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Managing America: Law Enforcement

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Week Ending January 25, 2008

H.R.3971 To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies.

States receiving some Federal law enforcement grants could lose 10% of the funds if they do not, on a quarterly basis, report to the Attorney General on the death of any person who is under arrest, is in the process of being arrested, is en route to be incarcerated or is incarcerated at a municipal or county jail, State prison or other local or State correctional facility to include juvenile facilities.

The information required would minimally include name, gender, ethnicity and age of the deceased as well as the time and location of death. A brief description of the circumstances surrounding the death is also required.

State may have a 30 day extension of time to report and the Attorney General can waive the reporting requirement altogether if it is unconstitutional under a State’s constitution.

The grant programs that would be reduced for non-compliance are part of the Omnibus Crime Control and Safe Streets Act of 1968 that now include the Ed Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government law Enforcement Block Grant Program, the Ed Byrne Memorial Law Enforcement Assistance Grant Program. Funds for similar programs could also be cut.

Fund not allocated due to a State’s non-compliance will be reallocated to States that do comply.

The Attorney General is directed, subject to appropriations, provide for a study of the information reported by the States to determine means by which the information can be used to reduce the number of deaths and “examine the relationship, if any, between the number of deaths and the actions of management of such jails, prisons, and other correctional facilities” relating to that type of death. A report is due to Congress in 2 years. The study would be funded by grants or contracts.

Sponsor:  Rep. Robert C. Scott (D-VA-3^rd)

Vote: Passed House by voice vote January 23, 2008.

Cost to the taxpayers: $500,000 for fiscal year 2009.

Earmark Certification:   Not applicable to this bill.

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