Family Notification in Custody Act

Summary#

This bill requires the Attorney General to set rules for how Department of Justice detention agencies notify a person’s next of kin or other emergency contact if the person dies, is seriously ill, or is seriously injured while in custody. The Attorney General must also create and share model policies for State, local, territorial, and Tribal detention agencies and help them implement those policies. The rules must be written and posted, and the DOJ must provide training and outreach. The bill says DOJ contractors who house people must follow the notification procedures.

The policies must say how detention agencies should collect emergency contact information and include a template form to keep in the person’s custodial record. They must define "serious illness or serious injury" and list situations that require notification, such as when death is imminent, hospital admission is required, attempted suicide, unconsciousness, or diagnosis of a terminal illness. If someone dies in custody, the emergency contact must be notified within 12 hours of the declaration of death and between 6:00 a.m. and midnight local time. For serious illness or injury, agencies must try to notify the emergency contact as soon as practicable. Notifications must include certain information (for death: time, cause, and whether the death is under investigation; for serious illness/injury: cause and nature, incapacity status, medical procedures, and medical facility contact information). The policies must require compassionate, trained notification, allow visits and medical communication for emergency contacts, document notification attempts, explain autopsy procedures, and permit people in custody to update their emergency contact information. The bill says collection of contact information is voluntary and cannot be coerced or penalized. It also says the Act does not create a private right to sue.

What it means for you#

• If you are detained by a DOJ detention agency, the agency should ask for emergency contact information and record it in your custodial record. You may decline to provide it without penalty.
• If a detained person dies, is seriously ill, or is seriously injured, the listed emergency contact should be told within the timeframes and with the information described in the bill.
• Detention agencies must publish their written notification plans online and give the plans to people when they enter custody.
• DOJ will provide model policies and training to other jurisdictions and require contractors to follow the procedures or similar ones.

Expenses#

No publicly available information.

Proponents' View#

The bill’s findings state that timely, compassionate notification of family members respects human dignity and can reduce additional trauma to loved ones. Supporters in the bill also emphasize uniform standards and training across jurisdictions and the need for clear written procedures.

Opponents' View#

No publicly available information.