Notice2021-19400
Agency Information Collection Activities; Proposed eCollection eComments Requested; Death in Custody Reporting Act Collection
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 8, 2021
Issuing agencies
Justice DepartmentJustice Programs Office
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 171 (Wednesday, September 8, 2021)</title>
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[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50375-50376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19400]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
[OMB Number 1121-0365]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; Death in Custody Reporting Act Collection
AGENCY: Office of Justice Programs, Department of Justice.
ACTION: 30-Day notice.
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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.
DATES: Comments are encouraged and will be accepted for 30 days until
October 8, 2021.
FOR FURTHER INFORMATION CONTACT: Written comments and recommendations
for the proposed information collection should be sent within 30 days
of publication of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function.
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: Extension of currently approved
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:
Form number (if applicable): 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.
Component: Bureau Justice Assistance, U.S. Department of Justice.
[[Page 50376]]
Form number (if applicable): DCR-1A.
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 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:
<bullet> The decedent's name, year of birth, gender, race, and
ethnicity.
<bullet> The date, time, and location of the death.
<bullet> The law enforcement or correctional agency involved.
<bullet> Description of the 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.
Component: Bureau Justice Assistance, U.S. Department of Justice.
4. Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: State, Local, or Tribal Government.
Abstract: 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. 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: September 2, 2021.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2021-19400 Filed 9-7-21; 8:45 am]
BILLING CODE 4410-18-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.