Death in Custody Reporting Act

OMB Control No: 1121-0365	ICR Reference No: 201904-1121-002
Status: Active	Previous ICR Reference No: 201810-1121-004
Agency/Subagency: DOJ/OJP	Agency Tracking No: BJA
Title: Death in Custody Reporting Act
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/13/2019
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/12/2019
Terms of Clearance: Clearance is granted to conduct the Deaths in Custody Reporting Act collection for two years. The utility of this collection for enforcement, statistical, and research purposes will depend on BJA’s ability to collect complete and accurate data from central state respondents. Should BJA wish to continue this collection after the current approval term expires, the Information Collection Request submitted to OMB shall include an analysis of the utility of the data collected in 2020.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2021	36 Months From Approved
Responses	20,354	0	0
Time Burden (Hours)	13,757	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Death in Custody Reporting Act 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. 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 compliance and address non-compliance.

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Authorizing Statute(s): PL: Pub.L. 113 - 242 1 Name of Law: Death in Custody Reporting Act of 2013

Citations for New Statutory Requirements: US Code: 34 USC 60105 Name of Law: The Death in Custody Reporting

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 27023	06/11/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 44064	08/29/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 9

IC Title Form No. Form Name State Corrections Incident Report Jail Input none State Corrections Incident Report Jail Input Quarterly Summary none Quarterly Summary Quarterly Summary LEA Input none Quarterly Summary LEA Input State Corrections Incident Report for Prison Input none State Corrections Incident Report for Prison Input Quarterly Summary Jail Input none Quarterly Summary Jail Input LEA Incident Report for Lea Input none LEA Incident Report for LEA Input State Correction Incident Report none State Correction Incident Report Quarterly Summary Persons Input none Quarterly Summary Prisons Input LEA Incident Report none LEA Incident Report

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	20,354	0	0	20,354	0	0
Annual Time Burden (Hours)	13,757	0	0	13,757	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is resubmission of an collection that was improbably submitted in December 2018.

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Annual Cost to Federal Government: $126,464

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Chris Casto 202 353-7193

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 04/12/2019

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