Family Notification of Death, Injury, or Illness in Custody Act of 2025
- Sponsor
- Rep. Kamlager-Dove, Sydney [D-CA-37]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 8, 2025
Bottom line
This bill aims to standardize and improve communication between detention agencies and families regarding the well-being and deaths of individuals in custody, addressing current inconsistencies and perceived inhumane practices.
What it actually does
This bill establishes federal policies for Department of Justice detention agencies to notify next-of-kin or emergency contacts upon the death, serious illness, or serious injury of individuals in federal custody. It mandates the Attorney General to develop model policies for state, local, and tribal detention agencies and provide assistance for their implementation. The bill sets specific timeframes for notification, details required information, and outlines procedures for handling belongings and autopsy results.
Proponents argue
Proponents argue the bill upholds basic human dignity for incarcerated individuals and their families by ensuring timely, compassionate, and transparent notification of critical events. They highlight tragic real-world examples where families were left in the dark, experiencing exacerbated grief and an inability to seek justice due to poor communication and delayed information release. The bill seeks to prevent such incidents and establish a national standard.
Opponents contend
Potential opponents might raise concerns about the administrative burden and resource implications for detention agencies, particularly smaller state and local entities, in implementing the detailed notification requirements, training staff, and maintaining updated contact information. They might also argue about potential privacy concerns for individuals in custody regarding the disclosure of their medical status, even to designated contacts, or the logistical challenges of ensuring "in-person" or "mental health professional" notifications in all circumstances.
The bill is relatively straightforward and its length allows for a comprehensive understanding within a reasonable timeframe, making it accessible for informed readers.
Section 1
Short Title
This section establishes the official short title of the Act as the "Family Notification of Death, Injury, or Illness in Custody Act of 2025," which is how the legislation will be commonly referred to.
Supporters argue
Supporters argue that a clear and descriptive short title helps in easily identifying and referencing the legislation, making it more accessible to the public and policymakers.
Critics contend
No specific opposition is typically raised against this provision as it is a standard legislative practice.
Section 2
Congressional Findings
This section outlines Congress's rationale for enacting the bill, citing instances of delayed or inadequate family notifications regarding deaths, serious illnesses, or injuries of individuals in custody. It emphasizes the importance of timely, compassionate notification for human dignity and highlights the rising number of deaths in custody, including those related to COVID-19.
Section 4(a)
Attorney General to Implement Federal and Model Policies
This provision mandates the Attorney General, within one year of enactment, to establish specific policies for Department of Justice detention agencies regarding emergency contact notification. Simultaneously, the Attorney General must develop and disseminate model policies for state, territorial, tribal, and local government detention agencies, offering assistance for their implementation.
Section 4(b)(1)
Collection and Use of Emergency Contact Information
This section requires detention agencies to collect specific emergency contact information from individuals upon taking custody, including names, addresses, phone numbers, and emails of persons to be notified in case of death, serious illness, or injury, and who are authorized to receive the body. It also requires asking about preferred notification order, faith leader involvement, and medical proxy information. Individuals must be allowed to modify this information periodically, and its purpose must be disclosed.
Section 4(b)(2)
Specific Notification Requirements for Death, Serious Illness, or Injury
This provision sets strict timeframes for notification: within 12 hours of death declaration and 48 hours of serious illness/injury determination, both between 6:00 a.m. and midnight local time. It specifies the information to be included in notifications (e.g., time/cause of death, nature of injury/illness, medical procedures, facility contact). It also defines "serious illness or serious injury" to include conditions requiring hospitalization, incapacitation, or terminal illness.
Section 4(b)(2)(E)
Standards for Compassionate and Professional Notification
This provision mandates standards for providing notifications in a compassionate and professional manner, aiming to minimize trauma. It prohibits including death or serious illness notifications in voicemails, offers in-person or virtual face-to-face meetings for death notifications, and requires notifications to be provided in a private setting, ideally in person by a mental health professional, designated case worker, or chaplain trained in best practices.
Section 4(b)(4)
Handling of Belongings and Remains
This section establishes standards for handling the belongings and remains of individuals who die in custody. It requires returning these items to the next-of-kin or emergency contact, providing at least 7 days for decisions on disposition, and following up with investigation outcomes. It also mandates documenting unclaimed or rejected bodies/property and their disposal.
Section 4(b)(7)
Autopsy Notification and Report Access
This provision requires informing the next-of-kin or emergency contact within 12 hours of a decision to perform an autopsy, including the reason and how to obtain the report. A copy of the autopsy report and results must be made available to the emergency contact upon completion.
Section 4(d)(3)
Contractual Requirement for State, Local, Tribal, and Private Facilities
This provision mandates that any Department of Justice detention agency (e.g., U.S. Marshals Service) that contracts with state, municipality, tribal, or private entities to house individuals in custody must require these contractors to adopt the bill's notification procedures (or substantially similar processes) as a condition of their contract or renewal. This must be implemented as soon as practicable, but no later than 7 days of taking an individual into custody.
Section 4(d)(4)
Department of Justice Ombudsman for Compliance
This provision requires the Attorney General to appoint an Ombudsman within the Department of Justice. This Ombudsman will have the authority to receive and investigate complaints regarding failures to provide required notifications, inadequate notifications, and failures to provide opportunities for communication and visitation as mandated by the Act.
Section 4(e)
Confidentiality of Information
This provision stipulates that information collected under the Act by a detention agency or its agents cannot be disclosed or used for any purpose other than as explicitly provided in the Act.
Section 4(g)
Inadmissibility of Misused Information
This provision states that any information disclosed or used in violation of the Act cannot be admitted into any state, federal, or other court as evidence or for any other purpose, unless it was discovered through independent means.
Requires Department of Justice detention agencies to mandate the adoption of the bill's notification procedures by state, local, tribal, or private entities they contract with to house individuals in custody, as a condition of contract.
Section 4(d)(3)
Why it matters:This is standard legislative practice for ensuring federal standards apply to entities receiving federal funds or housing federal detainees, but its broad reach might not be immediately obvious to a casual reader.
Case for: Ensures consistent standards of care and notification for all individuals under federal custody, regardless of where they are housed, preventing a two-tiered system.
Case against: Could be seen as an unfunded mandate on state, local, and private facilities, potentially increasing their operational costs and administrative burden without direct federal funding.
Estimated impact: Potentially significant operational and financial impact on a large number of non-federal detention facilities that contract with federal agencies.
Defines "serious illness or serious injury" as conditions where death is imminent without immediate treatment, hospital admission is required, an individual is unconscious/incapacitated, or has been diagnosed with a terminal illness.
Section 4(b)(2)(D)
Why it matters:This is common legislative drafting to place definitions relevant to a specific section within that section. However, its specific criteria are highly consequential for triggering agency action.
Case for: Provides clear, objective criteria for when notification is required, reducing ambiguity and ensuring consistency across agencies.
Case against: Some might argue the definition is too broad, leading to excessive notifications, or too narrow, potentially missing critical but not "imminent death" situations.
Estimated impact: Directly impacts the frequency and scope of notifications by detention agencies.