The Office of Justice Assistance (OJA) has implemented the federal Deaths in Custody Reporting Act (DICRA) of 2000 (Public Law 106-297). This Act requires the reporting on deaths of persons while in the custody of a law enforcement agency and deaths that result from lethal force by law enforcement officers.

The definition of the deaths at issue is: A death of an arrested person or an intended arrestee that occurs during the process of arrest, in the custody of law enforcement officers, or as the result of lethal force by officers. Further refinement of this definition is presented below. This reporting system is intended to complement another federal system that requires reporting on persons who die during incarceration, either in jails or prisons. This existing system was also enhanced by DICRA requirements. For further information on the federal act and national data trends in this area, see this Powerpoint presentation.

The federal Bureau of Justice Statistics (US Department of Justice) collects and maintains national level data and has directed states to report cases quarterly, going back initially to January of 2003. OJA has asked all County Coroners and Medical Examiners to provide basic identifying information on any cases they suspect fit the definition given here. With this information, OJA obtains a death certificate and then contacts the law enforcement agency involved for the further information needed. Some referred cases may not to be subject to this reporting requirement, but often this cannot be determined until the last stage of data collection with the law enforcement agency.

If you question whether to report a death, please refer to the following:

We include deaths of persons arrested or subject to arrest who die:

• From any cause while in the physical custody or physical or practical restraint of law enforcement officers (even if no arrest has yet occurred);

• At a crime scene, in transit, in a booking or intake center, or medical facility, or in a police lock-up or jail prior to arraignment;

• As a result of lethal force by officers.

We exclude deaths:

• Which result from accidents, suicides or natural causes prior to being placed in custody or physical restraint, or prior to the use of force by officers;

• Of persons in formal locked confinement after arraignment (jail, detention center or prison);

• Of persons not intended to be arrested (bystanders, etc.).

Last Modified:   10/13/2009 11:44:39 AM

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