New Bill Mandates Family Notification Within 12 Hours for In-Custody Deaths, Sets National Standards

This legislation, the "Family Notification of Death, Injury, or Illness in Custody Act of 2025," tackles a difficult but crucial issue: ensuring families are promptly and compassionately informed when a loved one dies, gets seriously hurt, or falls gravely ill while in government custody. The core idea is straightforward: establish clear, nationwide rules for how and when detention agencies—think federal prisons, local jails, or police lockups—must contact next of kin or a designated emergency contact.

Getting the Call: What Changes for Families

Under this bill, federal Department of Justice (DOJ) facilities have one year to put new notification policies in place. The big change? A specific timeline for death notifications. If someone dies in custody, the agency must notify the emergency contact within 12 hours of the official death declaration, and only between 6:00 a.m. and midnight local time. For "serious illness or serious injury"—defined to include conditions needing hospitalization, attempted suicide, unconsciousness, or terminal illness (Sec. 4)—notification must happen "as soon as practical."

This isn't just about speed; it's about how the news is delivered. The bill calls for trained personnel to make contact, offering compassion and providing a point person at the facility for follow-up questions. For deaths, a formal letter must follow any phone or in-person notification. The goal, outlined in the findings (Sec. 2), is to move away from inconsistent or delayed communication that can compound a family's grief and trauma.

The Nuts and Bolts: Setting the Standard

The Attorney General is tasked not only with implementing these rules within DOJ agencies but also with creating model policies for state, local, and tribal facilities, offering assistance to help them adopt similar standards (Sec. 4). These policies cover practical details: how agencies should collect emergency contact info (including options for faith leaders or medical proxies), allowing individuals to update this info, procedures for returning belongings and remains, documenting notification attempts, and informing detainees about how their contact information will be used.

Importantly, agencies can't force anyone to provide emergency contact details or punish them for not doing so (Sec. 4). The bill also mandates online training for law enforcement and related agencies and requires a designated DOJ official to handle complaints about failures to notify. It's worth noting, however, that the bill explicitly states it doesn't create new financial obligations for emergency contacts or a private right for individuals to sue for enforcement (Sec. 5).

Real-World Ripples

For families, this could mean replacing uncertainty and agonizing waits with clear, timely information during incredibly stressful times. It standardizes a process that currently varies widely, aiming for basic human dignity as cited in the bill's findings (Sec. 2). For detention agencies, it means adopting new protocols, training staff, and potentially facing increased administrative tasks. Federal agencies contracting with private facilities must ensure those contractors adopt similar notification rules (Sec. 4). While the bill provides model policies and training, successful implementation will depend on agencies dedicating the necessary resources and attention to these new requirements.