Family Notification of Death, Injury, or Illness in Custody Act of 2025
S. 1322, the Family Notification of Death, Injury, or Illness in Custody Act of 2025, establishes federal standards and procedures for notifying a detainee’s next of kin or designated emergency contact when someone in federal custody dies, becomes seriously ill, or suffers a serious injury. It directs the Department of Justice to develop and implement model notification policies for DOJ detention agencies and to create model policies for states, territories, Tribes, and local governments to adopt or adapt. The bill also sets out what information must be collected from detainees (emergency contacts, preferred faith leader, medical proxies, directives) and prescribes timelines, methods, and content of notifications to minimize trauma for families. It further requires publication of these policies, training, and contract requirements for agencies that house detainees, and it creates an oversight mechanism to handle complaints about notification failures. Importantly, the bill does not create new legal obligations on next of kin, does not require detainees to provide contact information, and does not create a private right of action. In short, the statute aims to standardize and humanize how families are told about a detainee’s death or medical crisis, while providing a framework for federal, state, tribal, and local agencies to implement similar procedures.
Key Points
- 1Federal action and model policies: The Attorney General must implement DOJ detention-agency policies for death, serious illness, or serious injury notifications, and develop model policies for state, territorial, Tribal, and local detention agencies to adopt or adapt.
- 2Notification timelines and content: For death in custody, notification to emergency contacts must occur within 12 hours of death (6:00 a.m.–midnight local time) and must include details about the death’s circumstances and ongoing investigation status. For serious illness or injury, notification must occur as soon as practicable, with information about the condition, treatment decisions, and care providers.
- 3Emergency contact information and practices: Policies require collecting emergency contact details (names, addresses, phone/email), whether a faith leader should be involved, and any medical proxies, powers of attorney, directives, or DNR orders, plus how to handle body and personal effects.
- 4Compassionate and professional notification: Implement best practices for respectful communication, including trained notification personnel, in-person contact when possible, and a follow-up condolence letter with clear information about what can and cannot be shared.
- 5Oversight, publication, and conditions of contracts: DOJ must publish the policies on the Office of Justice Programs website, require contractors housing detainees to adopt or substantially adopt these procedures, train relevant personnel, and appoint a DOJ official to handle complaints about failures to notify and to allow contact/visitation opportunities.