Death in Custody Reporting Act of 2011

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.

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.

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.

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.

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.

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.

I yield back the balance of my time.

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.

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. Speaker, yesterday, September 20, 2011, I missed rollcall votes numbered 712, 713, and 714. Had I been present, I would have voted ``aye'' on H.R. 2944, the United States Parole Commission Extension Act of 2011, ``aye'' on H.R. 2189, the Death in Custody Reporting Act of 2011 and ``aye'' on H.R. 2646, to authorize certain Department of Veterans Affairs major medical facility projects and leases, to extend certain expiring provisions of law, and to modify certain authorities of the Secretary of Veterans Affairs, and for other purposes.

Mr. Speaker, due to a death in my family, I was absent for legislative business on Tuesday, September 20, 2011. As a result, I missed rollcall votes 712-714. Had I been present, I would have cast the following votes: Rollcall 712-H.R. 2944, On Motion to Suspend the Rules and Pass, ``yes''; rollcall 713-H.R. 2189, On Motion to Suspend the Rules and Pass, ``yes''; rollcall 714-H.R. 2646, On Motion to Suspend the Rules and Pass, as Amended, ``yes.''