Family Notification of Death, Injury, or Illness in Custody Act of 2025
The Family Notification of Death, Injury, or Illness in Custody Act of 2025 would create federal policies requiring timely, compassionate notification to next-of-kin or emergency contacts whenever an individual in custody dies, is seriously ill, or suffers a serious injury. It would also require the development of model policies for state, local, tribal, and territorial detention agencies to implement similar procedures. The bill sets out data collection at intake, notification timeframes (death within 12 hours; serious illness/injury within 48 hours), specifics on what must be communicated, and standards to ensure respectful notification. It also directs the Department of Justice to support implementation, publish policies, require adoption in contracts with outside detention facilities, and create an Ombudsman to handle complaints. Additional provisions cover autopsy notifications, handling of the deceased’s belongings and remains, documentation of notification attempts, and confidentiality protections. The bill emphasizes voluntary collection (no coercion), and clarifies that information obtained through violations cannot be used in court except if discovered independently.
Key Points
- 1Federal policy with model state/local/tribal policies: The Attorney General must implement federal emergency contact notification policies for DOJ detention agencies and prepare model policies for other jurisdictions to adopt, promoting consistency across levels of government.
- 2Intake data collection and ongoing rights: At the moment custody is taken, agencies must ask for emergency contact details and preferences, allow updates (at least annually), and accommodate medical directives or powers of attorney, while ensuring individuals can modify or opt out.
- 3Notification timeframes and content: Death must be reported to the emergency contact within 12 hours (6:00 a.m.–midnight local time). Serious illness or injury must be notified within 48 hours, with information about circumstances, medical status, treatment, and hospital or provider details. Notifications should be carried out compassionately and privately, ideally with in-person or video contact and involvement of trained professionals when feasible.
- 4Autopsy and belongings: If an autopsy is performed, next-of-kin must be notified within 12 hours of the determination, with access to the autopsy report upon completion. The bill also sets standards for returning belongings/remains and for documenting outcomes of related investigations.
- 5Oversight, transparency, and agreements: An Ombudsman within the DOJ would oversee compliance and investigate complaints. The DOJ will publish the policies online, require adoption in intergovernmental contracts (within 7 days of custody), and provide training and outreach to law enforcement and prosecutorial agencies.