Ala. Admin. Code ch. 265-X-9 | Alabama Administrative Code Chapter 265-X-9 — Death in Custody Reporting

265 Alabama Justice Information Center

This rule establishes the requirement for law enforcement agencies to submit information regarding the death of a person occurring while in custody. The recording of such information is necessary for the State to receive federal grant funding to supplement law enforcement operations across the state.

History

State, county and municipal law enforcement agencies shall report 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 contracted out by the state, and state or local contract facility, or other local or state correctional facility (including any juvenile facility) to the ALEA Criminal Justice Information Services Division (CJIS).
The department or agency having physical custody of the decedent at the time of death is responsible for reporting the death.

History

The information collected will include the following: 1. Information describing the death to include: 1. Date/time of death 2. Location of death (street address, city, state, zip code) 3. Location type of where the death occurred (jail, boot camp, etc.) 4. Name of department or agency that detained, arrested, or was in the process of arresting the decedent 5. Manner of Death (execution, accident, natural causes, etc.) 6. Name of department or agency conducting the death investigation when manner of death is unknown 7. Approximate end date of pending death investigation 8. Brief description of circumstances leading to the death 2. Information identifying the decedent will include the following: 1. Full name 2. Birth year, gender, race, ethnicity 3. Information identifying the reporting person and department/agency will include the following: 1. Name, Title 2. Email address, phone/fax number 3. Department/Agency
Other information may be required to conform with amendments to federal law or additional requirements in state law. ALEA CJIS will determine if there are changes in the reporting laws and adjust its procedures for submission accordingly.

History

All agencies subject to this rule shall report deaths within a quarter as follows: 1. First quarter is October 1–December 31; reporting is due January 30. 2. Second quarter is January 1–March 31; reporting is due April 30. 3. Third quarter is April 1–June 30; reporting is due July 30. 4. Fourth quarter is July 1–September 30; reporting is due October 30.

If no deaths occurred during a quarter, the agency must report that zero (0) deaths occurred.

History

ALEA CJIS shall provide a uniform method of collecting information that complies with federal Death in Custody Reporting Act (DCRA) (Public Law 113-242) standards as determined by the United States Department of Justice.
ALEA CJIS shall create a procedure, subject to Commission approval, for compliance with the rule and provide to all agencies subject to this rule.
CJIS shall provide DCRA data to authorized persons employed by the Alabama Department of Economic and Community Affairs (ADECA) who will submit it to the United States Attorney General in compliance with DCRA requirements.

History

The information collected by CJIS will not be made public by ALEA. Any inquiry regarding a reported incident shall only be directed to the reporting agency.

History