Family Notification of Death, Injury, or Illness in Custody Act of 2025

Bill Number

H.R. 2718

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-04-08: Referred to the House Committee on the Judiciary.

Last Updated

2025-12-17T09:06:14Z

AI-Generated Summary

Purpose

The Family Notification of Death, Injury, or Illness in Custody Act of 2025 aims to ensure timely and compassionate notification to next-of-kin or emergency contacts when an individual in custody dies, becomes seriously ill, or suffers a serious injury. It establishes federal standards for the Department of Justice (DOJ) and provides model policies for state, local, and tribal governments to promote humane treatment and reduce family trauma from delayed or inadequate communication.

Key Provisions

• Emergency Contact Information Collection: Detention agencies (government entities that hold people for alleged crimes, such as police or prisons) must ask individuals upon intake for emergency contact details, including names, addresses, phone numbers, emails, preferred notification order, involvement of faith leaders, and medical directives (like advance healthcare instructions or "do not resuscitate" orders). Individuals can update this information anytime, at least annually, and agencies must explain how the data will be used. A standardized form is required, and the information must be stored in the person's custody file.

• Notification Requirements:
• For death: Notify the emergency contact within 12 hours of death declaration, between 6:00 a.m. and midnight local time, including time of death, cause (if known), and investigation status. Follow up within 24 hours if cause is later determined.
• For serious illness or injury: Notify as soon as possible, but no later than 48 hours, between 6:00 a.m. and midnight, before medical procedures if feasible. Include details like cause, incapacitation status, treatments, and medical facility contacts. "Serious" is defined to include imminent life-threatening conditions, hospital admissions, unconsciousness preventing consent, or terminal diagnoses.
• Notifications must be compassionate, professional, and preferably in person or by trained staff (e.g., mental health professionals or chaplains). Voicemails cannot convey death or serious illness details, and in-person/virtual meetings are offered for death notifications.
• Individuals can opt out of notifications or request to notify contacts themselves.

• Handling Belongings, Remains, and Additional Support:
• Return belongings and remains to contacts if desired, with at least 7 days to decide. Document unclaimed items and follow up on investigations.
• For serious cases, allow communication and visitation between contacts and medical staff; share contact info with hospitals; honor medical directives.
• For autopsies after death: Notify contacts within 12 hours of deciding to perform one, explain reasons, and provide results upon completion.

• Documentation and Oversight:
• All notification attempts must be logged in the custody file, including staff details and outcomes.
• Agencies must create or update written notification plans, publish them online, and include them in intake materials.
• DOJ must implement these for its agencies within 1 year, provide model policies and training to others, and require similar standards in contracts with private or other facilities.
• An Ombudsman in the DOJ Office of Inspector General will handle complaints about failures in notification, communication, or visitation.
• Information is confidential, collection is voluntary (no penalties for refusal), and improperly disclosed data is inadmissible in court except if independently obtained.

Significant Changes to Existing Law

This act introduces the first national standard for emergency notifications in custody, addressing the previous lack of uniform federal requirements. It mandates specific timelines, content, and compassionate methods where none existed, potentially overriding inconsistent state or local practices. It also requires proactive collection of medical directives and autopsy result sharing, which were not previously standardized, and adds oversight via an Ombudsman role.

Potential Impacts

• On Government Agencies: Federal detention agencies (e.g., under DOJ, including U.S. Marshals) must adopt new procedures within 1 year, with training and contract requirements adding administrative burdens but improving accountability. State, local, and tribal agencies can voluntarily adopt models, potentially leading to widespread standardization and reduced litigation from notification failures.
• On Citizens: Families of incarcerated individuals gain faster, more reliable information, reducing grief and enabling quicker access to medical decisions or legal actions (e.g., for wrongful deaths). Incarcerated people benefit from dignity protections and options for faith or medical involvement.
• On International Relations: No direct impacts, as the act focuses on domestic U.S. custody systems.

Main Stakeholders Affected

• Individuals in Custody: Detained, arrested, or incarcerated people (including juveniles) who provide or update emergency information.
• Next-of-Kin and Emergency Contacts: Family members or designated persons receiving notifications and involved in decisions about remains, medical care, or investigations.
• Detention Agencies: Federal (DOJ), state, local governments, tribes, and contractors responsible for implementation, training, and compliance.
• DOJ and Oversight Bodies: Attorney General, Office of Justice Programs, and Inspector General tasked with policy development, training, and complaint handling.

Notable Legal, Constitutional, or Political Implications

• Legal: Enhances due process by requiring timely information access, potentially aiding civil rights lawsuits (e.g., under the 14th Amendment's Due Process Clause) for custody deaths or injuries. Confidentiality protections prevent misuse of data, and the inadmissibility rule shields voluntary disclosures from court use.
• Constitutional: References the 18th Amendment (prohibiting cruel and unusual punishment, though typically linked to the 8th Amendment) and 14th Amendment to underscore human dignity for incarcerated people, framing notifications as a constitutional imperative.
• Political: Addresses high custody death rates (e.g., record levels pre- and during COVID-19) highlighted in findings, promoting bipartisan support for reform amid public scrutiny of incarceration practices. It encourages voluntary state adoption without mandates, balancing federal guidance with local autonomy, but could spark debates on implementation costs or privacy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Kamlager-Dove, Sydney [D-CA-37]

Cosponsors (9)

Rep. Moore, Barry [R-AL-1], Rep. Rutherford, John H. [R-FL-5], Rep. Ivey, Glenn [D-MD-4], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. McIver, LaMonica [D-NJ-10], Rep. Underwood, Lauren [D-IL-14], Rep. Carson, André [D-IN-7], Rep. Veasey, Marc A. [D-TX-33], Rep. Foushee, Valerie P. [D-NC-4]

Recent Actions

• 2025-04-08: Referred to the House Committee on the Judiciary.
• 2025-04-08: Introduced in House
• 2025-04-08: Introduced in House

Bill Versions

• Family Notification of Death, Injury, or Illness in Custody Act of 2025 — issued 2025-04-08 — PDF (20 pages)