Section 1 Short title
This Act may be cited as the “Family Notification of Death, Injury, or Illness in Custody Act of 2022”.
Family Notification of Death, Injury, or Illness in Custody Act of 2022
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.
Sec. 2 Findings
Congress finds the following:
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.
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:
Custodial record— The term custodial record means the central file of an individual in custody.
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.
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—
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
has been or is being transferred to a medical facility from a correctional facility.
Sec. 4 Emergency contact notification policies and procedures
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—
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
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.
Contents of emergency contact notification policies and procedures— The policies and procedures described in subsection (a) shall include best practices that address the following:
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—
the name, last known address, telephone number, and email of any individual or individuals who—
shall be notified in the event of the death or serious illness or serious injury, of the individual in custody; and
are authorized to receive the body and personal effects of the individual in custody;
whether the individual in custody would like a faith leader to participate in the notification process and, if so, of what denomination; and
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.
Notification requirements for death, serious illness, and serious injury while in custody—
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.
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.
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—
providing notification by an individual trained in notification best practices;
if notification occurs in person, providing the next-of-kin or other emergency contact a point of contact at the detention facility; and
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.
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—
without immediate treatment for the condition, death is imminent;
admission to a hospital is required;
an individual attempted suicide;
an individual is unconscious or incapacitated such that they are incapable of providing consent for medical treatment; and
an individual has been diagnosed with a terminal illness.
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.
Additional best practices— The policies and practices described in subsection (a) shall include best practices to—
permit individuals in custody to modify their emergency contact information as needed;
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;
return the belongings and remains of the individual to the emergency contact, if desired;
document and maintain within the custodial record of the individual each notification attempt performed pursuant to this Act by the detention agency;
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;
provide the individual in custody information about the purpose and permissible uses of the emergency contact information provided pursuant to this section; and
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.
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.
Additional requirements—
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.
Publication of emergency contact policies and procedures— The Attorney General, acting through the Assistant Attorney General of the Office of Justice Programs, shall—
publish on the website of the Office of Justice Programs the policies and procedures described in subsection (b); and
shall include a copy of the procedures described 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.
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.
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—
the notifications required under this Act, including inadequate notifications; and
opportunities for communication and visitation in accordance with this Act.
Voluntary collection— A detention agency may not—
attempt to persuade or coerce an individual in the custody of a detention agency to provide the information described in subsection (a); or
impose any penalty, fine, or fee on the individual for—
the failure or refusal of the individual to provide the information requested; or
providing information that is later determined to be inaccurate.
Sec. 5 Rules of construction
Nothing in this Act may be construed to—
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;
require the individual in custody of a detention agency to provide the emergency contact information described in section 4(a); or
create a private right of action to enforce any provision of this Act.