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

The "Family Notification of Death, Injury, or Illness in Custody Act of 2025" establishes federal policies requiring timely notification of a detainee's family in the event of death, serious injury, or illness while in federal custody, and provides model policies for state, local, and tribal governments.

Sydney Kamlager-Dove
D

Sydney Kamlager-Dove

Representative

CA-37

LEGISLATION

New Federal Bill Mandates 12-Hour Family Notification for Deaths in Custody, Sets National Model

This legislation, the "Family Notification of Death, Injury, or Illness in Custody Act of 2025," tackles a tough reality: families often struggle to get timely or compassionate information when a loved one dies, gets seriously ill, or is injured while detained by federal authorities. The bill sets up clear rules for federal detention agencies, requiring them to notify designated emergency contacts under specific circumstances and timelines. It also directs the Attorney General to create model policies to help state, local, and tribal agencies do the same.

Getting the Call: How Notification Will Work

Under this bill, if someone dies in federal custody, their emergency contact must be notified within 12 hours of the death being declared. For a "serious illness or serious injury" – defined as things like needing hospitalization, being unconscious, or receiving a terminal diagnosis – notification must happen as soon as practical, but no later than 48 hours after the condition is identified. These calls are supposed to happen between 6:00 a.m. and midnight local time.

The bill emphasizes how the notification happens. It calls for compassionate and professional delivery, ideally in person by trained staff for death notifications, and avoiding sensitive details in voicemails (Section 4). Think less bureaucratic runaround, more like how a hospital might handle sensitive news. Individuals in custody can also choose to opt-out of notifications entirely or deliver the news themselves if possible within the timeframe.

Keeping Track: Contact Info & Your Rights

Getting the right person notified means having updated contact information. The bill requires federal agencies to collect emergency contact details (names, numbers, emails, notification preference order) during intake and provide opportunities for updates at least annually (Section 4). This info is collected voluntarily – no one can be penalized for not providing it – and its use is strictly limited to the notification purposes outlined in the act. Crucially, being listed as an emergency contact doesn't saddle you with any legal or financial burdens related to the person in custody (Section 5).

Beyond Federal Walls: Setting a Standard

The impact aims to stretch beyond federal facilities. The Attorney General has one year to implement these policies within Department of Justice agencies and must also develop model policies for state, tribal, and local detention centers, offering training and assistance (Section 4). While adoption isn't mandated for non-federal agencies, the goal is to create a national standard. To handle issues within the federal system, the bill establishes an Ombudsman within the DOJ to investigate complaints about notification failures or lack of communication access for families (Section 4). This structure provides a potential pathway for accountability if the notification process breaks down.