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APPENDIX 1: The Omnibus Crime Control and Safe Streets Act of 1968
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APPENDIX 2: National Prisoner Statistics Program, NPS-8/8A Sample data
collection request letter
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APPENDIX 3: National Prisoner Statistics Program, NPS-8 Sample data
collection form
13
APPENDIX 4: National Prisoner Statistics Program, NPS-8A Sample data
collection form
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APPENDIX 5: National Prisoner Statistics Program, NPS-8/8A Sample
login information letter
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APPENDIX 6: National Prisoner Statistics Program, NPS-8/8A Sample
data collection flyer
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APPENDIX 7: National Prisoner Statistics Program, NPS-8B Sample
data collection form
22
APPENDIX 8: National Prisoner Statistics Program, NPS-8C Sample
data collection form
25
APPENDIX 9: National Prisoner Statistics Program, NPS-8B/8C Sample
data collection request letter
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APPENDIX 10: National Prisoner Statistics Program, NPS-8B/8C Sample
data collection flyer
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APPENDIX 11: National Prisoner Statistics Program, NPS-8/8A Sample
BJS email data release notification letter
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APPENDIX 12: National Prisoner Statistics Program, NPS-8B/8C Sample
BJS email data release notification letter
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APPENDIX 13: National Prisoner Statistics Program, NPS-8/8A Screenshots
of 2018 secure web data collection tool
36
APPENDIX 14: National Prisoner Statistics Program, NPS-8B/8C Screenshots
of 2018 secure web data collection tool
52
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Appendix 1:
The Omnibus Crime Control and Safe Streets Act of 1968
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34 USC Subtitle I, CHAPTER 101, SUBCHAPTER III: BUREAU OF JUSTICE STATISTICS
From Title 34—CRIME CONTROL AND LAW ENFORCEMENT
Subtitle I—Comprehensive Acts
CHAPTER 101—JUSTICE SYSTEM IMPROVEMENT
SUBCHAPTER III—BUREAU OF JUSTICE STATISTICS
§10131. Statement of purpose
It is the purpose of this subchapter to provide for and encourage the collection and analysis of statistical information
concerning crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the civil
justice system and to support the development of information and statistical systems at the Federal, State, and local
levels to improve the efforts of these levels of government to measure and understand the levels of crime, juvenile
delinquency, and the operation of the criminal justice system and related aspects of the civil justice system. The
Bureau shall utilize to the maximum extent feasible State governmental organizations and facilities responsible for the
collection and analysis of criminal justice data and statistics. In carrying out the provisions of this subchapter, the
Bureau shall give primary emphasis to the problems of State and local justice systems.
(Pub. L. 90–351, title I, §301, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98–473,
title II, §605(a), Oct. 12, 1984, 98 Stat. 2079.)
CODIFICATION
Section was formerly classified to section 3731 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.
PRIOR PROVISIONS
A prior section 301 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 199; Pub. L. 91–644, title I, §4(1)–(4),
Jan. 2, 1971, 84 Stat. 1882; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 199; Pub. L. 94–503, title I, §§109,
128(b), Oct. 15, 1976, 90 Stat. 2411, 2424, related to purposes and categories of grants for law
enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96–
157.
AMENDMENTS
1984—Pub. L. 98–473 struck out "(including white-collar crime and public corruption)" after "information
concerning crime" and "(including crimes against the elderly, white-collar crime, and public corruption)"
after "levels of crime".
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out
as an Effective Date note under section 10101 of this title.
§10132. Bureau of Justice Statistics
(a) Establishment
There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau
of Justice Statistics (hereinafter referred to in this subchapter as "Bureau").
(b) Appointment of Director; experience; authority; restrictions
The Bureau shall be headed by a Director appointed by the President. The Director shall have had experience in
statistical programs. The Director shall have final authority for all grants, cooperative agreements, and contracts
awarded by the Bureau. The Director shall be responsible for the integrity of data and statistics and shall protect
against improper or illegal use or disclosure. The Director shall report to the Attorney General through the Assistant
Attorney General. The Director shall not engage in any other employment than that of serving as Director; nor shall the
Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau
makes any contract or other arrangement under this Act.
(c) Duties and functions of Bureau
3
The Bureau is authorized to—
(1) make grants to, or enter into cooperative agreements or contracts with public agencies, institutions of higher
education, private organizations, or private individuals for purposes related to this subchapter; grants shall be made
subject to continuing compliance with standards for gathering justice statistics set forth in rules and regulations
promulgated by the Director;
(2) collect and analyze information concerning criminal victimization, including crimes against the elderly, and civil
disputes;
(3) collect and analyze data that will serve as a continuous and comparable national social indication of the
prevalence, incidence, rates, extent, distribution, and attributes of crime, juvenile delinquency, civil disputes, and
other statistical factors related to crime, civil disputes, and juvenile delinquency, in support of national, State, tribal,
and local justice policy and decisionmaking;
(4) collect and analyze statistical information, concerning the operations of the criminal justice system at the
Federal, State, tribal, and local levels;
(5) collect and analyze statistical information concerning the prevalence, incidence, rates, extent, distribution, and
attributes of crime, and juvenile delinquency, at the Federal, State, tribal, and local levels;
(6) analyze the correlates of crime, civil disputes and juvenile delinquency, by the use of statistical information,
about criminal and civil justice systems at the Federal, State, tribal, and local levels, and about the extent,
distribution and attributes of crime, and juvenile delinquency, in the Nation and at the Federal, State, tribal, and local
levels;
(7) compile, collate, analyze, publish, and disseminate uniform national statistics concerning all aspects of criminal
justice and related aspects of civil justice, crime, including crimes against the elderly, juvenile delinquency, criminal
offenders, juvenile delinquents, and civil disputes in the various States and in Indian country;
(8) recommend national standards for justice statistics and for insuring the reliability and validity of justice statistics
supplied pursuant to this chapter;
(9) maintain liaison with the judicial branches of the Federal Government and State and tribal governments in
matters relating to justice statistics, and cooperate with the judicial branch in assuring as much uniformity as feasible
in statistical systems of the executive and judicial branches;
(10) provide information to the President, the Congress, the judiciary, State, tribal, and local governments, and the
general public on justice statistics;
(11) establish or assist in the establishment of a system to provide State, tribal, and local governments with access
to Federal informational resources useful in the planning, implementation, and evaluation of programs under this Act;
(12) conduct or support research relating to methods of gathering or analyzing justice statistics;
(13) provide for the development of justice information systems programs and assistance to the States, Indian
tribes, and units of local government relating to collection, analysis, or dissemination of justice statistics;
(14) develop and maintain a data processing capability to support the collection, aggregation, analysis and
dissemination of information on the incidence of crime and the operation of the criminal justice system;
(15) collect, analyze and disseminate comprehensive Federal justice transaction statistics (including statistics on
issues of Federal justice interest such as public fraud and high technology crime) and to provide technical assistance
to and work jointly with other Federal agencies to improve the availability and quality of Federal justice data;
(16) provide for the collection, compilation, analysis, publication and dissemination of information and statistics
about the prevalence, incidence, rates, extent, distribution and attributes of drug offenses, drug related offenses and
drug dependent offenders and further provide for the establishment of a national clearinghouse to maintain and
update a comprehensive and timely data base on all criminal justice aspects of the drug crisis and to disseminate
such information;
(17) provide for the collection, analysis, dissemination and publication of statistics on the condition and progress of
drug control activities at the Federal, State, tribal, and local levels with particular attention to programs and
intervention efforts demonstrated to be of value in the overall national anti-drug strategy and to provide for the
establishment of a national clearinghouse for the gathering of data generated by Federal, State, tribal, and local
criminal justice agencies on their drug enforcement activities;
(18) provide for the development and enhancement of State, tribal, and local criminal justice information systems,
and the standardization of data reporting relating to the collection, analysis or dissemination of data and statistics
about drug offenses, drug related offenses, or drug dependent offenders;
(19) provide for improvements in the accuracy, quality, timeliness, immediate accessibility, and integration of State
and tribal criminal history and related records, support the development and enhancement of national systems of
criminal history and related records including the National Instant Criminal Background Check System, the National
Incident-Based Reporting System, and the records of the National Crime Information Center, facilitate State and
tribal participation in national records and information systems, and support statistical research for critical analysis of
the improvement and utilization of criminal history records;
(20) maintain liaison with State, tribal, and local governments and governments of other nations concerning justice
statistics;
(21) cooperate in and participate with national and international organizations in the development of uniform
justice statistics;
(22) ensure conformance with security and privacy requirement of section 10231 of this title and identify, analyze,
and participate in the development and implementation of privacy, security and information policies which impact on
Federal, tribal, and State criminal justice operations and related statistical activities; and
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(23) exercise the powers and functions set out in subchapter VII.
(d) Justice statistical collection, analysis, and dissemination
(1) In general
To ensure that all justice statistical collection, analysis, and dissemination is carried out in a coordinated manner,
the Director is authorized to—
(A) utilize, with their consent, the services, equipment, records, personnel, information, and facilities of other
Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor, and to
enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis;
(B) confer and cooperate with State, municipal, and other local agencies;
(C) request such information, data, and reports from any Federal agency as may be required to carry out the
purposes of this chapter;
(D) seek the cooperation of the judicial branch of the Federal Government in gathering data from criminal justice
records;
(E) encourage replication, coordination and sharing among justice agencies regarding information systems,
information policy, and data; and
(F) confer and cooperate with Federal statistical agencies as needed to carry out the purposes of this
subchapter, including by entering into cooperative data sharing agreements in conformity with all laws and
regulations applicable to the disclosure and use of data.
(2) Consultation with Indian tribes
The Director, acting jointly with the Assistant Secretary for Indian Affairs (acting through the Office of Justice
Services) and the Director of the Federal Bureau of Investigation, shall work with Indian tribes and tribal law
enforcement agencies to establish and implement such tribal data collection systems as the Director determines to
be necessary to achieve the purposes of this section.
(e) Furnishing of information, data, or reports by Federal agencies
Federal agencies requested to furnish information, data, or reports pursuant to subsection (d)(1)(C) shall provide
such information to the Bureau as is required to carry out the purposes of this section.
(f) Consultation with representatives of State, tribal, and local government and judiciary
In recommending standards for gathering justice statistics under this section, the Director shall consult with
representatives of State, tribal, and local government, including, where appropriate, representatives of the judiciary.
(g) Reports
Not later than 1 year after July 29, 2010, and annually thereafter, the Director shall submit to Congress a report
describing the data collected and analyzed under this section relating to crimes in Indian country.
(Pub. L. 90–351, title I, §302, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98–473,
title II, §605(b), Oct. 12, 1984, 98 Stat. 2079; Pub. L. 100–690, title VI, §6092(a), Nov. 18, 1988, 102 Stat. 4339; Pub.
L. 103–322, title XXXIII, §330001(h)(2), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 109–162, title XI, §1115(a), Jan. 5,
2006, 119 Stat. 3103; Pub. L. 111–211, title II, §251(b), July 29, 2010, 124 Stat. 2297; Pub. L. 112–166, §2(h)(1), Aug.
10, 2012, 126 Stat. 1285.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (b) and (c)(11), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as
the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the
Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables.
CODIFICATION
Section was formerly classified to section 3732 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.
PRIOR PROVISIONS
A prior section 302 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 200; Pub. L. 93–83, §2, Aug. 6, 1973,
87 Stat. 201; Pub. L. 94–503, title I, §110, Oct. 15, 1976, 90 Stat. 2412, related to establishment of State
planning agencies to develop comprehensive State plans for grants for law enforcement and criminal
justice purposes, prior to the general amendment of this chapter by Pub. L. 96–157.
AMENDMENTS
2012—Subsec. (b). Pub. L. 112–166 struck out ", by and with the advice and consent of the Senate"
before period at end of first sentence.
2010—Subsec. (c)(3) to (6). Pub. L. 111–211, §251(b)(1)(A), inserted "tribal," after "State," wherever
appearing.
Subsec. (c)(7). Pub. L. 111–211, §251(b)(1)(B), inserted
"and in Indian country" after "States".
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Subsec. (c)(9). Pub. L. 111–211, §251(b)(1)(C), substituted "Federal Government and State and tribal
governments" for "Federal and State Governments".
Subsec. (c)(10), (11). Pub. L. 111–211, §251(b)(1)(D), inserted ", tribal," after "State".
Subsec. (c)(13). Pub. L. 111–211, §251(b)(1)(E), inserted ", Indian tribes," after "States".
Subsec. (c)(17). Pub. L. 111–211, §251(b)(1)(F), substituted "activities at the Federal, State, tribal, and
local" for "activities at the Federal, State and local" and "generated by Federal, State, tribal, and local" for
"generated by Federal, State, and local".
Subsec. (c)(18). Pub. L. 111–211, §251(b)(1)(G), substituted "State, tribal, and local" for "State and
local".
Subsec. (c)(19). Pub. L. 111–211, §251(b)(1)(H), inserted "and tribal" after "State" in two places.
Subsec. (c)(20). Pub. L. 111–211, §251(b)(1)(I), inserted ", tribal," after "State".
Subsec. (c)(22). Pub. L. 111–211, §251(b)(1)(J), inserted ", tribal," after "Federal".
Subsec. (d). Pub. L. 111–211, §251(b)(2), designated existing provisions as par. (1), inserted par. (1)
heading, substituted "To ensure" for "To insure", redesignated former pars. (1) to (6) as subpars. (A) to
(F), respectively, of par. (1), realigned margins, and added par. (2).
Subsec. (e). Pub. L. 111–211, §251(b)(3), substituted "subsection (d)(1)(C)" for "subsection (d)(3)".
Subsec. (f). Pub. L. 111–211, §251(b)(4)(B), inserted ", tribal," after "State".
Pub. L. 111–211, §251(b)(4)(A), which directed insertion of ", tribal," after "State" in heading, was
executed editorially but could not be executed in original because heading had been editorially supplied.
Subsec. (g). Pub. L. 111–211, §251(b)(5), added subsec. (g).
2006—Subsec. (b). Pub. L. 109–162, §1115(a)(1), inserted after third sentence "The Director shall be
responsible for the integrity of data and statistics and shall protect against improper or illegal use or
disclosure."
Subsec. (c)(19). Pub. L. 109–162, §1115(a)(2), amended par. (19) generally. Prior to amendment, par.
(19) read as follows: "provide for research and improvements in the accuracy, completeness, and
inclusiveness of criminal history record information, information systems, arrest warrant, and stolen
vehicle record information and information systems and support research concerning the accuracy,
completeness, and inclusiveness of other criminal justice record information;".
Subsec. (d)(6). Pub. L. 109–162, §1115(a)(3), added par. (6).
1994—Subsec. (c)(19). Pub. L. 103–322 substituted a semicolon for period at end.
1988—Subsec. (c)(16) to (23). Pub. L. 100–690 added pars. (16) to (19) and redesignated former pars.
(16) to (19) as (20) to (23), respectively.
1984—Subsec. (b). Pub. L. 98–473, §605(b)(1), inserted provision requiring Director to report to Attorney
General through Assistant Attorney General.
Subsec. (c)(13). Pub. L. 98–473, §605(b)(2)(A), (C), added par. (13) and struck out former par. (13)
relating to provision of financial and technical assistance to States and units of local government relating
to collection, analysis, or dissemination of justice statistics.
Subsec. (c)(14), (15). Pub. L. 98–473, §605(b)(2)(C), added pars. (14) and (15). Former pars. (14) and
(15) redesignated (16) and (17), respectively.
Subsec. (c)(16). Pub. L. 98–473, §605(b)(2)(A), (B), redesignated par. (14) as (16) and struck out former
par. (16) relating to insuring conformance with security and privacy regulations issued under section 10231
of this title.
Subsec. (c)(17). Pub. L. 98–473, §605(b)(2)(B), redesignated par. (15) as (17). Former par. (17)
redesignated (19).
Subsec. (c)(18). Pub. L. 98–473, §605(b)(2)(D), added par. (18).
Subsec. (c)(19). Pub. L. 98–473, §605(b)(2)(B), redesignated former par. (17) as (19).
Subsec. (d)(1). Pub. L. 98–473, §605(b)(3)(A), inserted ", and to enter into agreements with such
agencies and instrumentalities for purposes of data collection and analysis".
Subsec. (d)(5). Pub. L. 98–473, §605(b)(3)(B)–(D), added par. (5).
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments
made on and after that effective date, including any nomination pending in the Senate on that date, see
section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out
as an Effective Date note under section 10101 of this title.
CONSTRUCTION OF 2010 AMENDMENT
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Pub. L. 111–211, title II, §251(c), July 29, 2010, 124 Stat. 2298, provided that: "Nothing in this section
[amending this section and section 41507 of this title] or any amendment made by this section—
"(1) allows the grant to be made to, or used by, an entity for law enforcement activities that the
entity lacks jurisdiction to perform; or
"(2) has any effect other than to authorize, award, or deny a grant of funds to a federally
recognized Indian tribe for the purposes described in the relevant grant program."
[For definition of "Indian tribe" as used in section 251(c) of Pub. L. 111–211, set out above, see section
203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians.]
DATA COLLECTION
Pub. L. 115–391, title VI, §610, Dec. 21, 2018, 132 Stat. 5245, provided that:
"(a) NATIONAL PRISONER STATISTICS PROGRAM.—Beginning not later than 1 year after the date of enactment of
this Act [Dec. 21, 2018], and annually thereafter, pursuant to the authority under section 302 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732) [now 34 U.S.C. 10132], the Director
of the Bureau of Justice Statistics, with information that shall be provided by the Director of the Bureau of
Prisons, shall include in the National Prisoner Statistics Program the following:
"(1) The number of prisoners (as such term is defined in section 3635 of title 18, United States Code, as
added by section 101(a) of this Act) who are veterans of the Armed Forces of the United States.
"(2) The number of prisoners who have been placed in solitary confinement at any time during the
previous year.
"(3) The number of female prisoners known by the Bureau of Prisons to be pregnant, as well as
the outcomes of such pregnancies, including information on pregnancies that result in live birth,
stillbirth, miscarriage, abortion, ectopic pregnancy, maternal death, neonatal death, and preterm birth.
"(4) The number of prisoners who volunteered to participate in a substance abuse treatment
program, and the number of prisoners who have participated in such a program.
"(5) The number of prisoners provided medication-assisted treatment with medication approved by
the Food and Drug Administration while in custody in order to treat substance use disorder.
"(6) The number of prisoners who were receiving medication-assisted treatment with medication
approved by the Food and Drug Administration prior to the commencement of their term of
imprisonment.
"(7) The number of prisoners who are the parent or guardian of a minor child.
"(8) The number of prisoners who are single, married, or otherwise in a committed relationship.
"(9) The number of prisoners who have not achieved a GED, high school diploma, or equivalent
prior to entering prison.
"(10) The number of prisoners who, during the previous year, received their GED or other
equivalent certificate while incarcerated.
"(11) The numbers of prisoners for whom English is a second language.
"(12) The number of incidents, during the previous year, in which restraints were used on a female
prisoner during pregnancy, labor, or postpartum recovery, as well as information relating to the type of
restraints used, and the circumstances under which each incident occurred.
"(13) The vacancy rate for medical and healthcare staff positions, and average length of such a
vacancy.
"(14) The number of facilities that operated, at any time during the previous year, without at least 1
clinical nurse, certified paramedic, or licensed physician on site.
"(15) The number of facilities that during the previous year were accredited by the American
Correctional Association.
"(16) The number and type of recidivism reduction partnerships described in section 3621(h)(5) of
title 18, United States Code, as added by section 102(a) of this Act, entered into by each facility.
"(17) The number of facilities with remote learning capabilities.
"(18) The number of facilities that offer prisoners video conferencing.
"(19) Any changes in costs related to legal phone calls and visits following implementation of
section 3632(d)(1) of title 18, United States Code, as added by section 101(a) of this Act.
"(20) The number of aliens in prison during the previous year.
"(21) For each Bureau of Prisons facility, the total number of violations that resulted in reductions
in rewards, incentives, or time credits, the number of such violations for each category of violation, and
the demographic breakdown of the prisoners who have received such reductions.
"(22) The number of assaults on Bureau of Prisons staff by prisoners and the number of criminal
prosecutions of prisoners for assaulting Bureau of Prisons staff.
"(23) The capacity of each recidivism reduction program and productive activity to accommodate
eligible inmates at each Bureau of Prisons facility.
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"(24) The number of volunteers who were certified to volunteer in a Bureau of Prisons facility,
broken down by level (level I and level II), and by each Bureau of Prisons facility.
"(25) The number of prisoners enrolled in recidivism reduction programs and productive activities
at each Bureau of Prisons facility, broken down by risk level and by program, and the number of those
enrolled prisoners who successfully completed each program.
"(26) The breakdown of prisoners classified at each risk level by demographic characteristics,
including age, sex, race, and the length of the sentence imposed.
"(b) REPORT TO JUDICIARY COMMITTEES.—Beginning not later than 1 year after the date of enactment of this Act
[Dec. 21, 2018], and annually thereafter for a period of 7 years, the Director of the Bureau of Justice
Statistics shall submit a report containing the information described in paragraphs (1) through (26) of
subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives."
INCLUSION OF HONOR VIOLENCE IN NATIONAL CRIME VICTIMIZATION SURVEY
Pub. L. 113–235, div. B, title II, Dec. 16, 2014, 128 Stat. 2191, provided in part: "That beginning not later
than 2 years after the date of enactment of this Act [div. B of Pub. L. 113–235, Dec. 16, 2014], as part of
each National Crime Victimization Survey, the Attorney General shall include statistics relating to honor
violence".
STUDY OF CRIMES AGAINST SENIORS
Pub. L. 106–534, §5, Nov. 22, 2000, 114 Stat. 2557, provided that:
"(a) IN GENERAL.—The Attorney General shall conduct a study relating to crimes against seniors, in order
to assist in developing new strategies to prevent and otherwise reduce the incidence of those crimes.
"(b) ISSUES ADDRESSED.—The study conducted under this section shall include an analysis of—
"(1) the nature and type of crimes perpetrated against seniors, with special focus on—
"(A) the most common types of crimes that affect seniors;
"(B) the nature and extent of telemarketing, sweepstakes, and repair fraud against seniors;
and
"(C) the nature and extent of financial and material fraud targeted at seniors;
"(2) the risk factors associated with seniors who have been victimized;
"(3) the manner in which the Federal and State criminal justice systems respond to crimes against
seniors;
"(4) the feasibility of States establishing and maintaining a centralized computer database on the
incidence of crimes against seniors that will promote the uniform identification and reporting of such
crimes;
"(5) the effectiveness of damage awards in court actions and other means by which seniors
receive reimbursement and other damages after fraud has been established; and
"(6) other effective ways to prevent or reduce the occurrence of crimes against seniors."
INCLUSION OF SENIORS IN NATIONAL CRIME VICTIMIZATION SURVEY
Pub. L. 106–534, §6, Nov. 22, 2000, 114 Stat. 2557, provided that: "Beginning not later than 2 years after
the date of enactment of this Act [Nov. 22, 2000], as part of each National Crime Victimization Survey, the
Attorney General shall include statistics relating to—
"(1) crimes targeting or disproportionately affecting seniors;
"(2) crime risk factors for seniors, including the times and locations at which crimes victimizing
seniors are most likely to occur; and
"(3) specific characteristics of the victims of crimes who are seniors, including age, gender, race or
ethnicity, and socioeconomic status."
CRIME VICTIMS WITH DISABILITIES AWARENESS
Pub. L. 105–301, Oct. 27, 1998, 112 Stat. 2838, as amended by Pub. L. 106–402, title IV, §401(b)(10), Oct.
30, 2000, 114 Stat. 1739, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Crime Victims With Disabilities Awareness Act'.
"SEC. 2. FINDINGS; PURPOSES.
"(a) FINDINGS.—Congress finds that—
"(1) although research conducted abroad demonstrates that individuals with developmental
disabilities are at a 4 to 10 times higher risk of becoming crime victims than those without disabilities,
there have been no significant studies on this subject conducted in the United States;
8
"(2) in fact, the National Crime Victim's Survey, conducted annually by the Bureau of Justice
Statistics of the Department of Justice, does not specifically collect data relating to crimes against
individuals with developmental disabilities;
"(3) studies in Canada, Australia, and Great Britain consistently show that victims with
developmental disabilities suffer repeated victimization because so few of the crimes against them are
reported, and even when they are, there is sometimes a reluctance by police, prosecutors, and judges
to rely on the testimony of a disabled individual, making individuals with developmental disabilities a
target for criminal predators;
"(4) research in the United States needs to be done to—
"(A) understand the nature and extent of crimes against individuals with developmental
disabilities;
"(B) describe the manner in which the justice system responds to crimes against individuals
with developmental disabilities; and
"(C) identify programs, policies, or laws that hold promises for making the justice system more
responsive to crimes against individuals with developmental disabilities; and
"(5) the National Academy of Science Committee on Law and Justice of the National Research
Council is a premier research institution with unique experience in developing seminal, multidisciplinary
studies to establish a strong research base from which to make public policy.
"(b) PURPOSES.—The purposes of this Act are—
"(1) to increase public awareness of the plight of victims of crime who are individuals with
developmental disabilities;
"(2) to collect data to measure the extent of the problem of crimes against individuals with
developmental disabilities; and
"(3) to develop a basis to find new strategies to address the safety and justice needs of victims of
crime who are individuals with developmental disabilities.
"SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.
"In this Act, the term 'developmental disability' has the meaning given the term in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15002].
"SEC. 4. STUDY.
"(a) IN GENERAL.—The Attorney General shall conduct a study to increase knowledge and information
about crimes against individuals with developmental disabilities that will be useful in developing new
strategies to reduce the incidence of crimes against those individuals.
"(b) ISSUES ADDRESSED.—The study conducted under this section shall address such issues as—
"(1) the nature and extent of crimes against individuals with developmental disabilities;
"(2) the risk factors associated with victimization of individuals with developmental disabilities;
"(3) the manner in which the justice system responds to crimes against individuals with
developmental disabilities; and
"(4) the means by which States may establish and maintain a centralized computer database on
the incidence of crimes against individuals with disabilities within a State.
"(c) NATIONAL ACADEMY OF SCIENCES.—In carrying out this section, the Attorney General shall consider
contracting with the Committee on Law and Justice of the National Research Council of the National
Academy of Sciences to provide research for the study conducted under this section.
"(d) REPORT.—Not later than 18 months after the date of enactment of this Act [Oct. 27, 1998], the
Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of
Representatives a report describing the results of the study conducted under this section.
"SEC. 5. NATIONAL CRIME VICTIM'S SURVEY.
"Not later than 2 years after the date of enactment of this Act, as part of each National Crime Victim's
Survey, the Attorney General shall include statistics relating to—
"(1) the nature of crimes against individuals with developmental disabilities; and
"(2) the specific characteristics of the victims of those crimes."
§10133. Authority for 100 per centum grants
A grant authorized under this subchapter may be up to 100 per centum of the total cost of each project for which
such grant is made. The Bureau shall require, whenever feasible as a condition of approval of a grant under this
subchapter, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is
sought.
(Pub. L. 90–351, title I, §303, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1178.)
9
CODIFICATION
Section was formerly classified to section 3733 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.
PRIOR PROVISIONS
A prior section 303 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 201; Pub. L. 91–644, title I, §4(5), (6),
Jan. 2, 1971, 84 Stat. 1883; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 201; Pub. L. 93–415, title V, §543, Sept.
7, 1974, 88 Stat. 1142; Pub. L. 94–503, title I, §111, Oct. 15, 1976, 90 Stat. 2413; Pub. L. 96–181, §15(b), Jan.
2, 1980, 93 Stat. 1316, set out requirements of State plans in order to qualify for grants for law
enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96–
157.
§10134. Use of data
Data collected by the Bureau shall be used only for statistical or research purposes, and shall be gathered in a
manner that precludes their use for law enforcement or any purpose relating to a private person or public agency other
than statistical or research purposes.
(Pub. L. 90–351, title I, §304, formerly §305, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1179; renumbered
§304, Pub. L. 98–473, title II, §605(d), Oct. 12, 1984, 98 Stat. 2080; amended Pub. L. 109–162, title XI, §1115(b), Jan.
5, 2006, 119 Stat. 3104.)
CODIFICATION
Section was formerly classified to section 3735 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.
PRIOR PROVISIONS
A prior section 304 of Pub. L. 90–351, as added by Pub. L. 96–157, was classified to section 3734 of Title 42,
The Public Health and Welfare, prior to repeal by Pub. L. 98–473, title II, §605(c), Oct. 12, 1984, 98 Stat.
2080.
AMENDMENTS
2006—Pub. L. 109–162 substituted "private person or public agency" for "particular individual".
10
Appendix 2:
National Prisoner Statistics Program, NPS-8/8A
Sample Data collection request letter
11
January 1, 2019
«NAME», «TITLE»
«FACILITY»
«ADDRESS1»
«ADDRESS2»
«CITY», «STATE» «ZIP»
Dear «SALUTATION»:
Once again it is time to collect information about persons under sentence of death in your jurisdiction. Enclosed you will find
NPS-8 and NPS-8A materials for calendar year 2018. The U.S. Census Bureau collects these data for the Bureau of Justice
Statistics (BJS) under the authority of Title 34 U.S.C. § 10231. All information will be managed in accordance with the BJS
Data Protection Guidelines (available at http://www.bjs.gov/content/pub/pdf/BJS_Data_Protection_Guidelines.pdf), which
summarize the many federal statutes, regulations, and other authorities that govern BJS data and data collected and maintained
under BJS’s authority. The information that you provide makes it possible for us to produce an annual report on capital
punishment, which is among the most requested BJS publications.
While your participation is voluntary, your assistance is extremely important. Because of your careful work and that of other
data providers, our annual report is viewed as a reliable and accurate source of information on the death penalty in the United
States. Results from the 2017 data collection will be released in 2019. You can access previous capital punishment reports on
the BJS website at http://www.bjs.gov/index.cfm?ty=pbse&sid=1.
During the contact information verification conversation with Jessica Klein, our collection agents at the Census Bureau, you
expressed interest in submitting your data using the online web application. You can access materials for web submission at
https://respond.census.gov/nps8. Please retain this information as web login and password information have been sent in a
separate letter. We ask that you submit data by February 12, 2019. If you have questions or need assistance, you may contact
Jessica Klein by email at [email protected] or by phone at (800) 253-2078.
We estimate that your reporting burden will average 30 minutes per response, including the time needed to review instructions,
search existing data sources, gather and maintain the data needed, and complete and review the collection of information. The
approval of this data collection expires 12/31/2019. Send comments regarding this burden or any other aspect of this collection
of information, including suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, Washington, DC
20531 and to the Office of Management and Budget, OMB No. 1121-0030, Washington, DC 20503.
Thank you for your time and efforts in this data collection and for your support of BJS’s statistical programs. If you need
assistance with any matters related to the NPS-8 collection, feel free to contact the NPS-8 program manager, Tracy Snell, at
[email protected] or (202) 616-3288.
Sincerely,
E. Ann Carson, Acting Chief
Corrections Statistics Program
Tracy L. Snell, Statistician
NPS-8 Program Manager
12
Appendix 3:
National Prisoner Statistics Program, NPS-8
Sample data collection form
13
OMB No. 1121-0030: Approval Expires XX/XX/XXXX
FORM NPS-8
(10-11-2018)
U.S. DEPARTMENT OF JUSTICE
CENSUS USE ONLY
BUREAU OF JUSTICE STATISTICS
and ACTING AS COLLECTING AGENT
U.S. DEPARTMENT OF COMMERCE
a. Report year
Economics and Statistics Administration
b.
U.S. CENSUS BUREAU
REPORT OF INMATE UNDER SENTENCE OF DEATH
Card____of____Cards
NATIONAL PRISONER STATISTICS
U.S. Census Bureau
ATTN: Economic Reimbursable Surveys Division
4600 Silver Hill Rd, 6H142B, Washington, DC 20233
RETURN
TO
1. State
11. Date of arrest for
Inmate’s Dept. of Corrections ID.
First
Month
capital offense
2. Inmate name
Last
Important – Please read instructions on reverse
before completing this form.
–
12. Date of conviction for
Middle
Initial
Month
capital offense
Male
1
2
Hispanic
or Latino
Non-Hispanic
or Non-Latino
2
White
Black or African
American
American Indian
or Alaska Native
Asian
2
3
4
5.
Date of birth
14b. Was this inmate on escape or at a mental hospital
on December 31, 2018?
Native Hawaiian or other Pacific
Islander
Additional racial category in your
information system – Specify
5
6
Month
Yes, on escape – Enter month
and year of escape . . . . .
2
Yes, at a mental hospital –
Enter month and year of
transfer to mental hospital
1
3
Married – Include common law marriage
Divorced or separated
Widowed
Never married
Not known
4
5
8.
7th grade or less
8th grade
9th grade
10th grade
11th grade
12th grade –
(Include GED)
2
3
4
5
6
9.
4
5
6
Highest year of education completed at time of
first imprisonment for capital offense
1
7
8
9
10
11
12
1st year of college
2nd year of college
3rd year of college
4th year of college
More than 4 years of college
Not Known
7
8
4
1
2
3
4
No charges pending
Charges pending
5
6
5
6
7
On probation
On parole
On escape
Imprisoned
Other – Specify legal status
7
8
Yes
⎫
No
⎬
Unknown ⎭
2
3
Skip to item 11
Yes, prior conviction for
Murder
2
Involuntary manslaughter
8
Manslaughter
9
Voluntary manslaughter
3
Vehicular manslaughter
–
–
–
–
Information not available at this office
Under new sentence of
Awaiting retrial to determine guilt
Awaiting resentencing only (guilt affirmed)
Found not guilty in retrial
All charges on capital offense dropped
Other – Specify
No action has been taken since removal from
sentence of death
Information not available at this office
the inmate was executed.
Lethal injection
2
Electrocution
3
Lethal gas
4
Hanging
5
Firing squad
6
Other – Specify
10b. Were any of these convictions for criminal homicide?
1
–
Other – Specify
1
10a. Prior felony conviction(s) – Mark (X) appropriate box.
1
Sentence commuted . . . . .
Conviction affirmed,
sentence overturned by
appellate or higher court . .
Conviction and sentence
over turned by appellate or
higher court . . . . . . . . .
–
15. Method of execution – Mark (X) one box showing how
UNKNOWN
8
Executed – Enter date and skip
to item 15 . . . . . . . . . .
Deceased by other causes –
Enter date and skip to
item 16 . . . . . . . . . . . .
Capital sentence declared
unconstitutional by State or
U.S. Supreme Court . . . . .
Year
death – Mark (X) the one box showing the inmate’s status as
of the day you fill out this report, i.e., TODAY.
UNDER SENTENCE
3
No
14d. Current status of inmate removed from sentence of
NOT UNDER SENTENCE
2
–
.
–
Legal status at time of capital offense
Mark (X) appropriate box.
1
Year
Month
Marital status at time of first imprisonment for
capital offense
3
Month
death – Mark (X) appropriate box.
CENSUS USE ONLY
2
–
14c. Reason for inmate’s removal from under sentence of
Capital offense(s) for which imprisoned
Number of death sentences imposed
1
Murder 3
Kidnap
Rape
Other – Specify
2
4
1
Year
NO FURTHER INFORMATION REQUIRED FOR THIS INMATE
2
7.
Month
1
3
Year
–
6.
–
Mark (X) appropriate box.
1
Under sentence of death – Continue with item 14b
2
Sentence of death removed – Skip to items 14c and 14d
Not known
3
4b. Race – Mark one or more.
1
Year
14a. Inmate status on December 31, 2018.
4a. Ethnicity – Mark (X) appropriate box.
1
Month
capital offense
Female
Year
–
13. Date of sentence for
3. Sex – Mark (X) appropriate box.
Year
4
5
6
7
Attempted murder
Other – Specify
16. Cause of death other than execution
Mark (X) the appropriate box.
Natural causes
2
Suicide
3
Murdered by another inmate
4
Other – Specify
1
No
Unknown
14
INSTRUCTIONS
Please complete one card for each person who: (1) entered your State’s
correctional system under sentence of death at any time during the report
year, or (2) had received a sentence of death in a previous year but was not
previously reported. Attempt to answer all items.
Item b. Card of Cards. Complete this item to
insure proper accounting of all persons under
sentence of death in your correctional system who
have not been previously reported.
Item 9. Legal status at time of capital
offense. If the person was known to be free in all
states with no criminal charges pending at the time of
the offense(s) in Item 6, mark "Not under sentence
no charges pending.
Item 4a. Ethnicity. Hispanic or Latino persons are
those of Cuban, Mexican, Puerto Rican, South or
Central American, or other Spanish culture or origin,
regardless of race.
Item 10a. Prior felony conviction(s). If the
person was known to have been convicted of any
felony before being convicted of the offense(s) in
Item 6, mark "Yes" and answer Item 10b.
Item 4b. Race
Item 10b. Prior conviction for criminal
homicide. If any prior felony conviction referenced in
Item 10a was for criminal homicide, mark "Yes" and
mark the type(s) of criminal homicide. If convicted of a
type not listed, mark "other" and specify the type.
(1) White. A person having origins in any of the
original peoples of Europe, the Middle East, or North
Africa.
(2) Black or African American. A person having
origins in any of the black racial groups of Africa.
Item 12. Date of conviction for capital
offense. Generally a person receives only one
conviction for a single or multiple capital offenses. In
this case, enter the month and year the inmate was
found guilty of the capital offense(s) in Item 6. If a
person was convicted of more than one capital offense
and received more than one death sentence, not all on
the same date, record the earliest date that the
person was found guilty. If a person’s previous
conviction for the offense(s) shown in Item 6 was
overturned, but the person was subsequently retried
and found guilty, enter the most recent month and
year of conviction. Do not enter the date an appeal
was rejected or the person was admitted to prison.
(3) American Indian or Alaska Native. A
person having origins in any of the original peoples of
North America and South America (including Central
America), and who maintains tribal affiliation or
community attachment.
(4) Asian. A person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian Subcontinent including, for example,
Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam.
(5) Native Hawaiian or Pacific Islander. A
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
Item 13. Date of sentence for capital
offense. Enter the date the person was formally
sentenced to death by the court. The date must be the
same as or later than the conviction date in Item 12.
(6) Additional categories in your system.
Any designation not covered by the above categories.
Please specify in the space provided.
Item 14a. Inmate status on December 31, ____ .
Indicate whether or not the inmate was under sentence
of death at the end of the report year.
Item 5. Date of Birth. Enter two digits for month
(e.g., January=01) and four digits for year.
Item 14b. Indicate if the inmate was on escape or at
a mental hospital. Enter the month and year of escape
or transfer to mental hospital.
Item 6. Capital offense for which
imprisoned. Mark only those offenses for which a
capital sentence was levied in this jurisdiction. Enter
the number of death sentences the inmate received
in the space provided.
Item 14c. Reason for removal from sentence
of death. Complete this item only if the sentence of
death was removed during the report year or earlier.
Mark the box which most accurately describes the
means by which the death sentence was removed.
Item 7. Marital status at time of first
imprisonment for capital offense. "Time of first
imprisonment" refers to the inmate’s original time of
arrival at prison after his first sentencing to death.
Separated does not include separation because of
imprisonment.
14d. Current status of Inmate removed from
sentence of death. Mark the one box which best
describes the inmate’s legal status as of THE DATE
THIS REPORT IS COMPLETED. If "Under new
sentence", enter length of new sentence.
Item 8. Highest year of education
completed at time of first imprisonment for
capital offense. Time frame as in Item 7 above.
Include high school equivalency (GED) as "12th
grade."
15
FORM NPS-8 (10-11-2018)
Appendix 4:
National Prisoner Statistics Program, NPS-8A
Sample data collection form
16
FORM
NPS-8A
OMB No. 1121-0030: Approval Expires XX/XX/XXXX
(10-11-2018)
U.S. DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS
UPDATE REPORT OF INMATES
UNDER SENTENCE OF DEATH
NATIONAL PRISONER STATISTICS
and ACTING AS COLLECTING AGENT
U.S. DEPARTMENT OF COMMERCE
Economics and Statistics Administration
U.S. CENSUS BUREAU
Part A – IDENTIFICATION OF INMATE
Year reported
Census assigned I.D. number
1.
2.
3.
4a.
4b.
5.
6.
7.
8.
9.
10a.
10b.
11.
12.
13.
State
Name
Sex
Ethnicity
Race
Birth date
Capital offense
Marital status at time of first imprisonment for capital offense
Highest year of education completed at time of first imprisonment for capital offense
Legal status at time of capital offense
Prior felony convictions
Were any of these convictions for criminal homicide?
Date of arrest for capital offense
Date of conviction for capital offense
Date of sentence for capital offense
Part B – STATUS OF INMATE
14d. As of TODAY, what is the status of this inmate?
14a. Was this inmate still under sentence of death on
December 31, 2018?
1
Under new sentence of
1
Yes – Continue with item 14b
2
Awaiting retrial to determine guilt
2
No, sentence of death removed – SKIP to items 14c and 14d
3
Awaiting resentencing only (guilt affirmed)
14b. Was this inmate on escape or at a mental hospital
4
Found not guilty in retrial
on December 31, 2018?
Month
Year
5
All charges on capital offense dropped
1
Yes, on escape – Enter
month and year of escape
6
Other – Specify
Month
Year
2
Yes, at a mental hospital –
7
No action has been taken since removal from sentence of
Enter month and year of
death
transfer to mental hospital
8
Information not available at this office
3
No
15. Method of execution – Mark (X) one box showing how the
NO FURTHER INFORMATION IS REQUIRED FOR THIS INMATE
inmate was executed.
14c.
1
Lethal injection
(1) In what month and year
Month
Year
2
Electrocution
was this inmate removed
from under sentence of
3
Lethal gas
death?
4
Hanging
(2) What was the reason this inmate was removed
5
Firing squad
from under sentence of death?
6
Other – Specify
1
Executed – SKIP to item 15
16. Cause of death other than execution – Mark (X) the
2
Deceased by other causes – SKIP to item 16
appropriate box.
Capital sentence declared unconstitutional by State or
3
1
Natural causes
U.S. Supreme Court
2
Suicide
Sentence commuted
4
3
Murdered by another inmate
5
Conviction affirmed, sentence overturned by appellate
6
or higher court
Conviction and sentence overturned by appellate or
higher court
7
Other – Specify
8
Information not available at this office
4
Other – Specify
Comments
17
Appendix 5:
National Prisoner Statistics Program, NPS-8/8A
Sample Login information letter
18
January 1, 2019
Name, Title
Street1
Street2
City, State, Zip
Dear Mr./Mrs Last Name,
Thank you for your continued participation in the National Prisoner Statistics (NPS-8) data collection. As
mentioned in the introductory letter sent under separate cover, if you choose to submit your data online
you may do so using the username and password information below. Username and password are case
sensitive. The web address for online submission can be found in the survey introduction letter. Please
retain both letters in order to efficiently access the online web application when you are ready to submit
your data.
USERNAME: XX001
PASSWORD: XXXXXXXXX
We ask that you please submit your data by February 12, 2019. If you need any assistance, please
contact Jessica Klein, our data collection agent at the U.S. Census Bureau, by phone at (800) 253-2078 or
by email at [email protected].
Sincerely,
E. Ann Carson, Acting Chief
Corrections Statistics Program
Tracy L. Snell, Statistician
NPS-8 Program Manager
19
Appendix 6:
National Prisoner Statistics Program, NPS-8/8A
Sample Data collection flyer
20
2018 National Prisoner Statistics (NPS-8)
Effective December 31, 2018
Completed forms can be submitted via:
• Web submission at: https://respond.census.gov/nps8
• User ID and password can be found in your login letter
• For more information, contact:
Jessica Klein, U.S. Census Bureau
1-800-253-2078
[email protected]
21
Appendix 7:
National Prisoner Statistics Program, NPS-8B
Sample data collection form
22
NPS-8B
OMB No. 1121-0030: Approval Expires XX/XX/XXXX
ERD Criminal Justice
Branch
RETURN NPS-8
U.S. CENSUS BUREAU
TO
4600 Silver Hill Rd 6H142B
Washington, DC 20233-6800
U.S. DEPARTMENT OF JUSTICE
NPS-8B
FORM
(10-11-2018)
STATUS OF
BUREAU OF JUSTICE STATISTICS
and ACTING AS COLLECTING AGENT
DEATH PENALTY STATUTES
OF COMMERCE
NO STATUTE IN FORCE, 2017 U.S. DEPARTMENT
Economics and Statistics Administration
National Prisoner Statistics
U.S. CENSUS BUREAU
2018
(Please correct any error in name, mailing address, and ZIP Code)
DATA SUPPLIED BY
Name
Title
Area code Number
Extension
FAX
NUMBER
TELEPHONE
Area code Number
Date completed
E-MAIL
ADDRESS
GENERAL INFORMATION
• If you need assistance in completing the questionnaire, please call Jessica Klein,
U.S. Census Bureau, toll-free at 1 800 253 2078.
● Please mail your completed questionnaire to the U.S. Census Bureau in the enclosed
envelope before February 12, 2019, or FAX both sides to 1–888–891–2099.
Who receives this form?
This form is sent to jurisdictions that had no capital statute in effect on December 31, 2017.
What information is collected?
Items on the reverse side of this form relate to death penalty statutes in your jurisdiction during
the period January 1, 2018, through December 31, 2018.
Burden statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information
unless it displays a currently valid OMB control number. Public reporting burden for this collection
of information is estimated to average 15 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden
estimate or any other aspects of this collection of information, including suggestions for reducing
this burden, to the Director, Bureau of Justice Statistics, Washington, DC 20531; and to the Office
of Management and Budget, OMB No. 1121-0030, Washington, DC 20503.
23
1. National Prisoner Statistics (NPS) records
show that at the end of 2017 your State had
NO CAPITAL PUNISHMENT STATUTE. At any
time in 2018 was such a law established?
01
02
4. As of December 31, 2018, does your State
CONSTITUTION specifically prohibit capital
penalties?
01
02
No Go to Question 4
Yes
No
Yes
Date
Effective date
Citation
Citation
5. As of December 31, 2018, your State –
Please provide a copy of the law.
01
2. During 2018, was that law explicitly struck
by the U.S. or State Supreme Court?
01
02
No Go to Question 5
Yes
Had no capital punishment statute STOP HERE
and return form.
Had a capital punishment statute
6. For what offenses can the death penalty be
imposed in your State?
Wholly struck
By U.S. Supreme Court
03
By State Supreme Court
02
Partially struck
By U.S. Supreme Court
04
By State Supreme Court
05
7. Does your State provide for automatic
appeal upon imposition of the death penalty,
irrespective of the defendant’s wishes?
Effective date
01
Citation
02
No
Yes
8. What methods of execution are authorized in
your capital punishment statute?
Please provide a copy of the law.
Mark (X) all that apply.
01
3. In the opinion of the Attorney General, what
was the impact on persons sentenced under
your State’s statute?
01
02
03
04
All were effectively removed from under sentence of death
as of the decision date; that is, legally these persons could
not be executed under that sentence.
02
None were effectively removed from under sentence of
death as of the decision date; that is, legally these persons
could still possibly be executed under that sentence.
03
Some were effectively removed from under sentence of
death as of the decision date while others were not; that is,
legally some could still possibly be executed under that
sentence while others could not.
Page 2
24
05
06
Lethal injection
Electrocution
Lethal gas
Hanging
Firing squad
Other Specify
FORM NPS-8B (10-11-2018)
Appendix 8:
National Prisoner Statistics Program, NPS-8C
Sample data collection form
25
NPS-8C
RETURN
TO
OMB No. 1121-0030: Approval Expires XX/XX/XXXX
ERD – Criminal Justice Branch
NPS-8
U.S. CENSUS BUREAU
4600 Silver Hill Rd – 6H142B
Washington, DC 20233-6800
NPS-8C
FORM
(10-9-2018)
STATUS OF
U.S. DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS
DEATH PENALTY STATUTES
and ACTING AS COLLECTING AGENT
STATUTE IN FORCE, 2017 U.S. DEPARTMENT
OF COMMERCE
National Prisoner Statistics
Economics and Statistics Administration
2018
U.S. CENSUS BUREAU
(Please correct any error in name, mailing address, and ZIP Code)
DATA SUPPLIED BY
Title
Name
Area code Number
TELEPHONE
Extension
FAX
NUMBER
Area code Number
Date completed
E-MAIL
ADDRESS
GENERAL INFORMATION
● If you need assistance in completing the questionnaire, please call Jessica Klein,
U.S. Census Bureau, toll-free at 1–800–253–2078.
● Please mail your completed questionnaire to the U.S. Census Bureau in the enclosed
envelope before February 12, 2019, or FAX (both sides) to 1–888–891–2099.
Who receives this form?
This form is sent to jurisdictions that had a capital statute in effect on December 31, 2017.
What information is collected?
Items on the reverse side of this form relate to death penalty statutes in effect in your
jurisdiction during the period January 1, 2018, through December 31, 2018.
Burden statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information
unless it displays a currently valid OMB control number. Public reporting burden for this collection
of information is estimated to average 15 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden
estimate or any other aspects of this collection of information, including suggestions for reducing
this burden, to the Director, Bureau of Justice Statistics, Washington, DC 20531; and to the Office
of Management and Budget, OMB No. 1121-0030, Washington, DC 20503.
26
1. National Prisoner Statistics (NPS) records
show that at the end of 2017 your State had
a capital punishment statute. During 2018,
was that law explicitly struck in whole or in
part by the U.S. or the State Supreme Court?
01
No – Go to Question 3
Yes
4. As of December 31, 2018, your State –
Had no capital punishment statute – STOP HERE
01
and return form.
Had a capital punishment statute
02
5. For what offense(s) can the death penalty be
imposed in your State?
Wholly struck
By U.S. Supreme Court
By State Supreme Court
03
02
Partially struck
By U.S. Supreme Court
04
05
By State Supreme Court
Effective date
6. Does your State provide for automatic
appeal upon imposition of the death penalty,
irrespective of defendant’s wishes?
Citation
01
02
Please provide a copy of the Law(s) cited in the box above.
7. What methods of execution are authorized in
your capital punishment statute?
2. In the opinion of the Attorney General, what
was the impact on persons sentenced under
your State’s statute?
01
02
03
No
Yes
Mark (X) all that apply.
01
All were effectively removed from under sentence of death
as of the decision date; that is, legally these persons could
not be executed under that sentence.
02
03
None were effectively removed from under sentence of
death as of the decision date; that is, legally these persons
could still possibly be executed under that sentence.
04
05
06
Lethal injection
Electrocution
Lethal gas
Hanging
Firing squad
Other – Specify
Some were effectively removed from under sentence of
death as of the decision date while others were not; that is,
legally some could still possibly be executed under that
sentence while others could not.
NOTES
3. During 2018, the capital punishment statute
was:
Not changed
01
Revised or modified
02
Replaced (entirely new statute)
03
Effective date
Citation
Please provide a copy of the revised sections.
If revised more than once, please specify.
Page 2
FORM NPS-8C (10-9-2018)
27
Appendix 9:
National Prisoner Statistics Program, NPS-8B/8C
Sample Data collection request letter
28
January 1, 2019
Name, Title
Street1
Street2
City, State, Zip
Dear Mr./Mr. Last Name,
Once again it is time to collect information regarding the status of state and federal death penalty statutes. The information that you
and others provide makes it possible for the Bureau of Justice Statistics (BJS) to produce an annual report on capital punishment. In
addition to providing statistics on persons under sentence of death and executions, the report tracks changes in death penalty laws over
time.
The enclosed questionnaire refers to death penalty laws enacted in your jurisdiction during the period January 1, 2018 through
December 31, 2018.
You can submit your completed NPS-8BC form via web at https://respond.census.gov/nps8ag. Your username and password is below:
Username: XX001
Password: XXXXXXXXXXXX
We would like to receive your submission no later than February 18, 2019. If you have any questions or need any assistance, please
contact Jessica Klein by email at [email protected] or by phone at (800) 253-2078.
The Census Bureau collects these data for BJS, under the authority of Title 34 U.S.C. § 10231. All information will be managed in
accordance with the BJS Data Protection Guidelines (available on the BJS website at
http://www.bjs.gov/content/pub/pdf/BJS_Data_Protection_Guidelines.pdf), which summarize the many federal statutes, regulations,
and other authorities that govern BJS data and data collected and maintained under BJS’s authority. Your participation is voluntary;
however, your cooperation is extremely important in helping us assemble an accurate picture of capital punishment in the United
States. Results from the 2017 data collection will be released in early 2019. You can access previous capital punishment reports on the
BJS website at http://www.bjs.gov/index.cfm?ty=pbse&sid=1.
Thank you for your continued participation in this data collection. If you need assistance with the NPS-8 collection, feel free to
contact the NPS-8 program manager, Tracy Snell, at [email protected] or (202) 616-3288.
Sincerely,
E. Ann Carson, Acting Chief
Corrections Statistics Program
Tracy L. Snell, Statistician
NPS-8 Program Manager
29
Appendix 10:
National Prisoner Statistics Program, NPS-8B/8C
Sample Data collection flyer
30
2019 National Prisoner Statistics (NPS-8)
Effective December 31, 2019
Completed forms can be submitted via:
• Web submission at: https://respond.census.gov/nps8ag
• User ID and password can be found in your mailout letter
• For more information, contact:
Jessica Klein, U.S. Census Bureau
1-800-253-2078
[email protected]
31
Appendix 11:
National Prisoner Statistics Program, NPS-8/8A
Sample BJS email data release notification letter
32
Title First name Last name
Job title
Office
Division
Building
Address1
Address2
City, State Zip code
Dear < Last name>:
Thank you for your participation in the Bureau of Justice Statistics’ survey on capital punishment. The enclosed draft
tables have been compiled from information provided by your office regarding persons under sentence of death during
calendar year 2017. These data will be used in electronic tables that will become available on the BJS website in July
(http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=18).
If you have questions, please call me at (202)616-3288.
Please do not distribute these tables. The data are preliminary and subject to change.
As always, we appreciate your assistance in maintaining the accuracy and timeliness of the Capital Punishment series.
Sincerely,
Tracy L. Snell
Statistician
Corrections Statistics
Attachments
33
Appendix 12:
National Prisoner Statistics Program, NPS-8B/8C
Sample BJS email data release notification letter
34
{Date}
Title First name Middle Initial Last Name
Job title, Job title #2
Office
Building address
Street address
City, State Zip code
Dear <Title>< Last Name>:
Thank you for your participation in the Bureau of Justice Statistics’ survey on capital punishment. The enclosed tables
were assembled from information provided by your office regarding the status of capital statutes in your State during
calendar year 2017. We will include these tables in Capital Punishment, 2017 – Statistical Brief. We expect the
information to be released to the public in July (http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=18).
If you have questions, please feel free to call me at (202)616-3288.
Please do not distribute these tables. The data are preliminary and subject to change.
As always, we appreciate your assistance in maintaining the accuracy and quality of these data.
Sincerely,
Tracy L. Snell
Statistician
Corrections Statistics
Attachments
35
Appendix 13:
National Prisoner Statistics Program, NPS-8/8A
Screenshots of 2018 secure web data collection tool
36
NPS-8 and NPS-8A Landing Page
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxx
xxxx
xxxx
xxxxx
xxxxx
xxxxx
xxxx xxxx
xxxx xxxx
xxxx xxxx
xxxx xxxx
xxxx xxxx
xxxx xxxx
xxxx xxxx
xxxx xxxx
xxxx xxxx
xxxx xxxx
37
NPS-8A, Existing Inmate: Edit Prior Year Data
xxxxx
xxxxxxxxx
xxxxx
NPS-8A, Existing Inmate: Current Year Status 14a, 14b, 14c
38
39
NPS-8A, Existing Inmate: Removal Questions 14c-16
40
41
NPS-8A, Existing Inmate: Review Your Responses (screen for inmates under sentence of death on
reference date)
NPS-8A, Existing Inmate: Review Your Responses (screen for inmates removed from under
sentence of death on reference date
42
NPS-8: New Inmate, Intake Questions 1-14b
43
44
45
46
47
48
NPS-8: New Inmate, Removal Questions 14c-16
49
50
NPS-8: New Inmate, Review Your Responses
51
Appendix 14:
National Prisoner Statistics Program, NPS-8B/8C
Screenshots of 2018 secure web data collection tool
52
NPS-8B
53
54
55
56
NPS-8C
57
58
59
60
</pre><Table class="table"><tr><Td>File Type</td><td>application/pdf</td></tr><tr><Td>Author</td><td>Carson, Elizabeth</td></tr><tr><Td>File Modified</td><td>2019-11-19</td></tr><tr><Td>File Created</td><td>2019-11-18</td></tr></table></div></div></div><hr>
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