S. 1322: Family Notification of Death, Injury, or Illness in Custody Act of 2025
The Family Notification of Death, Injury, or Illness in Custody Act of 2025 is designed to establish a systematic approach for notifying family members or emergency contacts when individuals die, become seriously ill, or are severely injured while in federal custody. The key components of the bill include:
Notification Policies
To ensure timely and compassionate notification, the bill mandates that:
- The **Attorney General** must implement policies for federal detention agencies to notify next of kin or emergency contacts about the death, serious illness, or serious injury of an individual in custody within specified timelines.
- The **Department of Justice** will create and provide model notification policies for states, local governments, and Indian Tribes to adapt and implement similar procedures.
Notification Timelines
The bill outlines specific timelines for notifications:
- In the case of a **death in custody**, notification must occur within **12 hours** of the death declaration and only between 6:00 a.m. and midnight local time.
- For **serious illness or serious injury**, authorities should notify the emergency contact as soon as practicable after the incident occurs.
Notification Content Requirements
When providing notifications, the information communicated should include:
- The circumstances of the event, including the official time and cause of death and whether it is under investigation.
- For serious illness or injury, details regarding the condition of the individual, any necessary medical procedures, and the contact information of the medical facility or provider.
Compassionate and Professional Approach
The bill emphasizes the need for notifications to be delivered in a **compassionate and professional** manner, recommending trained personnel for in-person notifications, follow-up written communications, and ensuring the individual receiving notification has access to further information.
Emergency Contact Information Collection
Detention agencies are required to collect thorough emergency contact information, including:
- Name, last known address, telephone number, and email of individuals authorized to receive notification and personal effects.
- Any wishes of the individual in custody regarding participation of faith leaders or directives on medical decision-making.
Policies for States and Local Agencies
The bill also mandates support from the **Department of Justice** in the implementation of these policies at state and local levels, including training and outreach to law enforcement agencies.
Monitoring Compliance
The Attorney General is tasked with appointing someone to oversee and investigate complaints regarding the adequacy of notifications and communication with family members. There are mechanisms in place to ensure adherence to these standards across all detention agencies.
Voluntary Participation
The bill specifies that no individual in custody can be forced or penalized for not providing emergency contact information, ensuring the process is voluntary and respectful of individual rights.
Exemptions and Limitations
Finally, the legislation clarifies that it does not create legal or financial obligations for those designated as next of kin or emergency contacts and does not establish a private right to legal action under its provisions.
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Sponsors
2 bill sponsors
Actions
2 actions
Date | Action |
---|---|
Apr. 08, 2025 | Introduced in Senate |
Apr. 08, 2025 | Read twice and referred to the Committee on the Judiciary. |
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