Death in Custody Reporting Act of 2013

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Death in Custody Reporting Act of 2013
Great Seal of the United States (obverse).svg
Full titleTo 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.
Introduced in 113th United States Congress
Introduced onApril 9, 2013
Sponsored by Rep. Robert C. "Bobby" Scott (D, VA-3)
Number of co-sponsors1
Effects and codifications
Act(s) affected Omnibus Crime Control and Safe Streets Act of 1968
U.S.C. section(s) affected 42 U.S.C.   § 3791, 42 U.S.C.   § 3750 et seq.
Agencies affected United States Congress, United States Department of Justice
Legislative history

The Death in Custody Reporting Act of 2013 (H.R. 1447) is a bill that would require the United States Department of Justice to collect data from U.S. states and territories about the deaths of prisoners in their custody. [1] States and territories would face monetary penalties for noncompliance. The bill would also require federal agencies to report on the deaths of prisoners in their custody. The Death in Custody Reporting Act of 2013 was introduced into the United States House of Representatives during the 113th United States Congress.

United States Department of Justice U.S. federal executive department in charge of law enforcement

The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government, responsible for the enforcement of the law and administration of justice in the United States, equivalent to the justice or interior ministries of other countries. The department was formed in 1870 during the Ulysses S. Grant administration, and administers several federal law enforcement agencies, including the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Drug Enforcement Administration (DEA). The department is responsible for investigating instances of financial fraud, representing the United States government in legal matters, and running the federal prison system. The department is also responsible for reviewing the conduct of local law enforcement as directed by the Violent Crime Control and Law Enforcement Act of 1994.

United States House of Representatives Lower house of the United States Congress

The United States House of Representatives is the lower house of the United States Congress, the Senate being the upper house. Together they compose the national legislature of the United States.

113th United States Congress 2013–2015 legislative term

The One Hundred Thirteenth United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Barack Obama's presidency. It was composed of the United States Senate and the United States House of Representatives based on the results of the 2012 Senate elections and the 2012 House elections. The seats in the House were apportioned based on the 2010 United States Census. It first met in Washington, D.C. on January 3, 2013, and it ended on January 3, 2015. Senators elected to regular terms in 2008 were in the last two years of those terms during this Congress.

Contents

Background

In 2000, Congress passed the Death in Custody Reporting Act of 2000 (H.R. 1800; Public Law 106-297) which created a program requiring states to report on the deaths and circumstances of those deaths of any prisoners in their custody. [2] The Bureau of Justice Statistics continued to collect this information even after the law expired in 2006. [1] [3] This bill would continue that program and extend it to federal prisoners. [1] It would also require the Attorney General to analyze the data and try to find a way to reduce those deaths, then report on it to Congress. [3]

Bureau of Justice Statistics

The United States Bureau of Justice Statistics (BJS) is a federal government agency belonging to the U.S. Department of Justice and a principal agency of the U.S. Federal Statistical System. Established on 27 December 1979, the bureau collects, analyzes and publishes data relating to crime in the United States. The agency publishes data regarding statistics gathered from the roughly fifty-thousand agencies that comprise the U.S. justice system on its Web site.

To collect, analyze, publish, and disseminate information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. These data are critical to Federal, State, and local policymakers in combating crime and ensuring that justice is both efficient and evenhanded.

In 2011, 885 prisoners died in local custody, mostly due to natural causes such as cancer or heart disease. [3] This was the lowest number of deaths over the twelve years that they were counted in this program. [3]

Provisions of the bill

This summary is based largely on the summary provided by the Congressional Research Service, a public domain source. [4]

Congressional Research Service Public think tank

The Congressional Research Service (CRS), known as Congress's think tank, is a public policy research institute of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works primarily and directly for Members of Congress, their Committees and staff on a confidential, nonpartisan basis.

The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

The Death in Custody Reporting Act of 2013 would require 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. The bill would impose penalties on states that fail to comply with such reporting requirements. [4]

United States Attorney General Head of the United States Department of Justice

The United States Attorney General (A.G.) is the head of the U.S. Department of Justice, a member of the U.S. president's Cabinet, and the chief lawyer of the federal government of the United States.

Arrest the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime.

An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime. After the person is taken into custody, they can be questioned further and/or charged. An arrest is a procedure in a criminal justice system.

Prison place in which people legally are physically confined and usually deprived of a range of personal freedoms

A prison, also known as a correctional facility, jail, gaol, penitentiary, detention center, correctional center, or remand center, is a facility in which inmates are forcibly confined and denied a variety of freedoms under the authority of the state. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed.

The Death in Custody Reporting Act of 2013 would require 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. [4]

Federal law enforcement in the United States Wikimedia list article

The federal government of the United States empowers a wide range of law enforcement agencies to maintain law and public order related to matters affecting the country as a whole.

The bill would require the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths. [4]

The information states would be required to provide includes mostly demographic data. States would need to indicate the prisoner's name, gender, race, ethnicity, and age. [1] The circumstances surrounding the prisoner's death would also have to be reported.

Procedural history

The Death in Custody Reporting Act of 2013 was introduced into the United States House of Representatives on April 9, 2013 by Rep. Robert C. "Bobby" Scott (D, VA-3). [5] It was referred to the United States House Committee on the Judiciary and the United States House Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations. On December 4, 2013, the full Committee held a Consideration and Mark-up session. [3] They then order the bill to be reported by voice vote. [5] On December 6, 2013, Majority Leader Eric Cantor's office announced that H.R. 1447 would be considered under a suspension of the rules during the week of December 9, 2013. [6]

Debate and discussion

Rep. Bob Goodlatte spoke in favor of the bill at the House Judiciary Committee markup session, saying that "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." [3]

Rep. John Conyers also spoke in favor of the bill at the markup session, arguing that the greatest powers of the government is to take away a citizen's freedom. As a result, "the government maintains an important obligation to treat those in its custody in a fair way and to refrain from doing them harm, and it is our role and in the interest of all our citizens that we maintain transparency with respect to the treatment of prisoners and others held in government custody." [3]

See also

Notes/References

  1. 1 2 3 4 Kasperowicz, Pete (6 December 2013). "House bill would require states to report on prisoner deaths". The Hill. Retrieved 9 December 2013.
  2. "H.R. 1800 - 106th Congress - Summary". United States Congress. Retrieved 9 December 2013.
  3. 1 2 3 4 5 6 7 "Markup of H.R. 3627 and H.R. 1447" (PDF). House Judiciary Committee. Archived from the original (PDF) on 19 December 2013. Retrieved 9 December 2013.
  4. 1 2 3 4 "H.R. 1447 - Summary". United States Congress. Retrieved 9 December 2013.
  5. 1 2 "H.R. 1447 - All Actions". United States Congress. Retrieved 9 December 2013.
  6. "Leader's Weekly Schedule - Week of December 9, 2013" (PDF). House Majority Leader's Office. Archived from the original (PDF) on 13 December 2013. Retrieved 9 December 2013.

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