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  3. Notification and Review Procedures for Certain Deaths and Deaths in Custody

Notification and Review Procedures for Certain Deaths and Deaths in Custody

Guidance
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This memorandum provides policy and procedures to be followed for notifications to internal program offices related to the death of any person in the custody of U.S. Customs and Border Protection (CBP), the Department of Homeland Security (DHS), the DHS Office of Inspector General, Congress, the public, international partners, and the Federal Death in Custody Reporting Program (FDCRP) within the U.S. Department of Justice (DOJ). This memorandum also establishes policies and procedures to be followed for notifications related to reportable deaths associated with individuals not in custody.

The policies and procedures set forth in this memorandum ensure compliance with CBP's statutory obligations under the Death in Custody Reporting Act (DCRA) ( 42 U.S.C. Section 13727). The DCRA requires CBP to report information regarding in-custody deaths to DOJ on an annual basis. Within DOJ, the FDCRP has primary responsibility for collecting, aggregating, analyzing, and reporting that information to Congress.

Last Modified: November 10, 2021