Public Law 113-242renumberedby H.R. 10909 Sec. 2(1)
The bill says: by redesignating sections 2 and 3 as sections 3 and 4, respectively;
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Public Law 113-242added 2by H.R. 10909 Sec. 2(2)
2 Purposes.— The purposes of this Act are—(1) to improve the reporting of deaths in custody, including deaths that occur—(A) in, in transit to, or departing from, jail;(B) in, in transit to, or departing from, prison;(C) in, in transit to, or departing from, temporary law enforcement detention;(D) in, in transit to, or departing from, an immigration detention facility;(E) in, in transit to, or departing from, a hospital or care facility to which a person in the custody of any facility described in this section was transferred in the 30-day period before death, regardless of whether such person was released from custody before death;(F) while a person is engaged with law enforcement during an arrest, while a person is pursued by or seeks to elude law enforcement, or while law enforcement is otherwise involved in the death;(G) in, in transit to, or departing from, a juvenile facility; or(H) in, in transit to, or departing from, any other custodial or detention facility, including those facilities operated by private entities.(2) to better understand the prevalence and characteristics of deaths that occur in custody;(3) to develop and implement policies, programs, and practices for the identification, prevention, and reduction of deaths in custody;(4) to increase the available data at the Federal, State, and local level, of deaths in custody, thereby improving detention policies, law enforcement activities, and the management and administration of correctional facilities; and(5) to facilitate the standardization of the definitions used when collecting data on the incidence of deaths in custody.
The bill says: by adding after section 1 the following:
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Public Law 113-242(a)changedby H.R. 10909 Sec. 2(3)
The bill says: by striking "Attorney General" each place it appears and inserting "Director of the Bureau of Justice Statistics"; and
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Public Law 113-242(a)changedby H.R. 10909 Sec. 2(3)
The bill says: by striking "of any person" and all that follows through "facility)" and inserting "in State custody of any person";
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Public Law 113-242(b)(1)changedby H.R. 10909 Sec. 2(3)
The bill says: in paragraph (1), by striking "and age" and inserting "date of birth, manner of death, and cause of death";
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Public Law 113-242(b)(3)changedby H.R. 10909 Sec. 2(3)
The bill says: in paragraph (3), by striking "and";
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Public Law 113-242(b)(4)changedby H.R. 10909 Sec. 2(3)
, including—(A) the location of the incident that caused the death, if applicable, such as—(i) during the initial encounter with law enforcement;(ii) during transport to a custodial facility;(iii) in the custodial facility; or(iv) in a community healthcare facility;(B) whether the custodial agency conducted an investigation into the death; and(C) whether the death occurred following a use of force incident;
The bill says: in paragraph (4), by striking the period and inserting
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Public Law 113-242(b)added (5)by H.R. 10909 Sec. 2(3)
(5) the date on which the deceased entered the custody of the agency having custody of the deceased upon death;(6) the average daily population for the facility in which the death occurred at the end of the quarter; and(7) other information the Director of the Bureau of Justice Statistics, in consultation with the Director of the National Center for Health Statistics, and the Director of the National Institute of Justice determines necessary to inform policy and practice to detect, prevent, and reduce deaths in custody.
The bill says: by adding at the end the following:
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Public Law 113-242(c)(1)changedby H.R. 10909 Sec. 2(3)
The bill says: by striking "120 days" and inserting "270 days";
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Public Law 113-242(c)(1)changedby H.R. 10909 Sec. 2(3)
The bill says: by striking "this Act" and inserting "the Deaths in Custody Reporting Reform Act"; and
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Public Law 113-242(c)(1)changedby H.R. 10909 Sec. 2(3)
The bill says: by striking "Attorney General" each place it appears and inserting "Director of the Bureau of Justice Assistance";
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Public Law 113-242(c)(2)changedby H.R. 10909 Sec. 2(3)
The bill says: by inserting "except as provided in paragraph (3)," after "paragraph (1),"; and
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Public Law 113-242(c)(2)changedby H.R. 10909 Sec. 2(3)
The bill says: by striking ", at the discretion of the Attorney General,"; and
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Public Law 113-242(c)added (3)by H.R. 10909 Sec. 2(3)
(3) Dedication of funds.— For the first fiscal year after the date of enactment of the Deaths in Custody Reporting Reform Act, the Director of the Bureau of Justice Assistance shall permit a State that fails to comply with subsection (a) to dedicate funds that would otherwise be reallocated to other States under subsection (d) to assist such State in complying with subsection (a).
The bill says: by adding at the end the following:
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Public Law 113-242removedby H.R. 10909 Sec. 2(3)
The bill says: by striking subsections (e) and (f);
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Public Law 113-242(a)changedby H.R. 10909 Sec. 2(4)
The bill says: by inserting "and Director of the Bureau of Justice Statistics" before "a report"; and
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Public Law 113-242(a)changedby H.R. 10909 Sec. 2(4)
The bill says: by striking "of any person" and all that follows through "United States." and inserting "in Federal custody of any person.";
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Public Law 113-242(b)changedby H.R. 10909 Sec. 2(4)
The bill says: in subsection (b), by striking "section 2(b)" and inserting "section 3(b)"; and
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Public Law 113-242removedby H.R. 10909 Sec. 2(4)
The bill says: by striking subsection (c); and
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Public Law 113-242added 5by H.R. 10909 Sec. 2(5)
5 Requirements of the Director of the National Institute of Justice relating to death in custody.—(a) Study required.— The Director of the National Institute of Justice shall carry out a study of the information reported under sections 3(a) and 4(a) to—(1) determine means by which such information can be used to reduce the number of deaths in custody; and(2) examine the relationship, if any, between the number of such deaths and the actions of management of such jails, or personnel acting on behalf of such prisons, and other carceral facilities relating to such deaths.(b) Reports.—(1) Final report.— Not later than 3 years after the date of enactment of this section, and every 3 years thereafter, the Director of the National Institute of Justice shall prepare and submit to Congress a report that contains—(A) the findings of the study required under subsection (a); and(B) the information reported under section 6(a).(2) Interim report.— Not later than 1 year after the date of enactment of this section, the Director of the National Institute of Justice shall submit to Congress a report that contains information on the progress of the Director of the National Institute of Justice in collecting the information required for the report under paragraph (1).(c) Grants.— In carrying out this section, the Director of the National Institute of Justice may—(1) provide grants for quantitative and qualitative research designed to prevent and reduce deaths in custody; and(2) contract with or provide grants to any entity the Director of the National Institute of Justice determines appropriate to facilitate the identification and reporting of the information required under this section.6 Director of the Bureau of Justice Statistics requirements relating to death in custody.—(a) Annual report.— Not later than July 31 of each year, the Director of the Bureau of Justice Statistics shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, and make available on a publicly accessible website of the Bureau of Justice Statistics, a report that contains the following:(1) The number of deaths in custody, searchable across preceding reporting years.(2) The number of deaths in custody, disaggregated by—(A) age, gender, race, and ethnicity;(B) the facility where the deceased was in custody;(C) the location where the death occurred;(D) the cause of death; and(E) the manner of death.(3) The number of deaths in custody that occurred not later than 30 days after release from custody if, at the time of release—(A) the deceased was in a healthcare facility or was being transported to a healthcare facility;(B) the release was the result of the medical or psychiatric condition of the deceased, including compassionate release, medical parole, or medical furlough; or(C) the release was advanced by or coincided with the onset, diagnosis, or material worsening of the medical or psychiatric condition of the deceased.(4) Information on the cause of death, the manner of death, and any contributing conditions, as contained on the United States standard certificate of death.(5) A multi-year analysis comparing the information from paragraphs (1) through (4) for a period to be determined by the Director of the Bureau of Justice Statistics.(6) Information on identified limitations on the information included in the report, including limitations on coverage, comparability, and completeness.(7) A description of the sources of information used in the report, including use of reports submitted under sections 3(a) and 4(a), open-source information, and death certificate data.(8) A description of statistical methods applied to produce any figures included in the report.(9) The report submitted by the Panel under section 7(c)(2).(b) Data publication.—(1) In general.— The Director of the Bureau of Justice Statistics shall make available on a publicly accessible website of the Bureau of Justice Statistics a database on deaths in custody.(2) Database contents.— The database under paragraph (1) shall include the following, with information appropriately de-identified:(A) The information reported under sections 3(a) and 4(a).(B) The cause of death and the manner of death, categorized according to the consensus definitions developed under subsection (d).(3) Form.— The information required under paragraph (2) shall be made available in a form that is machine-readable and searchable, with delineated columns for each category of information required.(c) Open-Source information.—(1) Use of open-source information.— The Director of the Bureau of Justice Statistics shall develop and implement methodologies to use open-source information to supplement the information reported under sections 3(a) and 4(a).(2) Submission of open-source information.— The Director of the Bureau of Justice Statistics shall establish and maintain a tool to allow individuals and organizations to submit information on deaths in custody.(d) Consensus definitions.— The Director of the Bureau of Justice Statistics, in consultation with the Director of the National Center for Health Statistics, shall develop consensus definitions to categorize the manner of each death in custody as a homicide, suicide, accident, natural death, or death of an undetermined cause.7 Review panel.—(a) Establishment.— Not later than 180 days after the date of enactment of this section, the Attorney General shall establish a review panel on deaths in Federal or State custody (in this Act referred to as the "Panel") to—(1) assess compliance with this Act, with emphasis on reports that are missing, late, or determined not credible;(2) examine barriers to accurate and timely reporting;(3) hold public hearings to present findings, solicit feedback, and receive public comment;(4) review the reports under sections 5 and 6 to identify key findings and omissions; and(5) submit recommendations to the Director of the National Institute
The bill says: by adding at the end the following:
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