H.R. 2718: Family Notification of Death, Injury, or Illness in Custody Act of 2025

This bill, titled the Family Notification of Death, Injury, or Illness in Custody Act of 2025, aims to establish federal standards for notifying family members or emergency contacts when individuals in federal custody die, suffer serious injuries, or become seriously ill. Here is a breakdown of its main provisions:

Purpose of the Bill

The primary goal is to ensure timely and compassionate notification of family members regarding the death, serious illness, or injury of individuals held in detention facilities, including prisons and jails. The bill recognizes the existing gaps in communication and aims to prevent inhumane treatment due to inadequate notification practices.

Key Findings

The bill highlights several findings, including:

• The importance of notifying next-of-kin or emergency contacts in a compassionate manner.
• The lack of standardized protocols can lead to additional grief and trauma for families.
• The rise in deaths in custody, particularly exacerbated by the COVID-19 pandemic.

Definitions

Terms defined in the bill include:

• Custodial record: A central file containing information about the individual in custody.
• Detention agency: Any government agency responsible for detaining individuals.
• In custody: Refers to anyone held by a detention agency, including those being arrested or already incarcerated.

Emergency Contact Notification Policies

The bill mandates several actions by the Attorney General:

• Develop and implement policies for federal detention agencies to notify emergency contacts promptly in cases of death, serious illness, or serious injury.
• Create model policies for state and local detention facilities to adopt similar notification processes.
• Ensure that necessary information regarding emergency contacts is collected when an individual is taken into custody.

Notification Procedures

Specific notification requirements include:

• For death: Notifications must occur within 12 hours after death is declared.
• For serious illness or injury: Notifications are to be made as soon as practicable, but no later than 48 hours.

Notifications must include detailed information regarding the circumstances of the individual's death, serious illness, or injury.

Emergency Contact Information Collection

Detention agencies will be required to:

• Ask individuals for emergency contact details when taken into custody.
• Allow individuals to update these contacts periodically.

Compassionate Notification Standards

The bill stipulates that notifications should be handled compassionately and professionally, ensuring minimal trauma for family members. Critical measures include:

• Notifications should be performed in private settings, ideally by trained personnel.
• There should be guidelines for what information is conveyed verbally or in writing.

Handling of Belongings and Remains

The bill also establishes standards for returning belongings and remains to the next-of-kin. Detention agencies must provide at least seven days for families to decide on the disposition of these items post-death.

Monitoring and Compliance

The Attorney General is required to appoint an Ombudsman to oversee the compliance of the notification process and address any complaints regarding failures in notification or communication.

Confidentiality and Legal Protections

Information collected under this act cannot be disclosed for purposes outside this bill, ensuring that individuals in custody are not coerced into providing contacts and cannot be penalized for not doing so.

Enforcement of Model Policies

To support state and local implementation of these policies, the federal government will provide training and resources to detention agencies, ensuring widespread adoption and adherence to the standards set forth in this legislation.

Relevant Companies

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