Death In Custody Reporting Act Of 2013 (H.R. 1447; 113th Congress)
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The Death in Custody Reporting Act of 2013 () is a bill that would require the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
to collect data from U.S. states and territories about the deaths of prisoners in their custody. 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 The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
during the
113th United States Congress The 113th 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 Presidency of Barack Obama, Barack Obama's presiden ...
.


Background

In 2000, Congress passed the Death in Custody Reporting Act of 2000 (; 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. The
Bureau of Justice Statistics The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of crim ...
continued t
collect this information
even after the law expired in 2006. This bill would continue that program and extend it to federal prisoners. 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. In 2011, 885 prisoners died in local custody, mostly due to natural causes such as cancer or heart disease. This was the lowest number of deaths over the twelve years that they were counted in this program.


Provisions of the bill

''This summary is based largely on the summary provided by the
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...
, a
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
source.'' The Death in Custody Reporting Act of 2013 would require states that receive certain criminal justice assistance grants to report to the
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
on a quarterly basis certain information regarding the death of any person who is detained,
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
ed, en route to
incarceration Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
, 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. 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. 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. 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. 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 The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
on April 9, 2013 by Rep. Robert C. "Bobby" Scott (D, VA-3). It was referred to the
United States House Committee on the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, a ...
and the
United States House Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations The Subcommittee on Crime, Terrorism and Homeland Security is a subcommittee within the House Judiciary Committee. Jurisdiction Members, 117th Congress Historical membership rosters 115th Congress 116th Congress See also * United States ...
. On December 4, 2013, the full Committee held
Consideration and Mark-up session
They then order the bill to be reported by
voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...
. 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.


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." 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."


See also

* List of bills in the 113th United States Congress * Federal law enforcement in the United States


Notes/References


External links


Library of Congress - Thomas H.R. 1447beta.congress.gov H.R. 1447GovTrack.us H.R. 1447OpenCongress.org H.R. 1447Transcript of House Judiciary Committee Markup
- begins on page 14
Bureau of Justice Statistics - Deaths in Custody Reporting Program
{{US government sources Acts of the 113th United States Congress