[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54920-54923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21689]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

[OMB 1121-0249]


Agency Information Collection Activities; Proposed Collection; 
Revision of a Currently Approved Collection; Comment Requested: Deaths 
in Custody--Series of Collections from State-Level Law Enforcement 
Respondents, Local Jails and State Prisons

ACTION: 30-day notice.

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    The Department of Justice (DOJ), Office of Justice Programs (OJP), 
Bureau of Justice Statistics (BJS) will be submitting the following 
information collection request to the Office of Management and Budget 
(OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995. The proposed information collection is published 
to obtain comments from the public and affected agencies. This proposed 
information collection was previously published in the Federal Register 
Volume 77, Number 179, pages 56863-56865, on September 14, 2012, 
allowing for a 30 day comment period. Since the originally posted 30-
day notice, the burden estimate for the 2013 local jail annual 
summaries collection (CJ-9A and CJ-10A) increased from 750 burden hours 
as indicated in the 30 day notice to 4,347 burden hours. This change is 
the result of collecting additional critical items in the survey at the 
jail facility level, which will better inform the Deaths in Custody 
Reporting Program (DCRP) and other BJS establishment and inmate 
surveys, such as the Annual Survey of Jails (ASJ) and the National 
Inmate Survey (NIS). The DCRP currently provides a sampling frame for 
the NIS and will be used to update and enhance the existing sampling 
frame for the ASJ. This burden

[[Page 54921]]

increase is for a one-time 2013 jail collection only. Comments are 
encouraged and should be submitted by October 7, 2013. This process is 
in accordance with 5 CFR 1320.10.
    If you have comments especially on the estimated public burden or 
associated response time, suggestions, or need a copy of the proposed 
information collection instrument with instructions or additional 
information, please contact Margaret Noonan, Statistician, (202) 353-
2060, Bureau of Justice Statistics, 810 Seventh St. NW., Washington, DC 
20531. We request written comments and suggestions from the public and 
affected agencies concerning the proposed collection of information. 
Your comments should address one or more of the following four points:
--Evaluate whether the proposed collection of information is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility;
--Evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumption used;
--Enhance the quality, utility, and clarity of the information to be 
collected; and
--Minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology (e.g., permitting electronic 
submission of responses).
    Overview of this information collection:
    (1) Type of information collection: Renewal of existing collection.
    (2) The title of the Form/Collection: Deaths in Custody Reporting 
Program.
    (3) The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: Forms--Death Report on 
Inmates Under Jail Jurisdiction (CJ-9); Annual Summary on Inmates Under 
Jail Jurisdiction (CJ-9A); Death Report on Inmates In Private and 
Multi-Jurisdictional Jails (CJ-10); Annual Summary on Inmates in 
Private and Multi-Jurisdictional Jails (CJ-10A); State Prison Inmate 
Death Report (NPS-4A); Annual Summary of Inmate Deaths in State Prisons 
(NPS-4); Summary of Arrest-Related Deaths (CJ-11); Arrest-Related Death 
Report (CJ-11A). The Bureau of Justice Statistics, Office of Justice 
Programs, Department of Justice is the sponsor for the collection.
    (4) Affected public who will be asked to respond, as well as a 
brief abstract: Primary: Local jail administrators, state prison 
administrators, and state-level law enforcement respondents. One 
reporter from each of the estimated 3,000 local jail jurisdictions and 
one reporter from each of the 50 state prison systems in the United 
States are asked to provide information on the following categories:

Years 2012 and 2014 for Jails; Years 2012-2014 for Prison and Arrests:

    (a) The number of inmates confined in jail facilities on December 
31 of the previous year, by sex, either actual or estimated (local 
jails only);
    (b) The number of inmates admitted to jail facilities in the 
previous year, by sex, either actual or estimated (local jails only);
    (c) The number of inmates confined in local jails on the behalf of 
U.S. Immigration and Customs Enforcement, the U.S. Marshals Service or 
any other hold for another jurisdiction (local jails only);
    (d) The average daily population of all jail confinement facilities 
operated by the jurisdiction in the previous year, by sex, either 
actual or estimated (local jails only);
    (e) The number of persons who died while under the supervision of 
the jurisdiction in the previous year, by sex, either actual or 
estimated (local jails only);
    (f) The number of persons who died while in custody of state 
correctional facility during the previous year (state prisons only);
    (g) The full name, date of death, date of birth, sex, and race/
ethnic origin for each inmate who died during the reporting year;
    (h) Whether the deceased inmate was being held in the local jail or 
under the authority of the state department of correction on the behalf 
of U.S. Immigration and Customs Enforcement, U.S. Marshals Service, or 
other counties, jurisdictions or correctional authorities;
    (i) The name and location of the correctional facility involved for 
each inmate who died during the reporting year (state prisons only);
    (j) The admission date and current offense(s) for each inmate who 
died during the reporting year;
    (k) The legal status for each inmate who died during the reporting 
year (local jails only);
    (l) Whether the inmate ever stayed overnight in a mental health 
observation unit or outside mental health facility;
    (m) The location and cause of death of each inmate death that took 
place during the reporting year;
    (n) The time of day that the incident causing the inmate's death 
occurred and where the incident occurred (limited to accidents, 
suicides, and homicides only);
    (o) Whether the cause of death was a preexisting medical condition 
or a condition that developed after admission to the facility and 
whether the inmate received treatment for the medical condition after 
admission and if so, the kind of treatment received (deaths due to 
accidental injury, intoxication, suicide, or homicide do not apply);
    (p) Whether an autopsy/postmortem exam/review of medical records to 
determine the cause of death of the inmate was performed and the 
availability of those results;
    (q) The survey ends with a box in which respondents can enter 
notes;
    (r) Confirmation or correction of the agency and agency head's 
name, phone number, email address, and mailing address;
    (s) Confirmation or correction of the agency's primary point of 
contact for data collection, title, phone number, email address, and 
mailing address;
    (t) Confirmation or correction of the names of facilities within 
the jurisdiction.

Year 2013 for Jails Only (Including the Federal Bureau of Prison 
Detention Centers)

    (a) The number of persons who died while under the supervision of 
the jurisdiction in the previous year, by sex, either actual or 
estimated (local jails only);
    (b) On December 31, 2013, the number of inmates confined in jail 
facilities including male and female adult and juvenile inmates; 
persons under age 18 held as adults; race/ethnicity categories; held 
for Federal authorities, State prison authorities, American Indian/
Alaska Native Tribal governments, and other local jail jurisdictions.
    (c) On December 31, 2013, the number of inmates held for a felony 
or misdemeanor, convicted inmates that are unsentenced or sentenced and 
the number of unconvicted inmates awaiting trial/arraignment, or 
transfers/holds for other authorities.
    (d) On December 31, 2013, the number of persons confined in jail 
facilities who were not U.S. citizens.
    (e) Whether the jail facilities have a weekend incarceration 
program prior to December 31, 2013 and the number of inmates 
participating.
    (f) The number of new admissions into and final discharges from 
jail facilities between January 1, 2013 and

[[Page 54922]]

December 31, 2013, by male and female inmates.
    (g) The date and count for the greatest number of confined inmates 
during the 31-day period in December 2013.
    (h) The average daily population of jail facilities between January 
1, 2013 and December 31, 2013, by male and female inmates.
    (i) Jail rated capacity on December 31, 2013.
    (j) On December 31, 2013, the number of persons under jail 
supervision but not confined (e.g., electronic monitoring, day 
reporting, etc.)
    (k) On December 31, 2013, the number of correctional officers and 
other staff employed by jail facilities;
    (l) On December 31, 2013, the number of correctional officers and 
other staff employed by jail facilities, by male and female staff;
    (m) On December 31, 2013, the number of correctional officers 
employed by jail facilities, by race/ethnicity categories;
    (n) Between January 1, 2013 and December 31, 2013, the total 
facility operating expenditures.
    A total of 52 respondents, comprising of 50 state-level 
respondents, representing each state, and two local-level law 
enforcement agencies representing the District of Columbia and New York 
City are asked to provide information on the number of persons who died 
during the process of arrest by state or local law enforcement in the 
reporting year. In addition, state-level law enforcement respondents 
are asked to provide the following information for each person who died 
during the process of arrest in the reporting year:
    (a) The full name, date of death, date of birth, sex, and race/
ethnic origin;
    (b) The name and ORI number of the law enforcement agency involved;
    (c) The address, and location type, of the incident that caused the 
death;
    (d) The reason for the initial contact between law enforcement and 
the deceased, as well as whether specialize units responded during the 
incident;
    (e) Whether the deceased engaged in non-compliant or aggressive 
behavior during the process of arrest;
    (f) Whether the deceased possessed, threaten to use, or used any 
weapons during the process of arrest;
    (g) Whether law enforcement personnel engage in tactics to restrain 
or used restraints or weapons during the process of arrest;
    (h) Whether the deceased sustained injuries during the incident and 
whether law enforcement personnel, the decedent, or another civilian 
was responsible for inflicting injuries;
    (i) The type of weapon that caused the death;
    (j) The location, date, time, manner, and cause of death;
    (k) Whether the autopsy or post-mortem evaluation indicated the 
presences of alcohol, other drugs, or confirmed psychological 
diagnosis;
    (l) The survey ends with a box in which respondents can enter 
notes.
    The Bureau of Justice Statistics uses this information in published 
reports and statistics. The reports will be made available to the U.S. 
Congress, Executive Office of the President, practitioners, 
researchers, students, the media, others interested in criminal justice 
statistics, and the general public.
    (5) Estimate of the total number of respondents and the amount of 
time needed for an average respondent to respond: An approximate 3,102 
total respondents will be asked to submit an estimated 11,152 responses 
to this collection program for years 2012 and 2014. An approximate 
3,102 total respondents will be asked to submit an estimated 11,412 
responses to this collection program for 2013 only. The typical amount 
of time needed for a respondent to complete each form is broken down as 
follows:
    Local jails/death reports (forms CJ-9 and CJ-10)--600 respondents 
will have an average response time of 30 minutes per form, for a total 
of 451 hours. Analysis of data from past years shows that approximately 
80% of jails nationwide have zero deaths in a given calendar year. 
Thus, based on the 2010 data, approximately 20% of the 3,000 jails will 
complete death reports, resulting in 600 respondents. Respondents 
reporting zero deaths will not need to complete a death report form. 
Based on 2009 and 2010 data, approximately 22% of the total 4,100 death 
reports received was from jail respondents; thus, we expect to receive 
approximately 902 death reports from jails. For jurisdictions reporting 
a death, the average response time is estimated at 30 minutes per 
death, for a total of 451 hours devoted to reporting data on deaths in 
jails. The estimated time is based on feedback from jail staff.
    2012 and 2014 Local jails/annual (forms CJ-9A and CJ-10A)--an 
estimated 3,000 jail respondents will have an average response time of 
15 minutes per form, for a total of 750 hours. The estimated time is 
based on feedback from jail staff.
    2013 Local jails/annual (form CJ-9A/10A)--an estimated 3,000 
central jail respondents providing data for approximately 3,260 
facilities will have an average response time of 80 minutes per form, 
for a total of 4,347 hours. The estimated number of respondents also 
includes approximately 12 Federal Bureau of Prison Detention Centers. 
The estimated time is based on feedback from jail staff on similar 
questionnaire items collected in the 2012 Annual Survey of Jails (forms 
CJ-5/5A-OMB No. 1121-0094), the 2006 Census of Jail Facilities (CJ-3F-
OMB No. 1121-0305), and the 2005 Census of Jail Inmates (form CJ-3I-OMB 
No. 1121-0100).
    State prison/death reports (form NPS-A)--50 state prison 
respondents are estimated to have an average response time of 30 
minutes per death, across 3,198 deaths each year, for a total of 1,599 
hours. Based on 2009 and 2010 data, 78% of the total 4,100 death 
reports received was from state prisons; thus, we expect to receive 
approximately 3,198 death reports from state prisons. The estimated 
time is based on feedback from state prison staff.
    State prison/annual (form NPS-4)--50 state prison respondents are 
estimated to have an average response time of 5 minutes per form, for a 
total of 4 hours. Based on 2010 data, we expect approximately 50 
respondents. The estimated time is based on feedback from state prison 
staff.
    Local jail and state prisons (verification call)--3,050 respondents 
(3,000 jail jurisdiction respondents and 50 state department of 
corrections respondents) will be asked to participate in the 
verification call, which has an average response time of 8 minutes per 
call, for a total of 407 hours (400 for jail respondents and 7 for 
state prison respondents). The estimated time is based on the average 
time to complete a verification call with a respondent.
    Arrest-Related/death reports (CJ-11A)--50 state-level respondents 
and 2 local law enforcement agencies are estimated to have an average 
response time of 60 minutes per death, across 900 deaths each year, for 
a total of 900 hours.
    Arrest-Related/summary (CJ-11)--50 state-level respondents and 2 
local law enforcement agencies are estimated to have an average 
response time of 5 minutes per form, for a total of 4 hours per quarter 
or 18 hours per year. Based on 2010 data, we expect approximately 50 
respondents. The estimated time is based on feedback from state-level 
respondents.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: 4,129 annual burden hours for years 2012 and 2014, 
and 7,712 annual burden hours for year 2013. The estimates contributing 
to this calculation are provided in the table below.

[[Page 54923]]

[GRAPHIC] [TIFF OMITTED] TN06SE13.006

    If additional information is required contact: Ms. Jerri Murray, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE., Room 1407-B, Washington, DC 
20530.

    Dated: September 3, 2013.
Jerri Murray,
Department Clearance Officer, PRA, U.S., U.S. Department of Justice.
[FR Doc. 2013-21689 Filed 9-5-13; 8:45 am]
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