[Federal Register: February 21, 2003 (Volume 68, Number 35)]
[Notices]
[Page 8525-8526]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe03-62]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
Agency Information Collection Activities: Proposed Collection;
Comments Requested
ACTION: 30-Day Notice of Information Collection Under Review: Revision
of a Currently Approved Collection Deaths in Custody--series of
collections from local jails, State prisons, juvenile and law
enforcement detention centers.
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The Department of Justice (DOJ), Office of Justice Programs (OJP)
has submitted 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 proposed
information collection is published to obtain comments from the public
and affected agencies. This proposed information collection was
previously published in the Federal Register Volume 67, Number 219,
page 68887 on November 13, 2002, allowing for a 60-day comment period.
The purpose of this notice is to allow for an additional 30 days
for public comment until March 21, 2003. This process is conducted in
accordance with 5 CFR 1320.10.
Written comments and/or suggestions regarding the items contained
in this notice, especially the estimated public burden and associated
response time, should be directed to The Office of Management and
Budget, Office of Information and Regulatory Affairs, Attention
Department of Justice Desk Officer, Washington, DC 20503. Additionally,
comments may be submitted to OMB via facsimile to (202) 395-7285.
Request 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:
(1) 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;
(2) Evaluate the accuracy of the agencies estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) 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: Revision of a currently
approved collection.
(2) Title of the Form/Collection: Deaths In Custody--Series of
Collections from Local Jails, State Prisons, Juvenile and Law
Enforcement Detention Centers. The series includes the forms: Quarterly
Summary of Inmate Deaths in State Prison; State Prison Inmate Death
Report; Quarterly Summary of Deaths in State Juvenile Residential
Facilities; State Juvenile Residential Death Report; Quarterly Report
on Inmates Under Jail Jurisdiction; Annual Summary on Inmates Under
Jail Jurisdiction; Quarterly Report on Inmates in Private and Multi-
Jurisdiction Jails; Annual Summary on Inmates in Private and Multi-
Jurisdictional Jails; Quarterly Summary of Deaths in Law Enforcement
Custody; and Law Enforcement Custodial Death Report.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number(s): NPS-4,
NPS-4A, NPS-5, NPS-5A. CJ-9, CJ-9A, CJ-10, CJ-10A, CJ-11 and CJ-11A.
Corrections Statistics Unit, Bureau of Justice Statistics, Office of
Justice Programs, United States Department of Justice.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Local jail administrators, (one
reporter from each of the 3,083 local jail jurisdictions in the United
states), State prison administrators (one reporter from each of the 50
States and the District of Columbia), and State juvenile correctional
administrators (one reporter from each of the 50 States and the
District of Columbia) responsible for keeping records on inmates will
be
[[Page 8526]]
asked to provide information for the following categories: (a) During
each reporting quarter, the number of deaths of persons in their
custody; and (b) As of January 1 and December 31 of each reporting
year, the number of mail and female inmates in their custody (local
jails only); and (c) Between January 1 and December 31 of each
reporting year, the number of male and female inmates admitted to their
custody (local jails only); and (d) The name, date of birth, gender,
race/ethnic origin, and date of death for each inmate who died in their
custody during each reporting quarter; and (e) The admission date,
legal status, and current offenses for each inmate who died in their
custody during the reporting quarter; and (f) Whether or not an autopsy
was conducted by a medical examiner or coroner to determine the cause
of each inmate death that took place in their custody during the
reporting quarter; and (g) The location and cause of each inmate death
that took place in their custody during the reporting quarter; and (h)
In cases where the cause of death was illness/natural causes (including
AIDS), whether or not the cause of each inmate death was the result of
a pre-existing medical condition, and whether or not the inmate had
been receiving treatment for that medical condition; and (i) In cases
where the cause of death was accidental injury, suicide, or homicide,
when and where the incident causing the inmate's death took place. As
part of the conference agreement for FY2000 appropriations, the Bureau
of Justice Statistics was directed by the U.S. Congress ``to implement
a voluntary annual reporting system of all deaths occurring in law
enforcement custody.'' BJS received OMB approval to conduct such as
annual collection (OMB No. 1121-0249). In the time since submitting
that collection for OMB approval, the President signed The Deaths in
Custody Act of 2000 into law (Pub. L. 106-297). To comply with Pub. L.
106-297's new requirement for a quarterly collection of inmate death
data from local jails, State prisons, and juvenile facilities, OMB
granted BJS an expanded clearance under the existing number (OMB No.
1121-0249) for the following series of forms: NPS-4, NPS-4A, NPS-5,
NPS-5A, CJ-9, CJ-9A, CJ-10, and CJ-10A. When this expanded OMB
Clearance No. 1121-0249 was ranged in September 2001, BJS had not yet
developed a data collection strategy for measuring deaths in law
enforcement custody ``in the process of arrest'', as required by Pub.
L. 106-297. At this time, BJS proposes a data collection program to
measure these law enforcement deaths which utilizes State-level central
reporters (one reporter from each of the 50 States and the District of
Columbia) from each State's criminal justice Statistical Analysis
Center (SAC) to provide information for the following categories: (a)
During each reporting quarter, the number of deaths of persons in the
custody of State and local law enforcement during the process of
arrest; (b) The deceased's name, date of birth, gender, race/Hispanic
origin, and legal status at time of death; (c) The date and location of
death, the manner and medical cause of death, and whether an autopsy
was performed; (d) The law enforcement agency involved, and the
offenses for which the inmate was being charged; (e) In cases of death
prior to booking, whether death was the result of a pre-existing
medical condition or injuries sustained at the crime or arrest scene,
and whether the officer(s) involved used any weapons to cause the
death; (f) In cases of death prior to booking, whether the deceased was
under restraint in the time leading up to the death, and whether their
behavior at the arrest scene included threats or the use of any force
against the arresting officers; (g) In cases of death after booking,
the time and date of the deceased's entry into the law enforcement
booking facility where the death occurred, and the medical and mental
condition of the deceased at the time of entry; and (h) In cases of
accidental, homicide or suicide deaths after booking) who and what were
the means of death (e.g. suicide by means of hanging). In States where
the SAC cannot perform this function, a statewide central reporter will
be selected from among the following: the State Attorney General's
office, the State police, the State Medical Examiner's Office, and the
State respondent to the Federal Bureau of Investigation's Uniform Crime
Reporting program. This collection will supplement the existing
quarterly data collections on State prison, local jail and juvenile
correctional facility inmate deaths which the Bureau of Justice
Statistics has already begun in order to implement Pub. L. 106-297. The
Bureau of Justice Statistics will use this new information to publish
an annual report on deaths in custody. The report will be made
available to the U.S. Congress, Executive Officer of the President,
practitioners, researchers, students, the media, and others interested
in criminal justice statistics and data.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: There are an
estimated 3,236 respondents associated with this collection. The
estimated average time to respond per form is: Quarterly Summary of
Inmate Deaths in State Prisons (NPS-4)/quarterly--51 respondents
(average response time = 5 minutes) State Prison Inmate Death Report
(NPS-4A)/quarterly--51 respondents (average response time = 30 minutes
per reported death) Quarterly Summary of Deaths in State Juvenile
Residential Facilities (NPS-5)/quarterly--51 respondents (average
response time = 5 minutes) State Juvenile Residential Death Report
(NPS-5A)/quarterly--51 respondents (average response time = 30 minutes
per reported death) Quarterly Report on Inmate Deaths Under Jail
Jurisdiction (CJ-9)/quarterly--2,989 respondents (average response time
= 5 minutes + 30 minutes per reported death) Annual Summary on Inmates
Under Jail Jurisdiction (CJ-9A)/annual--2,989 respondents (average
response time = 15 minutes) Quarterly Report on Inmate Deaths in
Private and Multi-Jurisdiction Jails (CJ-10)/quarterly--94 respondents
(average response time = 5 minutes + 30 minutes per reported death)
Annual Summary on Inmates in Private and Multi-Jurisdiction Jails (CJ-
10A)/annual--94 respondents (average response time = 15 minutes)
Quarterly Summary of Deaths in Law Enforcement Custody (CJ-11)/
quarterly--51 respondents (average response time = 5 minutes) Law
Enforcement Custodial Death Report (CJ-11A)/quarterly--51 respondents
(average response time = 60 minutes per reported death).
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 4,319 burden hours annually
associated with this information collection.
If additional information is required contact: Mrs. Brenda E. Dyer,
Deputy Clearance Officer, United States Department of Justice,
Information Management and Security Staff, Justice Management Division,
Suite 1600, Patrick Henry Building, 601 D Street NW., Washington, DC
20530.
Dated: February 14, 2003.
Brenda E. Dyer,
Department Deputy Clearance Officer, United States Department of
Justice.
[FR Doc. 03-4202 Filed 2-20-03; 8:45 am]
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