34 U.S.C. § 60105 — State information regarding individuals who die in the custody of law enforcement
submitted 12 years ago by Pub. L. 113-242 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 565 words · no verdicts yet
States that get certain federal funding must report deaths in law enforcement custody. Reports must include the deceased's name, when and where they died, and how they died. States that don't comply can lose up to 10 percent of certain law enforcement grant funds.
(a) In general. This section applies to a state once a certain compliance deadline (explained in subsection (c)(1)) has passed. From then on, for every fiscal year the state receives money from the grant program described in subsection (c)(2), the state must report to the Attorney General every quarter. It must follow guidelines the Attorney General sets. The report covers the death of anyone who is detained, under arrest, being arrested, on the way to prison, or already incarcerated at a city or county jail, state prison, state-run or state-contracted boot camp prison, or any other state or local correctional facility — including juvenile facilities.
(b) Information required. Each report must include at least: (1) the deceased person's name, gender, race, ethnicity, and age; (2) the date, time, and location of the death; (3) which law enforcement agency detained, arrested, or was arresting the person; and (4) a short description of the circumstances of the death.
(c) Compliance and ineligibility.
(1) Compliance date. Each state had up to 120 days from December 18, 2014, to start complying with subsection (a). Two exceptions: (A) the Attorney General can give a state that is trying in good faith an extra 120 days; and (B) the Attorney General must excuse a state entirely if following subsection (a) would violate that state's own constitution.
(2) Ineligibility for funds. For any fiscal year after that compliance period ends, if a state fails to comply, the Attorney General may cut up to 10 percent of the funds the state would otherwise get under a specific federal grant program — known by several names, including the Edward Byrne Memorial Justice Assistance Grant Program.
(d) Reallocation. Any money not given to a noncompliant state under that grant program gets redirected to states that did comply.
(e) Definitions. The terms "boot camp prison" and "State" mean whatever section 10251(a) of this title says they mean.
(f) Study and report on deaths in custody.
(1) Study required. The Attorney General must study the reported information to: (A) find ways to use it to reduce these deaths; and (B) look at whether there's a connection between the number of deaths and how the jails, prisons, and other facilities were managed.
(2) Report. Within 2 years of December 18, 2014, the Attorney General must give Congress a report on what the study found.
For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a State receives funds for a program referred to in subsection (c)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding the death of any person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility).
The report required by this section shall contain information that, at a minimum, includes—
the name, gender, race, ethnicity, and age of the deceased;
the date, time, and location of death;
the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and
a brief description of the circumstances surrounding the death.
Each State shall have not more than 120 days from December 18, 2014, to comply with subsection (a), except that—
the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and
the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State.
For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.),1 whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.
Amounts not allocated under a program referred to in subsection (c)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection.
In this section the terms “boot camp prison” and “State” have the meaning given those terms, respectively, in section 10251(a) of this title.
The Attorney General shall carry out a study of the information reported under subsection (b) and section 3(a) 1 to—
determine means by which such information can be used to reduce the number of such deaths; and
examine the relationship, if any, between the number of such deaths and the actions of management of such jails, prisons, and other specified facilities relating to such deaths.
Not later than 2 years after December 18, 2014, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1).
Source credit: (Pub. L. 113–242, § 2, Dec. 18, 2014, 128 Stat. 2860.)
- 2014Enacted · Pub. L. 113-242 · 128 Stat. 2860
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-242 on 2014-12-18.
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