Date: 2011-09-20
Speaker: JACKSON LEE (democrat)
Chamber: H
State: Texas

Mr. Speaker. I rise today in support of H.R. 2189. "the Death in Custody Reporting Act of 2011." would require Federal law enforcement agencies and States that receive certain Federal funds to report to the Department of Justice (DOJ) any deaths of persons arrested or detained by law enforcement personnel under their jurisdiction. H.R. 2189 directs DOJ to prepare a report. within two years of enactment. on the information provided by Federal agencies and States and on ways to reduce the number of such deaths. As a Senior Member on the Judiciary Committee. I am always concerned about the care of all persons detained by Federal. State. and local authorities. Whenever a death occurs in local jails. State prisons. or during the process of arrests by local and State law enforcement. we must ensure that there are systems in place which can identify the reasons behind each deathin the hope that when possible we can prevent these deaths. The collection of this type of information is a vital first step in this process. The Bureau of Justice Statistics (BJS) collects and disseminates this type of data. Originally the program was initiated by The Death in Custody Reporting Act of 2000. upon the expiration of the Act. the BJS continued to collect this information. The BJS needs our support as they represent a unique national resource for understanding mortality in the criminal justice system. We all know the important role that law enforcement officers play in protecting our streets and our neighborhoods. This data reflects the challenges that they must face in the line of duty and how to best address those challenges. According to the Bureau of Justice Statistics. fortyseven States and the District of Columbia reported 2.002 arrestrelated deaths during the three years from 2003 through 2005. Homicides by State and local law enforcement officers were the leading cause of such deaths at 55 percent of deaths. followed by alcohol and drug intoxication incidents. which accounted for 13 percent of deaths. and suicides that represented 12 percent of deaths. In 80 percent of homicides by law enforcement officers. the person being arrested reportedly used a weapon to threaten or assault the arresting officer. Virtually all homicides by officers which accounts for 96 percent of deaths were caused by firearm use. According to the FBI during the same period 380 law enforcement officers were killed in the line of duty of which 159 were homicides. Having these facts readily available will allow authorities to find ways to address the issues faced by those being detained. in detention. and those responsible for safeguarding our neighborhoods and upholding our laws. H.R. 2189 requires States to report to the Attorney General on quarterly basis information regarding the death of any person who is detained. arrested. en route to incarceration. or incarcerated in state or local facilities or a boot camp prison. To encourage compliance with this requirement States that fail to comply must pay a penalty. H.R. 2189 also requires the head of each Federal law enforcement agency to provide a report directly to the Attorney General. The Attorney General will then study the information and report on means by which it can be used to reduce the number of such deaths. Summarily H.R. 2189 reauthorizes the Death in Custody Reporting Act. This legislation requires the submission of death statistics at the Federal. State and local levels. The legislation also provides for reductions of up to ten percent of Federal Byrne JAG grant funds at the discretion of the Attorney General. in the event of a States noncompliance with the reporting requirements. H.R. 2189 also requires an accurate and complete study and report of information on deaths that occurred in custody. Further. H.R. 2189 does not authorize or require any additional spending. For these reasons I support this legislation and firmly believe it can be used to advance our understanding of mortality in the criminal justice system. which will one day save a life. We must continue to protect persons who are in the custody of Federal. State. and local authorities. I urge my colleagues to lend their support to the bill.