This legislation, titled the Family Notification of Death, Injury, or Illness in Custody Act of 2025, aims to establish comprehensive federal policies and procedures for notifying next of kin or emergency contacts when an individual in federal custody experiences a death, serious illness, or serious injury. It mandates that the Attorney General implement these policies for Department of Justice detention agencies within one year of enactment. Furthermore, the bill requires the Attorney General to develop and distribute model policies for state, territorial, tribal, and local government detention agencies, offering assistance for their implementation. The required policies must include best practices for obtaining emergency contact information, including details for medical proxies or advanced directives. For a death in custody , notification must occur within 12 hours, providing information on circumstances, time, cause, and any ongoing investigation. In cases of serious illness or injury , notification should be made as soon as practicable, detailing the incident's nature, the individual's condition, and medical treatment information. The bill defines serious illness or injury to include situations like imminent death without treatment, hospital admission, suicide attempts, unconsciousness, or a terminal illness diagnosis. Notifications must be delivered compassionately by trained personnel, ideally via telephone or in-person, followed by a written letter of condolence. Detention agencies are required to develop and publish written notification plans, making them accessible to individuals in custody. The Department of Justice will provide ongoing training and outreach to support state and local implementation, and will appoint an individual to investigate complaints regarding notification failures. Importantly, providing emergency contact information is voluntary , with no penalties for refusal or inaccuracy, and the bill does not create a private right of action or impose obligations on designated contacts.
Read twice and referred to the Committee on the Judiciary.
Crime and Law Enforcement
Family Notification of Death, Injury, or Illness in Custody Act of 2025
USA119th CongressS-1322| Senate
| Updated: 4/8/2025
This legislation, titled the Family Notification of Death, Injury, or Illness in Custody Act of 2025, aims to establish comprehensive federal policies and procedures for notifying next of kin or emergency contacts when an individual in federal custody experiences a death, serious illness, or serious injury. It mandates that the Attorney General implement these policies for Department of Justice detention agencies within one year of enactment. Furthermore, the bill requires the Attorney General to develop and distribute model policies for state, territorial, tribal, and local government detention agencies, offering assistance for their implementation. The required policies must include best practices for obtaining emergency contact information, including details for medical proxies or advanced directives. For a death in custody , notification must occur within 12 hours, providing information on circumstances, time, cause, and any ongoing investigation. In cases of serious illness or injury , notification should be made as soon as practicable, detailing the incident's nature, the individual's condition, and medical treatment information. The bill defines serious illness or injury to include situations like imminent death without treatment, hospital admission, suicide attempts, unconsciousness, or a terminal illness diagnosis. Notifications must be delivered compassionately by trained personnel, ideally via telephone or in-person, followed by a written letter of condolence. Detention agencies are required to develop and publish written notification plans, making them accessible to individuals in custody. The Department of Justice will provide ongoing training and outreach to support state and local implementation, and will appoint an individual to investigate complaints regarding notification failures. Importantly, providing emergency contact information is voluntary , with no penalties for refusal or inaccuracy, and the bill does not create a private right of action or impose obligations on designated contacts.