[House Report 110-512]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-512

======================================================================



 
                 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \5\Id.
    \6\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.

                                 
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