[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3971 Reported in Senate (RS)]
Calendar No. 1087
110th CONGRESS
2d Session
H. R. 3971
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24, 2008
Received; read twice and referred to the Committee on the Judiciary
September 25 (legislative day, September 17), 2008
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Death in Custody Reporting
Act of 2008''.</DELETED>
<DELETED>SEC. 2. INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE
CUSTODY OF LAW ENFORCEMENT.</DELETED>
<DELETED> (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 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) that, at a
minimum, includes--</DELETED>
<DELETED> (1) the name, gender, race, ethnicity, and age of
the deceased;</DELETED>
<DELETED> (2) the date, time, and location of
death;</DELETED>
<DELETED> (3) the law enforcement agency that detained,
arrested, or was in the process of arresting the deceased;
and</DELETED>
<DELETED> (4) a brief description of the circumstances
surrounding the death.</DELETED>
<DELETED> (b) Compliance and Ineligibility.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) 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)).</DELETED>
<DELETED>SEC. 3. STUDY OF INFORMATION RELATING TO DEATHS IN
CUSTODY.</DELETED>
<DELETED> (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 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)) to--
</DELETED>
<DELETED> (1) determine means by which such information can
be used to reduce the number of such deaths; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death in Custody Reporting Act of
2008''.
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 of Information Relating to Deaths in Custody.--
(1) Study required.--The Attorney General shall, subject to
the availability of appropriations under paragraph (3), through
grant or contract, provide for a study of the information
reported under subsection (b) and section 3(b) 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).
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $500,000 for
fiscal year 2009. Funds appropriated under this paragraph shall
remain available until expended.
SEC. 3. FEDERAL REPORTING REQUIREMENT.
(a) In General.--For each fiscal year, the Attorney General shall
collect information regarding the death of any person who is detained,
under arrest, or is in the process of being arrested by Federal
authorities, is en route to be incarcerated or detained, or is
incarcerated or detained at any facility pursuant to a contract with
the federal government (including any immigration or juvenile
facility), any State or local government facility used by a Federal
agency, and any Federal correctional facility or Federal pre-trial
detention facility.
(b) Information Required.--The report required by this section
shall include, at a minimum, the information required by section 2(b).
(c) Study.--Information gathered pursuant to subsection (a) shall
be analyzed and included in the study required by section 2(f).
Calendar No. 1087
110th CONGRESS
2d Session
H. R. 3971
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
September 25 (legislative day, September 17), 2008
Reported with an amendment