119-s1322

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1322

To establish Federal policies and procedures to notify the next of kin 
 or other emergency contact upon the death, or serious illness or 
 serious injury, of an individual in Federal custody, to provide model 
 policies for States, units of local government, and Indian Tribes to 
 implement and enforce similar policies and procedures, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 8, 2025

Mr. Ossoff (for himself and Mr. Kennedy) introduced the following bill; 
 which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

To establish Federal policies and procedures to notify the next of kin 
 or other emergency contact upon the death, or serious illness or 
 serious injury, of an individual in Federal custody, to provide model 
 policies for States, units of local government, and Indian Tribes to 
 implement and enforce similar policies and procedures, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Family Notification of Death, 
Injury, or Illness in Custody Act of 2025''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) In the event an individual dies or becomes seriously 
 ill or injured while being detained, arrested, or while in law 
 enforcement custody, their family members deserve to be 
 notified in a timely and compassionate manner. Such 
 notification is necessary to uphold the basic human dignity of 
 incarcerated people, a concept rooted in the Eighth Amendment 
 and Due Process Clause of the 14th Amendment to the 
 Constitution of the United States.

    (2) The lack of a national standard governing notification 
 of death, illness, and injury that occur in prisons, jails, and 
 police custody can lead to inhumane treatment of incarcerated 
 people and their loved ones. Poor communication regarding the 
 death of a loved one may exacerbate the grief and other 
 physical and psychological reactions of surviving relatives.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Custodial record.--The term ``custodial record'' means 
 the central file of an individual in custody.

    (2) Detention agency.--The term ``detention agency'' means 
 any government agency, including a law enforcement agency or 
 correctional agency, that has the authority to detain 
 individuals for violations or alleged violations of criminal or 
 civil law.

    (3) In custody of a detention agency.--The term ``in the 
 custody of a detention agency'' means an individual who, after 
 being detained and booked into a jail or holding facility for a 
 Federal, State, or local offense--
        (A) is physically housed at a jail, prison, boot 
 camp prison, contract correctional facility, community 
 correctional facility, halfway house, or other 
 correctional facility (including any juvenile detention 
 facility); or
        (B) has been or is being transferred to a medical 
 facility from a correctional facility.

SEC. 4. EMERGENCY CONTACT NOTIFICATION POLICIES AND PROCEDURES.

    (a) Emergency Contact Notification Policies and Procedures.--Not 
later than 1 year after the date of enactment of this Act, the Attorney 
General shall, consistent with the requirements in this section--

    (1) implement policies and procedures for the detention 
 agencies of the Department of Justice to notify the next of kin 
 or other emergency contact in the event of the death, or 
 serious illness or serious injury, of an individual in the 
 custody of a detention agency of the Department of Justice; and

    (2) develop and distribute model policies and procedures 
 for detention agencies of States, territories of the United 
 States, Tribes, and units of local government to notify the 
 next of kin or other emergency contact in the event of the 
 death, or serious illness or serious injury, of an individual 
 in the custody of the detention agency, and provide assistance 
 to such detention agencies so that the agencies may implement 
 such procedures or substantially similar processes.

    (b) Contents of Emergency Contact Notification Policies and 
Procedures.--The policies and procedures described in subsection

    (a) shall include best practices that address the following:

    (1) Emergency contact information.--In the case of an 
 individual that is in the custody of a detention agency, the 
 detention agency shall obtain, to the greatest extent 
 practicable--
        (A) the name, last known address, telephone number, 
 and email of any individual or individuals who--
            (i) shall be notified in the event of the 
 death or serious illness or serious injury, of 
 the individual in custody; and
            (ii) are authorized to receive the body and 
 personal effects of the individual in custody;
        (B) whether the individual in custody would like a 
 faith leader to participate in the notification process 
 and, if so, of what denomination; and
            (C) whether the individual has in place a medical 
 proxy decision maker or medical power of attorney, 
 advanced directive, or do not resuscitate order, and 
 the name and contact information of the individual or 
 individuals holding such authorities.

    (2) Notification requirements for death, serious illness, 
 and serious injury while in custody.--
        (A) Notification of death in custody.--In the event 
 an individual dies while in the custody of the 
 detention agency, the detention agency shall notify the 
 emergency contact of the individual not later than 12 
 hours after the declaration of death and between the 
 hours of 6:00 a.m. and to midnight local time. Such 
 notification shall include information about the 
 circumstances surrounding the death, including the 
 official time of death, the cause of death, and whether 
 the death is under investigation, including the reason 
 for opening the investigation.
        (B) Notification of serious illness or serious 
 injury.--In the event an individual becomes seriously 
 ill or seriously injured while in the custody of a 
 detention agency, the detention agency shall attempt to 
 notify the emergency contact of the individual as soon 
 as practicable after the serious injury or serious 
 illness occurs. Such notification shall include 
 information about the serious illness or injury, 
 including the cause and nature of the serious injury or 
 serious illness event, whether the individual is 
 incapacitated, unconscious, or unable to speak, whether 
 any medical procedures or life-saving measures were, or 
 will be, performed in response to the incident, and the 
 contact information of the facility and provider of 
 medical treatment.

    (3) Compassionate and professional notification.--The 
 policies and procedures described in subsection

    (a) shall 
 include best practices to provide notification of death, 
 serious illness, or serious injury in custody in a 
 compassionate and professional manner to minimize confusion and 
 trauma suffered by the next of kin or other emergency contact. 
 The best practices shall address the manner of notification, 
 including--
        (A) providing notification by an individual trained 
 in notification best practices;
        (B) if notification occurs in person, providing the 
 next of kin or other emergency contact a point of 
 contact at the detention facility; and
            (C) providing notification of a death in custody 
 via a telephone or in-person conversation, immediately 
 followed by a written letter of condolence that advises 
 the person of the circumstances of the death, and 
 providing a description of what information can and 
 cannot be provided over voicemail.

    (4) Definition of serious illness or serious injury.--The 
 policies and procedures described in subsection

    (a) shall 
 define when a medical event, episode, condition, accident, or 
 other incident constitutes a serious illness or serious injury. 
 In defining such term, the Attorney General shall require 
 notification in at least situations where--
        (A) without immediate treatment for the condition, 
 death is imminent;
        (B) admission to a hospital is required;
            (C) an individual attempted suicide;
            (D) an individual is unconscious or incapacitated 
 such that they are incapable of providing consent for 
 medical treatment; and
        (E) an individual has been diagnosed with a 
 terminal illness.

    (5) Emergency contact form.--The policies and procedures 
 described in subsection

    (a) shall include a template form for 
 detention agencies to record the emergency contact information 
 for inclusion in the custodial record of the individual.

    (6) Additional best practices.--The policies and practices 
 described in subsection

    (a) shall include best practices to--
        (A) permit individuals in custody to modify their 
 emergency contact information as needed;
        (B) provide individuals in custody the opportunity 
 to fill out a medical power of attorney, health care 
 proxy, advanced directive, a do not resuscitate order, 
 or any other similar document that complies with the 
 State law in the location of detention;
            (C) return the belongings and remains of the 
 individual to the emergency contact, if desired;
            (D) document and maintain within the custodial 
 record of the individual each notification attempt 
 performed pursuant to this Act by the detention agency;
        (E) provide the emergency contact meaningful 
 opportunity to visit with a seriously ill or seriously 
 injured individual in custody and to communicate with 
 the medical staff caring for that individual;
        (F) provide the individual in custody information 
 about the purpose and permissible uses of the emergency 
 contact information provided pursuant to this section; 
 and
        (G) in the event of a death in custody, notify the 
 emergency contact if an autopsy is going to be 
 performed and the procedures for obtaining any autopsy 
 report.
            (c) Written Notification Plan.--The policies and procedures 
described in subsection

    (a) shall instruct detention agencies to 
develop a written notification plan, or revise an existing written 
notification plan, that provides for notification of a death, serious 
illness, or serious injury of an individual in custody that conforms 
with the policies described in subsection

    (b) . Such written 
notification plans shall be published on the website of the detention 
agency and made accessible to individuals in the custody of the 
detention agency through inclusion in any intake information, manuals, 
or other materials distributed or made available to individuals upon 
being taken into custody.
            (d) Additional Requirements.--

    (1) DOJ support of state and local implementation of model 
 policies.--To support implementation of the model policies and 
 procedures described in subsection

    (a)

    (2) , the Attorney General 
 shall provide ongoing online training and directed outreach to 
 law enforcement, prosecution and defense agencies through 
 national and State membership associations, and by other means.

    (2) Publication of emergency contact policies and 
 procedures.--The Attorney General, acting through the Assistant 
 Attorney General of the Office of Justice Programs, shall--
        (A) publish on the website of the Office of Justice 
 Programs the policies and procedures described in 
 subsection

    (b) ; and
        (B) shall include a copy of the procedures 
 described in subsection

    (b)

    (1) in any intake 
 information, manuals, or other materials distributed or 
 made available to individuals upon being taken into 
 custody of a detention agency of the Department of 
 Justice.

    (3) Intergovernmental service contracts and agreements.--
 Any Department of Justice detention agency, including the 
 United States Marshals Service, that contracts with State, 
 municipality, Tribal, private, or other entities to house 
 individuals in custody shall require adoption of the procedures 
 or substantially similar procedures as described in subsection

    (b)

    (2) as a condition of such contract or contract renewal.

    (4) Department of justice to monitor compliance with 
 notification and communication requirements.--The Attorney 
 General shall appoint an individual within the Department of 
 Justice with the authority to receive and investigate 
 complaints regarding the failure to provide--
        (A) the notifications required under this Act, 
 including inadequate notifications; and
        (B) opportunities for communication and visitation 
 in accordance with this Act.

    (e) Voluntary Collection.--A detention agency may not--

    (1) attempt to persuade or coerce an individual in the 
 custody of a detention agency to provide the information 
 described in subsection

    (a) ; or

    (2) impose any penalty, fine, or fee on the individual 
 for--
        (A) the failure or refusal of the individual to 
 provide the information requested; or
        (B) providing information that is later determined 
 to be inaccurate.

SEC. 5. RULES OF CONSTRUCTION.

 Nothing in this Act may be construed to--

    (1) create any legal or financial obligation on the part of 
 any individual designated as a next of kin or other emergency 
 contact under this Act;

    (2) require the individual in custody of a detention agency 
 to provide the emergency contact information described in 
 

section 4

    (a) ; or

    (3) create a private right of action to enforce any 
 provision of this Act.
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