, the
Bureau of Justice Statistics has continued to collect this data. They
provide a national resource for understanding mortality in the criminal
justice system.
The collection of this data will help the Federal, State, and local
governments examine the relationships 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 cost on the agency. Congress passed similar legislation
in three Congresses with overwhelming bipartisan support.
I would like to thank Congressman Scott for introducing this
legislation, and I would urge all my colleagues to support it.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am pleased to rise in support of H.R. 1447, the Death
in Custody Reporting Act of 2013. This bill would require State and
Federal law enforcement agencies to report to the Department of Justice
information about the deaths of individuals in their custody.
We have learned from history how useful this information can be. In
the 1980s, there was 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 partially because of
the rise of 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 information
regarding the death of any person in the process of arrest or who was
otherwise in custody, including jails, prisons and juvenile facilities.
The reports are brief, essentially stating who died and a brief
description of what happened.
The law expired in 2006, which led to an effort to reauthorize
substantially the same requirements on States and extend those
requirements to the Federal agencies as well. And that is what H.R.
1447 would do.
With this statistical data, policymakers at the State, local, and
Federal levels can make informed judgments about the appropriate
treatment of prisoners and to develop ways to lower the prison death
rate. This policy cannot be made if we don't have this information that
the law requires.
In fact, since the focus on deaths in custody emerged in the 1980s
and enactment of the law in 2000, reports showed significant declines
in suicides and homicides for those in custody.
H.R. 1447 is a strong reaffirmation of the importance of requiring
that States submit this information, and the bill expands the
commitment to Federal law enforcement agencies as well.
The bill also requires the Attorney General to study the information
the Justice Department receives and to issue a report to include a
discussion of how the data may be used to reduce preventable deaths.
With the enactment of this legislation, we can make even more
progress with respect to reducing preventable deaths of those in
custody, which is surely an obligation of government when it
incarcerates so many of its citizens.
This initiative has a history of strong bipartisan support, and I
thank my colleagues from the other side of the aisle, especially the
gentleman from Georgia, and my colleague from Virginia, the Judiciary
Committee chairman, Bob Goodlatte, for supporting the bill in committee
and bringing it to the floor today.
I urge my colleagues to support the bill, and I reserve the balance
of my time.
Mr. COLLINS of Georgia. Does the gentleman have any other speakers?
Mr. SCOTT of Virginia. Yes, I have one additional speaker.
Mr. COLLINS of Georgia. Mr. Speaker, I reserve the balance of my
time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 4 minutes to the
gentlewoman from Texas (Ms. Jackson Lee), a member of the Judiciary
Committee.
[[Page H8049]]
{time} 1600
Ms. JACKSON LEE. I thank the ranking member of the subcommittee, and
I thank the manager and, as well, the full committee chairperson and
the ranking member of the full committee.
I think it would not be inappropriate to acknowledge that many of us
gathered in the Judiciary Committee to wish Congressman Mel Watt well,
so I will do so now on the floor of the House.
I am supporting this bill and again offer my appreciation for the
Crime Subcommittee's bipartisan efforts to look into our problem with
criminalization at the start of the Congress. I am concerned that there
are a number of issues that were not discussed, but this particular
legislation is an important step, which I know that the gentleman from
Virginia (Mr. Scott) has worked on quite extensively.
The bill before us today, in essence, requires States that receive
certain criminal justice assistance grants to report to the Attorney
General on a quarterly basis certain information regarding the death of
any person who is detained, arrested, en route to incarceration, or
incarcerated in State or local facilities or at boot camp. H.R. 1447
also imposes penalties on States that fail to comply with such
reporting requirements. The bill also requires the head of each Federal
law enforcement agency to report to the Attorney General annually
certain information regarding the death of any person.
My focus is to indicate that this is a practical initiative. I
personally know that in jurisdictions in Texas, we have had incidents
where people have gone into the county jail for minimal violations of
the law and came out in a body bag. It happened to a mother of two sons
who lost her life because an infected knee was not taken care of. Or
individuals who were ill, individuals who succumbed to inappropriate
behavior by those who have charge over them. It is happening in jails
and prisons across America.
This is a lifesaving initiative because many people will acknowledge
that if you are incarcerated, even if you are there in our county jails
before you are convicted--certainly, we recognize the criminal justice
system, but it does not mean that you should lose your life.
However, as we come to the end of this first year of the 113th
Congress, I know my colleagues would recognize as well that we are
coming upon the 1-year anniversary of the tragic incident that occurred
at Sandy Hook. There will be those who will be mourning this afternoon,
holding a memorial to acknowledge the tragedy of the lives lost.
In this Congress, to our dismay, we have not been able to pass
universal background checks, which could readily be on the floor of the
House and be of value to those mourning mothers and fathers who now
mourn 1 year later and ask the question: Why?
In addition, we have seen over the last year in many of our
jurisdictions the excessive violence that has taken our young people
through gun violence, through gangs, and other actions that would
welcome this Congress exercising its authority on issues dealing with
antiviolence, antibullying, of course, and, again, the ceasing of gun
violence.
I look forward to establishing a commission in my community,
responding to the incidents of 19 individuals being shot, two teenagers
being killed, a young man from Jack Yates High School being killed, and
another young man being shot in a park.
So as I rise to support this legislation, I would simply argue, as we
move forward on this legislation, that there is work to be done, and I
hope we can join together in a bipartisan manner to do so. I hope my
colleagues also vote to support H.R. 1447.
Mr. Speaker, I as a long-time member of the Judiciary Committee's
Subcommittee on Crime, I was pleased to see a bipartisan effort to look
into our problem with overcriminalization at the start of the Congress
but I am disappointed that much of the crime which has been addressed
by the Task Force has dealt with so-called regulatory crimes--as
opposed to the type of crime involving violence and weapons--which has
lead to prison over-crowding, trumped-up sentences for possession of
marijuana, and served to further add to an underclass of Americans who
are subject to the difficulty in filling out a job application because
of onerous State and Federal laws which seek to punish harshly for
missteps which, in the case of drug offenses, should have been managed
with treatment and not incarceration.
I believe that most of the Members on the Committee and in the House
of Representatives would agree that our prisons are overcrowded and
that we must address this and other issues which plague our criminal
justice system forthrightly and with urgency.
Having said that, the bill before us today does little to deal with
that but it does fall under the ambit of crime and it does seek to
address problems in criminal law and policy.
The legislation before us, H.R. 1447, The Death in Custody Reporting
Act of 2013, sponsored by my Judiciary and CBC colleagues, Bobby Scott
and Ranking Member Conyers, requires States that receive certain
criminal justice assistance grants to report to the Attorney General on
a quarterly basis certain 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. H.R. 1447 also
imposes penalties on States that fail to comply with such reporting
requirements.
The bill also requires the head of each Federal law enforcement
agency to report to the Attorney General annually certain information
regarding the death of any person who:
(1) is detained or arrested by any officer of such agency (or by any
State or local law enforcement officer for purposes of a Federal law
enforcement operation); or
(2) is en route to be incarcerated or detained, or is incarcerated or
detained, at any Federal correctional facility or Federal pretrial
detention facility located within the United States or any other
facility pursuant to a contract with or used by such agency.
Lastly, it requires the Attorney General to study such information
and report on means by which it can be used to reduce the number of
such deaths.
While I will support this measure--I will continue to urge my
Judiciary Committee and House colleagues to think carefully about the
problems with over-criminalization of some offenses and why we should
be diligent in taking a thoughtful, measured look at the costly
problem.
This body must consider taking a comprehensive look at criminal laws
and policy which have a disproportionate impact on African Americans
and other minorities in Houston, and around this great Nation.
Mr. COLLINS of Georgia. I reserve the balance of my time.
Mr. SCOTT of Virginia. I yield myself such time as I may consume just
to thank the gentlelady from Texas for her statement; the gentleman
from Georgia; the chair of the committee, Mr. Goodlatte; and the
ranking member, the lead cosponsor of the legislation, Mr. Conyers, for
their work. This is an important bill. We could use this information.
And I want to thank again all of those that made today possible.
I yield back the balance of my time.
Mr. COLLINS of Georgia. Mr. Speaker, I just want to close up here by
thanking both the gentleman from Virginia, Congressman Scott, and
Congresswoman Jackson Lee from Texas for their passion and for working
hard on this.
This is a good way for our Judiciary Committee to end the year, on
something we can agree upon that is a good thing. And I do appreciate
the opportunity to be here. I would encourage all of my colleagues to
support this fine piece of legislation.
And with that, Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Thornberry). The question is on the
motion offered by the gentleman from Georgia (Mr. Collins) that the
House suspend the rules and pass the bill, H.R. 1447.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________