Commission calls for more accurate reporting of in-custody deaths
Published on March 03, 2023
Wayne County Commissioners today approved a resolution calling for check boxes to be added to county death certificates noting whether the deceased died in police custody, in keeping with requirements of the federal Death in Custody Reporting Act.
The resolution is designed to provide reliable information on Wayne County death in custody instances and inspire state officials to improve transparency and processes in jails, prisons and other custodial facilities, identifying trends and helping develop corrective actions that prevent avoidable deaths.
Commissioner Monique Baker McCormick (D-Detroit), who drafted the resolution, said she was stunned that information gaps remained a decade after the federal act went into effect.
"Clearly, it's long past time for a universal reporting system in Wayne County," said Commissioner Baker McCormick who is also chair of the commission's Health and Human Services Committee.
The resolution calls on the Wayne County Sheriff's Department and Wayne County Medical Examiner's Office to each submit an annual report to the county commission including the name, birth date, sex, race and ethnic background of those who died in police custody as well as the date, time and manner of their deaths.
It also calls upon Governor Gretchen Whitmer and the Michigan Department of Health and Human Services to amend the State of Michigan death certificate form to add a check box that designates whether the death occurred in custody.
In approving the resolution, commissioners noted that countywide reporting remains inconsistent under the 23-year-old federal law.
"Many departments in our county do maintain such records, but not all," county commission Chair Alisha Bell (D-Detroit) said. "This is important information that must be consistently maintained and available to the public."
Deaths in custody are defined under the federal act as those involving, "deaths of any person detained, under arrest, or is in the process of being arrested, enroute to be incarcerated, or is incarcerated."
Such deaths are required to be reported by locals to federal law enforcement agencies. A copy of the resolution follows:
RESOLUTION
By Commissioner Baker McCormick
WHEREAS, the revamped federal Death in Custody Reporting Act (DCRA) mandates that "deaths in custody" also defined as "deaths of any person detained, under arrest, or is in the process of being arrested, en route to be incarcerated, or is incarcerated" be reported by local governments to federal authorities; and
WHEREAS, the primary purpose of the DCRA is to ascertain why deaths happen in custody and to develop solutions to prevent them; and
WHEREAS, despite the requirements of the DCRA for states to accurately account for deaths in custody, compliance has not been pervasive; and
WHEREAS, studies have found that nationally, close to 55% of deaths that occurred while in custody or in association with law enforcement-related interventions were misclassified and often underreported; and
WHEREAS, underreporting is essentially a failure of public health infrastructure; and
WHEREAS, reporting of deaths should be a key function of public health, one that entails enumerating deaths, describing the circumstances under which deaths occur, and using this data to inform systemic changes that can prevent future deaths; and
WHEREAS, by capturing more reliable death in custody information, policymakers can improve transparency and processes in custodial facilities, identify trends and formulate appropriate corrective actions that ultimately prevent avoidable deaths; and
WHEREAS, advocates calling for efforts to capture more reliable data contend that deaths in custody could be better tracked by improving data collection and reporting practices, establishing review committees and reforming death investigations; and
WHEREAS, it is particularly believed that check boxes on death certificates designating that a death occurred in custody would simplify reporting for medical examiners and overall improve tracking. A check box system would allow the raw data to be stored in databases that are electronically published and better able to be utilized by governmental entities and the public; and
WHEREAS, the Michigan Department of Health and Human Services oversees and determines the content of vital records such as death certificates and currently does not require a check box; and
WHEREAS, a lack of accountability in deaths in custody further diminishes the public's trust in government institutions and law enforcement in particular; and
WHEREAS, Wayne County has an interest in the recording and reporting of reliable information on deaths that occur in the County, especially those occurring in law enforcement custody.
Now, therefore be it
RESOLVED, that the Wayne County Commission on this 2nd day of March 2023 does hereby call upon Governor Gretchen Whitmer and the Michigan Department of Health and Human Services to amend the State of Michigan death certificate form to add a check box that designates whether the death occurred in custody; and be it further
RESOLVED, that the Wayne County Commission urges the Wayne County Sheriff and the Medical Examiner's Office and all law enforcement agencies in Wayne County to reaffirm their commitment to ensuring compliance with the federal Death in Custody Reporting Act (DCRA) including the collection and tracking of deaths that occur in custody; and be it further
RESOLVED, that the Wayne County Commission encourages all law enforcement agencies located within Wayne County to timely report deaths that occur in custody in accordance with the DCRA and to implement internal policies that prevent such deaths; and be it further
RESOLVED, that the Wayne County Sheriff and Medical Examiner's Office shall each submit an annual report regarding deaths occurring in custody to the Wayne County Commission which include at minimum: the decedent's date of birth, gender, race and ethnicity; the date, time and location of the death; the manner of death; and law enforcement agency involved; and be it further
RESOLVED, that the collection of death in custody information on a consistent and reliable basis should provide Wayne County with opportunities for tracking of medical conditions, analysis of trends and patterns, and reallocation of resources that improve the quality of life for Wayne County residents; and be it further
RESOLVED, that copies of this Resolution be forwarded to Governor Gretchen Whitmer; the Director of the Michigan Department of Health and Human Services; the Wayne County Executive; the Director of the Wayne County Department of Health, Human & Veterans Services; the Wayne County Sheriff; and the Mayor or Supervisor and Chief of Police of the 43 communities located within Wayne County.
Commission calls for more accurate reporting of in-custody deaths(PDF, 203KB)