83 FR 27023 - Agency Information Collection Activities; Proposed eCollection eComments Requested; New collection: Death in Custody Reporting Act Collection

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range		27023-27024
FR Document		2018-12503

The Department of Justice (DOJ), Bureau of Justice Assistance 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. The Death in Custody Reporting Act (DCRA) requires states and federal law enforcement agencies to report certain information to the Attorney General regarding the death of any person occurring during interactions with law enforcement officers or while in custody. See 34 U.S.C. 60105(a) & (b). It further requires the Attorney General and the Department of Justice (Department) to collect the information, establish guidelines on how it should be reported, annually determine whether each state has complied with the reporting requirements, and address any state's noncompliance.

Federal Register, Volume 83 Issue 112 (Monday, June 11, 2018)

[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 27023-27024]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12503]


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

DEPARTMENT OF JUSTICE

[OMB Number 1121-NEW]


Agency Information Collection Activities; Proposed eCollection 
eComments Requested; New collection: Death in Custody Reporting Act 
Collection

AGENCY: Bureau of Justice Assistance, Department of Justice.

ACTION: 60-Day notice.

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

SUMMARY: The Department of Justice (DOJ), Bureau of Justice Assistance 
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.
    The Death in Custody Reporting Act (DCRA) requires states and 
federal law enforcement agencies to report certain information to the 
Attorney General regarding the death of any person occurring during 
interactions with law enforcement officers or while in custody. See 34 
U.S.C. 60105(a) & (b). It further requires the Attorney General and the 
Department of Justice (Department) to collect the information, 
establish guidelines on how it should be reported, annually determine 
whether each state has complied with the reporting requirements, and 
address any state's noncompliance.

DATES: Comments are encouraged and will be accepted for 60 days until 
August 10, 2018.

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 
Chris Casto, Bureau of Justice Assistance, 810 Seventh Street NW, 
Washington, DC 20531 (email: [email protected]; telephone: 202-
616-6500).

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 agency, 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: Death in Custody Reporting Act 
Collection.
    3. The agency form number: if any, and the applicable component of 
the Department sponsoring the collection: DCR-1.
    Quarterly Summary. This summary form requires States to either (1) 
identify all reportable deaths that occurred in their jurisdiction 
during the corresponding quarter and provide basic information about 
the circumstances of the death, or (2) affirm that no reportable death 
occurred in the State during the reporting period. For each quarter in 
a fiscal year, a State must complete the Quarterly Summary (Form DCR-1) 
and submit it by the reporting deadline. The Quarterly Summary is a 
list of all reportable deaths that occurred in the State during the 
corresponding quarter with basic information about the circumstances of 
each death. If a State did not have a reportable death during the 
quarter, the State must so indicate on the Quarterly Summary. The 
reporting deadline to submit the Quarterly Summary is the last day of 
the month following the close of the quarter. For each quarter, BJA 
will send two reminders prior to the reporting deadline.
    Example. The second quarter of a fiscal year is January 1-March 31. 
The deadline to submit the second quarter Quarterly Summary is April 
30. BJA will send a reminder to States on March 31 and April 15.
    Incident Report. This incident report form requires States to 
provide additional information for each reportable death identified in 
the Quarterly Summary that occurred during interactions with law 
enforcement personnel or while in their custody. For each reportable 
death identified in the Quarterly Summary, a State must complete and 
submit by the

[[Page 27024]]

same reporting deadline an Incident Report (Form DCR-1A), which 
contains specific information on the circumstances of the death and 
additional characteristics of the decedent. These include:
     The decedent's name, date of birth, gender, race, and 
ethnicity.
     The date, time, and location of the death.
     The law enforcement or correctional agency involved.
     Manner of death.
    States must answer all questions on the Incident Report before they 
can submit the form. If the State does not have sufficient information 
to complete one of the questions, then the State may select the 
``unknown'' answer, if available, and then identify when the 
information is anticipated to be obtained.
    4. Affected public who will be asked or required to respond, as 
well as a brief abstract:
    Primary: State, Local, or Tribal Government.
    Abstract: In order to comply with the mandate of the DCRA, the 
Department of Justice, Bureau of Justice Assistance, is proposing a new 
data collection for State Administering Agencies to collect and submit 
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).
    DOJ proposes the following plan to collect DCRA information at the 
end of fiscal year 2019 and beyond. The plan, which constitutes 
``guidelines established by the Attorney General'' pursuant to section 
2(a) of the DCRA, encompasses provisions specifically required by the 
statute.
    For purposes of this notice, the term ``reportable death'' means 
any death that the DCRA or the Department's guidelines require States 
to report. Generally, these are deaths that occurred during 
interactions with law enforcement personnel or while the decedent was 
in their custody or in the custody, under the supervision, or under the 
jurisdiction of a State or local law enforcement or correctional 
agency, such as a jail or prison. Specifically, the DCRA requires 
States to report ``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).'' 34 U.S.C. 60105(a).
    Please note that the DCRA information that States submit to the 
Department must originate from official government records, documents, 
or personnel.
    The DCRA requires quarterly reporting. Because these data 
collection guidelines and associated system changes will not be 
finalized until FY 2019, quarterly reporting will begin with the 1st 
quarter of FY 2020. Deaths in prisons and jails occurring during 2018 
and 2019 will be captured by BJS through its existing data collection 
program on deaths in prisons and jails. Beginning with the first 
quarter of FY 2020 (October 2019), quarterly DCRA reporting to BJA will 
include all reportable deaths--deaths occurring during interactions 
with law enforcement personnel or while in their custody and deaths in 
jail, prison, or detention settings. (i.e., deaths reportable on Form 
DCR-1).
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: For purposes of 
this collection, the term ``State'' includes any State of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. 
Thus, the affected public that will be asked to respond on a quarterly 
basis each federal fiscal year includes 56 State and Territorial 
actors. These States will be requesting information from approximately 
19,450 State and local law enforcement agencies (LEAs), 56 State and 
Territorial departments of corrections, and 2,800 local adult jail 
jurisdictions.
    6. An estimate of the total public burden (in hours) associated 
with the collection: For purposes of this burden calculation, it is 
estimated that for each fiscal year there will be a total of 1,900 
reportable deaths by 1,060 LEAs, 1,053 reportable deaths by 600 jails, 
and 3,483 reportable deaths by prisons. For FY 2020 and beyond, the 
total projected respondent burden is 13,756.49 hours. States will need 
an estimated 4.00 hours to complete each Quarterly Summary for a total 
of 4,480.00 hours, 0.25 hours to complete each corresponding Incident 
Reports (DCR-1A) for a total of 1,713.49 hours. For LEAs, the estimated 
burden to assist States in completing the Quarterly Summaries is 0.40 
hours per Report for a total of 1,696.00 hours, and a total of 1,425.00 
hours, at 0.75 hours for each corresponding Incident Report. The 
estimated burden for jails is a total of 960.00 hours to assist States 
in completing the Quarterly Summaries and 789.75 hours in completing 
Incident Reports. Finally, the estimated burden for prisons to assist 
States in completing the Quarterly Summaries is a total of 80.00 hours, 
and a total of 2,612.25 hours to assist States in completing Incident 
Reports.
    If additional information is required contact: Melody Braswell, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.

    Dated: June 6, 2018.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2018-12503 Filed 6-8-18; 8:45 am]
 BILLING CODE 4410-FY-P

27024 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices

same reporting deadline an Incident jail, State prison, State-run boot camp for each corresponding Incident Report.
Report (Form DCR–1A), which contains prison, boot camp prison that is The estimated burden for jails is a total
specific information on the contracted out by the State, any State or of 960.00 hours to assist States in
circumstances of the death and local contract facility, or other local or completing the Quarterly Summaries
additional characteristics of the State correctional facility (including any and 789.75 hours in completing
decedent. These include: juvenile facility).’’ 34 U.S.C. 60105(a). Incident Reports. Finally, the estimated
• The decedent’s name, date of birth, Please note that the DCRA burden for prisons to assist States in
gender, race, and ethnicity. information that States submit to the completing the Quarterly Summaries is
• The date, time, and location of the Department must originate from official a total of 80.00 hours, and a total of
death. government records, documents, or 2,612.25 hours to assist States in
• The law enforcement or personnel. completing Incident Reports.
correctional agency involved. The DCRA requires quarterly If additional information is required
• Manner of death. reporting. Because these data collection contact: Melody Braswell, Department
States must answer all questions on guidelines and associated system Clearance Officer, United States
the Incident Report before they can changes will not be finalized until FY Department of Justice, Justice
submit the form. If the State does not 2019, quarterly reporting will begin Management Division, Policy and
have sufficient information to complete with the 1st quarter of FY 2020. Deaths Planning Staff, Two Constitution
one of the questions, then the State may in prisons and jails occurring during Square, 145 N Street NE, 3E.405A,
select the ‘‘unknown’’ answer, if 2018 and 2019 will be captured by BJS Washington, DC 20530.
available, and then identify when the through its existing data collection
information is anticipated to be Dated: June 6, 2018.
program on deaths in prisons and jails.
obtained. Beginning with the first quarter of FY Melody Braswell,
4. Affected public who will be asked 2020 (October 2019), quarterly DCRA Department Clearance Officer for PRA, U.S.
or required to respond, as well as a brief reporting to BJA will include all Department of Justice.
abstract: reportable deaths—deaths occurring [FR Doc. 2018–12503 Filed 6–8–18; 8:45 am]
Primary: State, Local, or Tribal during interactions with law BILLING CODE 4410–FY–P
Government. enforcement personnel or while in their
Abstract: In order to comply with the custody and deaths in jail, prison, or
mandate of the DCRA, the Department detention settings. (i.e., deaths DEPARTMENT OF JUSTICE
of Justice, Bureau of Justice Assistance, reportable on Form DCR–1). [OMB Number 1105–0091]
is proposing a new data collection for 5. An estimate of the total number of
State Administering Agencies to collect respondents and the amount of time Agency Information Collection
and submit information regarding the estimated for an average respondent to Activities; Proposed eCollection
death of any person who is detained, respond: For purposes of this collection, eComments Requested; Extension
under arrest, or is in the process of the term ‘‘State’’ includes any State of Without Change, of a Previously
being arrested, is en route to be the United States, the District of Approved Collection; Assumption of
incarcerated, or is incarcerated at a Columbia, the Commonwealth of Puerto Concurrent Federal Criminal
municipal or county jail, State prison, Rico, the Virgin Islands, American Jurisdiction in Certain Areas of Indian
State-run boot camp prison, boot camp Samoa, Guam, and the Northern Country
prison that is contracted out by the Mariana Islands. Thus, the affected
State, any State or local contract facility, public that will be asked to respond on AGENCY: Office of Tribal Justice,
or other local or State correctional a quarterly basis each federal fiscal year Department of Justice.
facility (including any juvenile facility). includes 56 State and Territorial actors. ACTION: 60-Day notice.
DOJ proposes the following plan to These States will be requesting
collect DCRA information at the end of SUMMARY: The Department of Justice,
information from approximately 19,450
fiscal year 2019 and beyond. The plan, Office of Tribal Justice, will be
State and local law enforcement
which constitutes ‘‘guidelines submitting the following information
agencies (LEAs), 56 State and Territorial
established by the Attorney General’’ collection request to the Office of
departments of corrections, and 2,800
pursuant to section 2(a) of the DCRA, Management and Budget (OMB) for
local adult jail jurisdictions.
encompasses provisions specifically 6. An estimate of the total public review and approval in accordance with
required by the statute. burden (in hours) associated with the the Paperwork Reduction Act of 1995.
For purposes of this notice, the term collection: For purposes of this burden DATES: Comments are encouraged and
‘‘reportable death’’ means any death that calculation, it is estimated that for each will be accepted for 60 days until
the DCRA or the Department’s fiscal year there will be a total of 1,900 August 10, 2018.
guidelines require States to report. reportable deaths by 1,060 LEAs, 1,053 FOR FURTHER INFORMATION CONTACT: If
Generally, these are deaths that reportable deaths by 600 jails, and 3,483 you have additional comments
occurred during interactions with law reportable deaths by prisons. For FY especially on the estimated public
enforcement personnel or while the 2020 and beyond, the total projected burden or associated response time,
decedent was in their custody or in the respondent burden is 13,756.49 hours. suggestions, or need a copy of the
custody, under the supervision, or States will need an estimated 4.00 hours proposed information collection
under the jurisdiction of a State or local to complete each Quarterly Summary instrument with instructions or
law enforcement or correctional agency, for a total of 4,480.00 hours, 0.25 hours additional information, please contact
daltland on DSKBBV9HB2PROD with NOTICES

such as a jail or prison. Specifically, the to complete each corresponding Mr. Tracy Toulou, Director, Office of
DCRA requires States to report Incident Reports (DCR–1A) for a total of Tribal Justice, Department of Justice,
‘‘information regarding the death of any 1,713.49 hours. For LEAs, the estimated 950 Pennsylvania Avenue NW, Room
person who is detained, under arrest, or burden to assist States in completing the 2310, Washington, DC 20530 (phone:
is in the process of being arrested, is en Quarterly Summaries is 0.40 hours per 202–514–8812).
route to be incarcerated, or is Report for a total of 1,696.00 hours, and SUPPLEMENTARY INFORMATION: Written
incarcerated at a municipal or county a total of 1,425.00 hours, at 0.75 hours comments and suggestions from the

VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1

Document Created: 2018-11-02 11:58:14
Document Modified: 2018-11-02 11:58:14

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 August 10, 2018.
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 Chris Casto, Bureau of Justice Assistance, 810 Seventh Street NW, Washington, DC 20531 (email: [email protected]; telephone: 202- 616-6500).
FR Citation		83 FR 27023