PolicyBrief
H.R. 2718
119th CongressApr 8th 2025
Family Notification of Death, Injury, or Illness in Custody Act of 2025
IN COMMITTEE

This Act establishes mandatory, timely, and compassionate notification procedures for families when an individual in custody dies, is seriously injured, or becomes seriously ill.

Sydney Kamlager-Dove
D

Sydney Kamlager-Dove

Representative

CA-37

LEGISLATION

Federal Bill Mandates 12-Hour Family Notification for In-Custody Deaths: Ends Voicemails for Tragic News

The new Family Notification of Death, Injury, or Illness in Custody Act of 2025 is designed to fix a heartbreaking, systemic failure: the inhumane way families are often notified when a loved one dies or is seriously hurt while in the custody of law enforcement or correctional facilities.

This bill doesn't just suggest better communication; it sets hard, national rules. It requires all detention agencies—from local police departments to federal prisons—to collect emergency contact information immediately upon intake and use that information to notify families within strict timeframes. Specifically, if a death occurs, the family must be notified within 12 hours of the death being determined. For a serious injury or illness, the deadline is 48 hours. Crucially, these notifications must be delivered compassionately and professionally, meaning no more leaving a voicemail or sending a letter stamped "inmate dead," as Congress noted has happened in the past (SEC. 2).

The Emergency Contact Rule: No More Guessing Games

For anyone entering custody, the agency must now ask for the name, address, phone number, and preferred order of contact for anyone the person wants notified in an emergency. Think of it like the emergency contact card you fill out at a new job, but for detention. The person in custody must be allowed to update this information at any time, and at least once a year (SEC. 4). This provision cuts through the bureaucratic red tape that currently leaves families scrambling for information when tragedy strikes. It puts the power of designation back in the hands of the individual.

Defining 'Serious' and Delivering the News Right

The bill requires agencies to define what counts as a "serious illness or injury," which must include situations where death is imminent, the person requires hospitalization, or they are incapacitated. If your family member falls into one of these categories, the clock starts ticking for the agency to call you. The rules require that notifications be done in person or over the phone, and if it’s over the phone, the agency must offer a follow-up in-person or virtual meeting. This is a direct response to the documented failures where police or jail staff delivered life-altering news without any compassion or support (SEC. 4).

If the news is a death, the agency must share the official time and cause of death. If the cause isn't known yet, they have 24 hours after the determination is made to follow up. Furthermore, if an autopsy is performed, the next-of-kin must be informed within 12 hours, and they are entitled to a copy of the final autopsy report once it’s complete. This is a huge step toward transparency, as the bill specifically notes that delayed autopsy reports have sometimes prevented families from seeking justice in wrongful death cases (SEC. 2).

The Administrative Reality Check

While this bill is a massive win for civil rights and human dignity, it creates a significant administrative lift for every jail, prison, and police department in the country. The Department of Justice (DOJ) has one year to develop the official policies and then provide training and assistance to state, local, and Tribal agencies to adopt them. Facilities will need to overhaul their intake procedures, train staff on compassionate notification best practices (ideally using mental health professionals or chaplains), and meticulously document every attempt at contact (SEC. 4).

For local jails, this means a new cost and compliance burden, but it’s non-negotiable. The DOJ is also required to appoint an Ombudsman to investigate complaints about failures to notify, which means there will be federal oversight and accountability for agencies that drop the ball. The bill also protects the individual: agencies cannot force someone to provide emergency contact information, and if they misuse the contact information or obtain it through coercion, that information cannot be used as evidence in court (SEC. 4). This bill is essentially saying: communication during a crisis is a human right, not a bureaucratic afterthought.