Idaho Service Since 1939

Colonel Kedrick R. Wills Brad Little Director Governor

Subject: Death in Custody Reporting Act of 2013

The State Police (ISP) is the State Administering Agency (SAA) for the Edward Byrne Memorial Justice Assistance Grant (JAG), a federal pass‐through formula grant awarded annually to states by the Bureau of Justice Assistance (BJA). JAG funds in Idaho are awarded through a competitive process by the Idaho Grant Review Council to units of local government, non‐profit organizations, state agencies, Indian Tribal Governments, or faith based organizations.

The 2019 federal JAG solicitation included a new SAA requirement to report data pursuant to the Death in Custody Reporting Act (DCRA) of 2013 (Public Law 113‐242). “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.” Starting with the October through December 2019 quarter, “states must either (1) identify all reportable deaths that occurred in their jurisdictions 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.” As the SAA, ISP is required to collect and report DCRA data in BJA’s Performance Measurement Tool (PMT); data that would come from state juvenile corrections centers and county juvenile detention centers via the attached Death in Custody Reporting Act Reporting Form. States that fail to comply may be subject to not more than a 10% reduction in funds that would otherwise be allocated for that fiscal year to those states under JAG. If Idaho does not comply and a penalty is imposed, the annual state JAG award could be reduced by up to $96,354 (based on 2019 JAG Award).

According to DCRA, reportable deaths include 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 contacted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility). For each reportable death, ISP (through Planning, Grants, and Research – PGR) must enter the following information, at a minimum, into the PMT:  the name, gender, race, ethnicity, and birth year of the deceased;  the date, time, and location of the death;  the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and  a brief description of the circumstances surrounding the death.

The attached form further details what types of deaths should be reported by state juvenile corrections centers and county juvenile detention center in Idaho.

700 S. Stratford Drive • Meridian, Idaho 83642-6202

EQUAL OPPORTUNITY EMPLOYER If your agency had a reportable death between October 1, 2019 and December 31, 2019, please complete the attached form and email it by January 27, 2020. One form is required for each death. If there were no reportable deaths, confirm this by answering the question on the bottom of the first page of the form. The forms, including those confirming no deaths, should be emailed to [email protected]. ISP PGR is required to collect DCRA data and confirmation of no deaths on a quarterly basis, so we will send quarterly reminders.

If you have any questions regarding DCRA reporting, please contact ISP PGR at 208‐884‐7040 or [email protected].

Sincerely,

Kara Thompson Grants/Contracts Management Supervisor Planning, Grants, and Research