Arkansas State Death in Custody Reporting Implementation

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The Arkansas Department of Finance and Administration oversees the reporting of death in custody incidents as mandated by federal and state laws. The State Administering Agency collaborates with reporting entities to submit quarterly Death in Custody Reports to the Bureau of Justice Assistance. A State Implementation Plan is now required starting in FFY23 for compliance with JAG federal grants, with assistance available from the DCRA TTA Center. Stakeholders must coordinate to develop and implement this plan effectively.

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Office of Intergovernmental Services 1515 West Seventh Street, Suite 400 STATE OF ARKANSAS Department of Finance and Administration Post Office Box 8031 Little Rock, Arkansas, 72203-8031 Phone: (501) 682-1074 Fax: (501) 682-5206 https://www.dfa.arkansas.gov/intergovernmental-services 1 DEATH IN CUSTODY STATE IMPLEMENTATION PLAN 1

2 20XX Pitch deck title

Federal & State Law The Death in Custody Reporting Act of 2013 requires states receiving allocations under specified provisions of the Omnibus Crime Control and Safe Streets Act of 1968 to report certain information regarding the death of any person in law enforcement custody. This may include individuals who are detained, arrested, enroute to incarceration, or incarcerated in a state or local facility or boot camp prison. With regard to any death in a correctional facility, the county coroner and the State Medical Examiner shall be notified, and when previous medical history does not exist to explain the death, the Department of Arkansas State Police shall be notified. Arkansas Code 12-12-315 (2018) - Notification of certain deaths 2

State Administering Agency Arkansas Department of Finance and Administration is the (SAA) and collects reporting data from ACIC and submit reports to BJA. 4

SAA & Reporting Entities 5 Arkansas Department of Finance and Administration (DFA) as the SAA is responsible for submission of the Death in Custody Report (DCRA) to BJA. Each quarter, the SAA received reports from ACIC which is then submitted to the federal agency. In recent quarters, BJA has requested revisions to the data submitted. ACIC is working on revising the data. The DCRA report is submitted quarterly along with other quarterly reports in the federal reporting system. 20XX Pitch deck title

In addition to quarterly reporting, BJA now requires a State Implementation Plan beginning in FFY23. This plan is mandatory to under the JAG federal grant. The link to the training on DCRA State Implementation Plan is located at: Death in Custody Reporting Act (DCRA) State Implementation Plan Training (youtube.com) The SAA must coordinate with all required stakeholders to develop a plan for collecting and reporting date to BJA. DCRA TTA Center (JRSA) is available to provide assistance if needed BJA and DCRA TTA Center (JRSA) reviews and approves the submitted Plan. SAA will arrange training with JRSA if needed. 7

FEDERAL GRANT AFFECTED: 2023 JAG Until the Implementation Plan is submitted, access to funding under 2023 JAG grant is placed on hold. Plan must be at least minimally sufficient in order for the hold on funding to be released. Approved plans will be made public. 8

State Implementation Plan for DCRA Plan Elements: State laws governing reporting deaths in custody. Universe of reporting for state must be identified including all agencies who are required to report. Number of law enforcement entities (those with arrest powers), prisons, jail and confinement facilities in the state. Identify entities not currently reporting and establish line of communication to encourage reporting. Identify specific methods for each reporting entity: law enforcement, municipal and county jails or lock up facilities, state or contract prisons, state-run boot camp facilities. Identify data collection tools being used: Excel spreadsheets, data systems, etc) Examine data collection methods. Specify process for tracking and updating status of records that are pending. Provide data on how these entities will report deaths to the SAA. Provide technical assistance and training to state and local entities needing to report. Who verifies and validates the information (review and verification). Describe state statistical analysis center responsibility (DPS/ACIC). Designate a person(s) within the SAA/partner agency to oversee reporting and data verifications from state/local agencies. Document challenges and plans to address. SAA policies and procedures based on data collection infrastructure. SAA process for vetting data prior to submitting to BJA. 9

State Implementation Plan for DCRA (continued) Expectations: Starting where you are today and move the needle forward. Explain outreach strategies to get everyone on board. Understand and document challenges. Describe state statute in comparison to federal law. Engage with state membership organizations for police sheriff/jails and corrections to help facilitate reporting. Plan Updates: Plan changes to be submitted annually and must show progress over time. 10

State Submit Implementation Plan Ensure plan addresses all required criteria Plan does not have to be perfect BJA Review The BJA-JAG teams reviews state plan for minimum requirements JRSA Review After BJA-JAG team reviews, plans are sent to JRSA for an in-depth review Feedback JRSA will conduct outreach to SAA s regarding their plan and provide feedback/TTA as needed 11

TARGET TIMELINE 1 2 3 Complete the Draft of the implementation plan and submit by February 29 Receive feedback/ request TTA if needed/revise and resubmit by March 31 Obtain final approval by April 30 11

QUARTERLY DEATH IN CUSTODY REPORTING 13 20XX

QUARTERLY DEATH IN CUSTODY REPORTNG DATA 1. Was there at least one reportable death in your state during the reporting period? A reportable death refers to the death of an individual who was detained, arrested, enroute to incarceration, or incarcerated in a state or local facility or boot camp prison. A. Yes B. No (If No, this marks the conclusion of the module) C. If Yes, provide the number of reportable deaths in your state during the reporting period:_______________ 2. Provide the following decedent information. If you have multiple deaths in custody, report them one at a time. A. Name: ____________________ B. Gender 1. Male 2. Female 3. Other gender identity: ____________________ C. Race (Select all that apply) 1. American Indian or Alaska Native 2. Asian 3. Black or African American 4. Native Hawaiian or other Pacific Islander 5. White 6. Unknown D. Ethnicity 1. Hispanic, Latino, or Spanish origin 2. Not of Hispanic, Latino or Spanish origin 3. Unknown E. Birth year (YYYY) (If unknown, enter 9999 ): ___________________ 12

QUARTERLY DEATH IN CUSTODY REPORTNG DATA (continued) 3. List the following information regarding the decedent s death. A. Date of death (MM-DD-YYYY): _________________ B. Time of death (24-hour clock): _________________ C. Location of death location of death: ________________ 2. Street address: _________________ 3. City: _________________ 4. State (postal abbreviation): _________________ 5. Zip code: _________________ 1. Location name (if applicable). This could be the name of a facility, place of business, or other designation for the D. If the event causing the death occurred in any of the following facilities, indicate the appropriate facility. If the event causing the death did not occur in one of the following facilities, select none of the above. 1. Municipal or county jail 2. State prison 3. State run boot camp prison 4. Contracted boot camp prison 5. Any state or local contract facility 6. Other local or state correctional facility (to include any juvenile facility) 7. None of the above 4. List the name of the department or agency that detained, arrested, or was in the process of arresting the deceased. A. Agency name: ___________________ 13

QUARTERLY DEATH IN CUSTODY REPORTNG DATA (continued) 5. Indicate the manner of death. Select only one. A. Execution (i.e., capital punishment) B. Accident C. Death attributed to use of force by a law enforcement or corrections officer D. Homicide (e.g., an incident between two or more incarcerated individuals resulting in death) E. Natural causes F. Suicide G. Unavailable, investigation pending If Yes, report the agency conducting the investigation and an approximate end date. When the investigation has concluded, contact State of Arkansas Department of Finance and Administration to update this report. ___________________ H. Other, explain: ____________________ 6. Provide a brief description of the circumstances leading to the death (e.g., details surrounding an event that may have led to the death, the number and affiliation of any parties involved in the incident, the location and characteristics of the incident, other context related to the death, etc.). ___________ Examples of brief circumstances surrounding a decedent s death: Provide the number of individuals involved in any altercations preceding death (e.g., number of inmates or law enforcement officers on scene). Provide a more specific manner of death (e.g., end-stage liver disease, stab wounds from an altercation, asphyxiation due to being placed in a prone position while restrained). Provide a general time of day that the death occurred (e.g., morning, afternoon; evening). Provide the location of the decedent (e.g., jail cell, scene of arrest, medical facility). For deaths occurring during the process of arrest Arrest-Related Deaths (ARDs) BJA requests several additional details be provided in the brief circumstances, including: why initial contact was made with the decedent, if the decedent was armed, if the decedent was resisting arrest, and if life-saving measures were administered. 14

LINKS TO DCRA RESOURCES 17 RESOURCES [FAQ, DCRA Performance Measures, Federal Law] Death in Custody Reporting Act (ojp.gov) Death in Custody Act Performance Measures Questionnaire (ojp.gov) uscode.house.gov/statviewer.htm?volume=128&pag e=2860 20XX