81 FR 51489 - Agency Information Collection Activities; Proposed Collection Comments Requested; New collection: Arrest-Related Deaths Program

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range		51489-51490
FR Document		2016-18484

The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Statistics, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)

[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51489-51490]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18484]


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DEPARTMENT OF JUSTICE

[OMB Number 1121-NEW]


Agency Information Collection Activities; Proposed Collection 
Comments Requested; New collection: Arrest-Related Deaths Program

AGENCY: Bureau of Justice Statistics, Department of Justice.

ACTION: 60-day notice.

-----------------------------------------------------------------------

SUMMARY:  The Department of Justice (DOJ), Office of Justice Programs, 
Bureau of Justice Statistics, will be submitting the following 
information collection request to the Office of Management and Budget 
(OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995.

DATES:  Comments are encouraged and will be accepted for 60 days until 
October 3, 2016.

FOR FURTHER INFORMATION CONTACT: If you have additional comments 
especially on the estimated public burden or associated response time, 
suggestions, or need a copy of the proposed information collection 
instrument with instructions or additional information, please contact 
Michael Planty, Deputy Director, Bureau of Justice Statistics, 810 
Seventh Street NW., Washington, DC 20531 (email: 
[email protected]; telephone: 202-514-9746).

SUPPLEMENTARY INFORMATION: Written comments and suggestions from the 
public and affected agencies concerning the proposed collection of 
information are encouraged. Your comments should address one or more of 
the following four points:

--Evaluate whether the proposed collection of information is necessary 
for the proper performance of the functions of the Bureau of Justice 
Statistics, including whether the information will have practical 
utility;
--Evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
-- Evaluate whether and if so how the quality, utility, and clarity of 
the information to be collected can be enhanced; and
--Minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

    Overview of this information collection:
    (1) Type of Information Collection: New collection.
    (2) The Title of the Form/Collection: Arrest-Related Deaths Program
    (3) The agency form number, if any, and the applicable component of 
the Department sponsoring the collection:
    This collection includes the following forms:
     Form CJ-11: Arrest-Related Deaths Quarterly Summary. This 
form is distributed to all law enforcement agencies (LEAs). This 
summary form requests that LEA respondents confirm deaths identified 
through open-source review, correct decedent name and date of death as 
appropriate, and identify any other arrest-related deaths that were not 
found through open-source review. It requests any LEAs without any 
deaths to provide an affirmative zero.
     Form CJ-11A: Arrest-Related Death Incident Report. This 
form is distributed to all LEAs with an arrest-related death. This 
incident report form requests that LEA respondents provide 
characteristics of the decedent and the circumstances surrounding the 
death.
     Form CJ-12: Arrest-Related Deaths Quarterly Summary. This 
form is distributed to all medical examiner's or coroner's (ME/C) 
offices with jurisdiction concurrent with that of the LEAs with a 
potential arrest-related death. This summary form requests that ME/C 
respondents confirm deaths identified, correct decedent name and date 
of death as appropriate, and identify any other arrest-related deaths.
     Form CJ-12A: Arrest-Related Death Incident Report. This 
form is distributed to all ME/Cs with an arrest-related death. This 
incident report form requests that ME/C respondents provide 
characteristics of the decedent and the cause and manner of death.
    The applicable component within the Department of Justice is the 
Bureau of Justice Statistics, in the Office of Justice Programs.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: The affected public that will be asked to 
respond on an annual basis include 19,450 state and local law 
enforcement agencies (LEAs) and approximately 685 medical examiner's or 
coroner's (ME/C) offices.
    Abstract: The Arrest-Related Deaths (ARD) program was implemented 
from 2003 as part of BJS's Deaths in Custody Reporting Program (DCRP). 
The DCRP was developed in response to the Death in Custody Reporting 
Act of 2000 (P.L. 106-247), which required state and local prisons, 
jails, and law enforcement agencies (LEAs) to report information about 
in-custody deaths and deaths occurring in the process of arrest to the 
Department of Justice. DICRA of 2000 expired in 2006 and was 
reauthorized as DICRA of 2013 (P.L. 113-242) in December 2014. The DCRP 
also includes collections that measure deaths occurring in jails and 
state prisons that are conducted through another data collection.
    The BJS designed the ARD program to be a census of all deaths that 
occur during the process of arrest or during an attempt to obtain 
custody by a state or local LEA in the United States. BJS defined the 
manner of arrest-related death to include law enforcement homicides, 
other homicides, accidents, suicides, or deaths due to natural causes. 
Law enforcement homicides included all deaths attributed to weapons or 
restraint tactics used by state or local law enforcement officers, 
including deaths due to officer-involved shootings; complications 
related to the use of conducted energy devices, such as Tasers and stun 
guns; accidents caused by the use of spike strips or other tire 
deflation devices; injuries due to the use of impact devices, such as 
batons and soft projectiles; complications due to the use of chemical 
agents such as pepper spray and tear gas; and other injuries or 
complications related to the use of restraint tactics.
    The ARD program was the only national data collection that 
attempted to enumerate all arrest-related deaths in the United States, 
including accidental and natural deaths that occurred during the 
process of arrest in addition to law enforcement homicides. Because of 
concerns about variations in data collection methodology and coverage, 
BJS recently conducted an assessment of its ARD program. Because 
accurate and comprehensive accounting of deaths that occur during the 
process of arrest is critical for LEAs to demonstrate responsiveness to 
the citizens and communities they serve, transparency

[[Page 51490]]

related to law enforcement tactics and approaches, and accountability 
for the actions of officers, BJS developed and tested new methodologies 
for collecting data on the arrest-related deaths.
    The redesigned methodology includes a standardized mixed method, 
hybrid approach relying on open sources to identify eligible cases, 
followed by data requests from law enforcement and medical examiner/
coroner offices for incident-specific information about the decedent 
and circumstances surrounding the event.
    To identify respondents for the agency survey, open sources are 
reviewed and a list of potential arrest-related deaths are compiled. 
This list is checked for duplication to develop a list of unique cases. 
Then LEAs and ME/Cs with jurisdiction in these cases are contacted to 
(1) confirm, where indicated, whether the incident meets the definition 
of an arrest-related death and other inclusionary criteria; (2) 
identify any additional arrest-related deaths that BJS did not identify 
during its open-source review; and (3) collect additional information 
about the decedent and the circumstances surrounding the incident for 
all identified arrest-related deaths. Specifically the following items 
are collected:

For LEAs

    (a) Identifying information, LEA involved, state, decedent name, 
date/time of death.
    (b) Location of incident.
    (c) Decedent demographics.
    (d) Precipitating events, reason for initial contact, did decedent 
commit or allegedly commit any crimes.
    (e) Decedent behavior during the incident, barricade, threaten, 
assault, escape; exhibit mental health problems or appear to be 
intoxicated; possess or appear to possess a weapon; use a weapon to 
threaten or assault; attempt to injure officers or others.
    (f) Law enforcement actions during the incident, engage in pursuit 
or restraint tactics; use of force; if firearm discharged, how many 
shots fired; number of officers and LEAs that responded top incident.
    (g) Manner of death.

For ME/Cs

    (a) Identifying information, LEA involved, state, decedent name, 
date/time of death.
    (b) Location of incident.
    (c) Decedent demographics.
    (d) Whether autopsy was performed.
    (e) Manner of death
    (f) Cause of death.
    (g) If died from injuries, how were those injuries sustained.
    (h) If weapon caused death, what type of weapon.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The current 
LEAs roster includes approximately 19,450 state and local agencies. For 
the 2016 collection, agencies will be asked to report one time to 
capture the full year. It is expected that 18,384 will report zero 
incidents with an estimated burden of 15 minutes. The remaining 
estimated 1,066 agencies will report an average of 1.79 incidents with 
an estimated burden of 68 minutes. A total LEAs burden of 5,801 hours 
associated with 2016. For ME/Cs, and estimated 685 offices will be 
asked to submit an average 2.79 incident forms incident form with an 
estimated burden 49 minutes. A total ME/C burden of 1,048 hours 
associated with 2016.
    (6) For the 2017 collection, LEAs will be asked to report 
quarterly. It is expected that 19,106 will report zero incidents with 
an estimated total burden of 60 minutes for 2017. Approximately 1,066 
agencies will report an average of 1.79 incidents with an estimated 
burden of 142 minutes. The burden is higher in 2017 due to quarterly 
reporting. A total LEAs burden of 20,440 hours associated with 2017. 
For ME/Cs, and estimated 685 offices will be asked to submit an average 
2.79 incident forms incident form with an estimated burden 49 minutes. 
A total ME/C burden of 1,897 hours associated with 2017.
    (7) An estimate of the total public burden (in hours) associated 
with the collection: The total respondent burden for reference years is 
29,186.
    If additional information is required contact: Jerri Murray, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: August 1, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-18484 Filed 8-3-16; 8:45 am]
 BILLING CODE 4410-18-P

Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices 51489

request and payment of reproduction proposed collection of information, (4) Affected public who will be asked
costs. Please mail your request and including the validity of the or required to respond, as well as a brief
payment to: Consent Decree Library, methodology and assumptions used; abstract: The affected public that will be
U.S. DOJ—ENRD, P.O. Box 7611, — Evaluate whether and if so how the asked to respond on an annual basis
Washington, DC 20044–7611. quality, utility, and clarity of the include 19,450 state and local law
Please enclose a check or money order information to be collected can be enforcement agencies (LEAs) and
for $13.50 (25 cents per page enhanced; and approximately 685 medical examiner’s
reproduction cost) payable to the United —Minimize the burden of the collection or coroner’s (ME/C) offices.
States Treasury. of information on those who are to Abstract: The Arrest-Related Deaths
respond, including through the use of (ARD) program was implemented from
Thomas P. Carroll,
appropriate automated, electronic, 2003 as part of BJS’s Deaths in Custody
Assistant Section Chief, Environmental Reporting Program (DCRP). The DCRP
Enforcement Section, Environment and
mechanical, or other technological
collection techniques or other forms was developed in response to the Death
Natural Resources Division.
of information technology, e.g., in Custody Reporting Act of 2000 (P.L.
[FR Doc. 2016–18479 Filed 8–3–16; 8:45 am]
permitting electronic submission of 106–247), which required state and
BILLING CODE 4410–15–P
responses. local prisons, jails, and law enforcement
agencies (LEAs) to report information
Overview of this information about in-custody deaths and deaths
DEPARTMENT OF JUSTICE collection: occurring in the process of arrest to the
[OMB Number 1121–NEW]
(1) Type of Information Collection: Department of Justice. DICRA of 2000
New collection. expired in 2006 and was reauthorized as
Agency Information Collection (2) The Title of the Form/Collection: DICRA of 2013 (P.L. 113–242) in
Activities; Proposed Collection Arrest-Related Deaths Program December 2014. The DCRP also includes
Comments Requested; New collection: (3) The agency form number, if any, collections that measure deaths
Arrest-Related Deaths Program and the applicable component of the occurring in jails and state prisons that
Department sponsoring the collection: are conducted through another data
AGENCY: Bureau of Justice Statistics, This collection includes the following
Department of Justice. collection.
forms: The BJS designed the ARD program to
ACTION: 60-day notice. • Form CJ–11: Arrest-Related Deaths be a census of all deaths that occur
Quarterly Summary. This form is during the process of arrest or during an
SUMMARY: The Department of Justice distributed to all law enforcement
(DOJ), Office of Justice Programs, attempt to obtain custody by a state or
agencies (LEAs). This summary form local LEA in the United States. BJS
Bureau of Justice Statistics, will be requests that LEA respondents confirm
submitting the following information defined the manner of arrest-related
deaths identified through open-source death to include law enforcement
collection request to the Office of review, correct decedent name and date
Management and Budget (OMB) for homicides, other homicides, accidents,
of death as appropriate, and identify any suicides, or deaths due to natural
review and approval in accordance with other arrest-related deaths that were not
the Paperwork Reduction Act of 1995. causes. Law enforcement homicides
found through open-source review. It included all deaths attributed to
DATES: Comments are encouraged and requests any LEAs without any deaths
will be accepted for 60 days until weapons or restraint tactics used by
to provide an affirmative zero. state or local law enforcement officers,
October 3, 2016. • Form CJ–11A: Arrest-Related Death including deaths due to officer-involved
FOR FURTHER INFORMATION CONTACT: If Incident Report. This form is distributed shootings; complications related to the
you have additional comments to all LEAs with an arrest-related death. use of conducted energy devices, such
especially on the estimated public This incident report form requests that as Tasers and stun guns; accidents
burden or associated response time, LEA respondents provide characteristics caused by the use of spike strips or
suggestions, or need a copy of the of the decedent and the circumstances other tire deflation devices; injuries due
proposed information collection surrounding the death. to the use of impact devices, such as
instrument with instructions or • Form CJ–12: Arrest-Related Deaths batons and soft projectiles;
additional information, please contact Quarterly Summary. This form is complications due to the use of
Michael Planty, Deputy Director, Bureau distributed to all medical examiner’s or chemical agents such as pepper spray
of Justice Statistics, 810 Seventh Street coroner’s (ME/C) offices with and tear gas; and other injuries or
NW., Washington, DC 20531 (email: jurisdiction concurrent with that of the complications related to the use of
Michael.Planty@usdoj.gov; telephone: LEAs with a potential arrest-related restraint tactics.
202–514–9746). death. This summary form requests that The ARD program was the only
SUPPLEMENTARY INFORMATION: Written ME/C respondents confirm deaths national data collection that attempted
comments and suggestions from the identified, correct decedent name and to enumerate all arrest-related deaths in
public and affected agencies concerning date of death as appropriate, and the United States, including accidental
the proposed collection of information identify any other arrest-related deaths. and natural deaths that occurred during
are encouraged. Your comments should • Form CJ–12A: Arrest-Related Death the process of arrest in addition to law
address one or more of the following Incident Report. This form is distributed enforcement homicides. Because of
four points: to all ME/Cs with an arrest-related concerns about variations in data
death. This incident report form collection methodology and coverage,
sradovich on DSK3GMQ082PROD with NOTICES

—Evaluate whether the proposed
collection of information is necessary requests that ME/C respondents provide BJS recently conducted an assessment of
for the proper performance of the characteristics of the decedent and the its ARD program. Because accurate and
functions of the Bureau of Justice cause and manner of death. comprehensive accounting of deaths
Statistics, including whether the The applicable component within the that occur during the process of arrest
information will have practical utility; Department of Justice is the Bureau of is critical for LEAs to demonstrate
—Evaluate the accuracy of the agency’s Justice Statistics, in the Office of Justice responsiveness to the citizens and
estimate of the burden of the Programs. communities they serve, transparency

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51490 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices

related to law enforcement tactics and (h) If weapon caused death, what type decree with the United States District
approaches, and accountability for the of weapon. Court for the Southern District of
actions of officers, BJS developed and (5) An estimate of the total number of Georgia in the lawsuit entitled United
tested new methodologies for collecting respondents and the amount of time States v. Honeywell International Inc.
data on the arrest-related deaths. estimated for an average respondent to and Georgia Power Company, Civil
The redesigned methodology includes respond: The current LEAs roster Action No. 2:16–cv–00112–LGW–RSB.
a standardized mixed method, hybrid includes approximately 19,450 state and The United States, on behalf of the
approach relying on open sources to local agencies. For the 2016 collection, U.S. Environmental Protection Agency
identify eligible cases, followed by data agencies will be asked to report one (EPA), filed this lawsuit under the
requests from law enforcement and time to capture the full year. It is Comprehensive Environmental
medical examiner/coroner offices for expected that 18,384 will report zero Response, Compensation, and Liability
incident-specific information about the incidents with an estimated burden of Act (CERCLA). The complaint seeks
decedent and circumstances 15 minutes. The remaining estimated performance of response actions to
surrounding the event. 1,066 agencies will report an average of address contamination of mercury,
To identify respondents for the 1.79 incidents with an estimated burden polychlorinated biphenyls, lead, and
agency survey, open sources are of 68 minutes. A total LEAs burden of polycyclic aromatic hydrocarbons in the
reviewed and a list of potential arrest- 5,801 hours associated with 2016. For saltwater marsh at the LCP Chemicals
related deaths are compiled. This list is ME/Cs, and estimated 685 offices will Superfund Site in Brunswick, Georgia. It
checked for duplication to develop a list be asked to submit an average 2.79 also seeks recovery of costs that the
of unique cases. Then LEAs and ME/Cs incident forms incident form with an United States will incur in overseeing
with jurisdiction in these cases are estimated burden 49 minutes. A total implementation of the response actions.
contacted to (1) confirm, where ME/C burden of 1,048 hours associated The marsh is known as ‘‘Operable Unit
indicated, whether the incident meets with 2016. 1,’’ one of three contaminated areas at
the definition of an arrest-related death (6) For the 2017 collection, LEAs will the Site.
and other inclusionary criteria; (2) be asked to report quarterly. It is The proposed consent decree would
identify any additional arrest-related expected that 19,106 will report zero resolve the claims alleged in the
deaths that BJS did not identify during incidents with an estimated total burden complaint. It requires the defendants,
its open-source review; and (3) collect of 60 minutes for 2017. Approximately Honeywell International Inc. and
additional information about the 1,066 agencies will report an average of Georgia Power Company, to implement
decedent and the circumstances 1.79 incidents with an estimated burden the remedy selected by EPA for
surrounding the incident for all of 142 minutes. The burden is higher in Operable Unit 1, which is estimated to
identified arrest-related deaths. 2017 due to quarterly reporting. A total cost $28.6 million. The consent decree
Specifically the following items are LEAs burden of 20,440 hours associated also requires the defendants to pay
collected: with 2017. For ME/Cs, and estimated future response costs incurred by EPA at
685 offices will be asked to submit an Operable Unit 1.
For LEAs The publication of this notice opens
average 2.79 incident forms incident
(a) Identifying information, LEA form with an estimated burden 49 a period for public comment on the
involved, state, decedent name, date/ minutes. A total ME/C burden of 1,897 consent decree. Comments should be
time of death. hours associated with 2017. addressed to the Assistant Attorney
(b) Location of incident. (7) An estimate of the total public General, Environment and Natural
(c) Decedent demographics. burden (in hours) associated with the Resources Division, and should refer to
(d) Precipitating events, reason for collection: The total respondent burden United States v. Honeywell
initial contact, did decedent commit or for reference years is 29,186. International Inc. and Georgia Power
allegedly commit any crimes. If additional information is required Company, D.J. Ref. No. 90–11–2–1237/
(e) Decedent behavior during the contact: Jerri Murray, Department 3. All comments must be submitted no
incident, barricade, threaten, assault, Clearance Officer, United States later than thirty (30) days after the
escape; exhibit mental health problems Department of Justice, Justice publication date of this notice.
or appear to be intoxicated; possess or Management Division, Policy and Comments may be submitted either by
appear to possess a weapon; use a Planning Staff, Two Constitution email or by mail:
weapon to threaten or assault; attempt Square, 145 N Street NE., 3E.405B,
to injure officers or others. Washington, DC 20530. To submit
(f) Law enforcement actions during Send them to:
comments:
the incident, engage in pursuit or Dated: August 1, 2016.
restraint tactics; use of force; if firearm Jerri Murray, By e-mail ...... pubcomment-ees.enrd@
discharged, how many shots fired; Department Clearance Officer for PRA, U.S. usdoj.gov.
number of officers and LEAs that Department of Justice. By mail ......... Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
responded top incident. [FR Doc. 2016–18484 Filed 8–3–16; 8:45 am]
Box 7611, Washington, DC
(g) Manner of death. BILLING CODE 4410–18–P
20044–7611.
For ME/Cs
During the public comment period,
(a) Identifying information, LEA DEPARTMENT OF JUSTICE
the consent decree may be examined
involved, state, decedent name, date/
and downloaded at this Justice
sradovich on DSK3GMQ082PROD with NOTICES

time of death. Notice of Lodging of Proposed
(b) Location of incident. Consent Decree Under the Department Web site: https://
(c) Decedent demographics. Comprehensive Environmental www.justice.gov/enrd/consent-decrees.
(d) Whether autopsy was performed. Response, Compensation, and Liability We will provide a paper copy of the
(e) Manner of death Act consent decree upon written request
(f) Cause of death. and payment of reproduction costs.
(g) If died from injuries, how were On July 29, 2016, the Department of Please mail your request and payment
those injuries sustained. Justice lodged a proposed consent to: Consent Decree Library, U.S. DOJ—

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Document Created: 2016-08-04 02:53:43
Document Modified: 2016-08-04 02:53:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		60-day notice.
Dates		Comments are encouraged and will be accepted for 60 days until October 3, 2016.
Contact		If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Michael Planty, Deputy Director, Bureau of Justice Statistics, 810 Seventh Street NW., Washington, DC 20531 (email: [email protected]; telephone: 202-514-9746).
FR Citation		81 FR 51489