,i #aaeth ,,congress #ast ,session ,h4 ,r4 #baae ,,in ,,the ,,house ,,of ,,representatives ,april #bd1 #bjag,ms4 ,bass 7for herself and ,mr4 ,richmond7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to encourage ,state1 local and tribal jurisdictions to implement and enforce appropriate and time-sensitive procedures to notify the next-of-kin or designated person upon the death or life-threatening emergency of an individual who is in the custody of law enforcement4 #a4 ,short title ,this ,act may be cited as the ,family ,notification of ,death in ,custody or ,life-,threatening ,emergency ,act of #bjag or the ,wakiesha's ,law4 #b4 ,purpose ,to encourage ,state1 local and tribal jurisdictions to implement and enforce appropriate and time-sensitive procedures to notify the next-of-kin or designated person upon the death or life-threatening emergency of an individual who is in the custody of law enforcement4 #c4 ,compliance and ineligibility 7a7 ,compliance 7#a7 ,federal law enforcement agencies ,each ,federal law enforcement agency shall take such actions as may be necessary to ensure compliance with the requirements of sections #d and #e4 7#b7 ,states and localities ,for purposes of this section1 a ,state or unit of local government is a noncompliant jurisdiction if that ,state or unit of local government does not establish1 implement1 or enforce a law1 policy1 or procedure to ensure compliance with the requirements of sections #d and #e4 7b7 ,reduction of grant funds ,for each fiscal year beginning after the date of enactment of this ,act1 a ,state shall be subject to a #aj-percent reduction of the funds that would otherwise be allocated for the fiscal year to the ,state under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq471 whether characterized as the ,edward ,byrne ,memorial ,state and ,local ,law ,enforcement ,assistance ,programs1 the ,local ,government ,law ,enforcement ,block ,grants ,program1 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program1 or otherwise1 if during the prior fiscal year-- 7#a7 the ,state was a noncompliant jurisdiction2 or 7#b7 a unit of local government was a noncompliant jurisdiction4 7c7 ,reallocation of funds ,amounts not allocated accordingly to a ,state for failure to fully comply with this ,act shall be reallocated under that program to ,states that have complied with this ,act4 #d4 ,information required upon arrest or detention 7a7 ,in general ,in the case of an individual taken into the custody of a law enforcement agency1 the agency shall1 at the time of taking custody1 including during an arrest1 during or prior to booking or intake screening as a new commitment1 in transfer from another institution1 as a court return1 as a return from a writ1 or as a holdover1 obtain basic identification information for the individual1 including his or her name1 date of birth1 and last known address1 as well as ensuring that the information is accurate and complete4 ,the individual may not be placed into any correctional institution prior to the acquisition and confirmation of such information4 7b7 ,emergency notification information ,the receiving institution or agency shall also obtain the name1 relationship1 and contact information1 including mailing address and one or more phone numbers1 of at least one person or next-of-kin to be notified in case of death or emergency4 ,in all instances where counsel has entered appearance on the record as a representative for the individual1 the attorney listed shall by default be listed as the designated emergency contact4 ,the attorney contact shall be provided in addition to the contact or contacts provided by the individual4 7c7 ,no use in proceedings ,under no circumstances may any information obtained for the purpose of identifying a next-of-kin or designated emergency contact be used in any criminal1 civil or investigative proceeding against the individual4 #e4 ,notification by law enforcement of family with regard to death or life-threatening emergency occurring to individual in custody 7a7 ,death notification minimum standards ,in the case of an individual who dies while in the custody of a law enforcement agency3 7#a7 ,written notification plan ,a law enforcement agency shall have a written notification plan in place identifying all designated staff members who are authorized1 trained and prepared to deliver notification of death to the next-of-kin or designated contact in a professional and compassionate manner4 7#b7 ,timeframe for notification ,in the event an individual dies while in the custody of law enforcement1 such notification shall be delivered not later than #c hours after the declaration of death4 7#c7 ,manner of notification ,to minimize confusion and trauma suffered by the family or designated contact of the deceased1 reasonable efforts may be taken when practical to ensure that notification is provided in-person and in a private setting4 7#d7 ,information required ,such notification shall include the official time of death1 the cause of death 7if determined7 and all pertinent circumstances surrounding the death1 including whether the individual's death is under investigation and the reason for opening an investigation4 7#e7 ,documentation of attempts ,all notification attempts shall be documented and maintained within the custodial record1 including-- 7,a7 the staff name and corresponding agency or department contact information for all those responsible for carrying out the notification2 7,b7 the date and time of successful and unsuccessful contacts2 7,c7 the names and contacts to which attempts were made1 and any reason for failed or unsuccessful contact2 and 7,d7 any incidents of unclaimed or rejected claims for the body or property of the deceased1 including a detailed description of where any unclaimed bodies and property have been disposed of4 7b7 ,autopsy notifications ,in the case of an individual who dies while in the custody of a law enforcement agency1 if an autopsy of that individual is required3 7#a7 ,notification ,the next-of-kin or designated contacts shall be informed immediately upon any determination that an autopsy shall be performed1 and such notification shall include the reason that the autopsy is being performed4 7#b7 ,results reported ,a copy of the autopsy report and results shall be made available to the next-of-kin or designated contact immediately upon completion4 7#c7 ,independent autopsy ,the ,state and the next of kin shall have the opportunity to perform a separate autopsy4 7c7 ,life-,threatening emergency notification minimum standards ,in the case of any life-threatening event occurring to an individual in the custody of a law enforcement agency3 7#a7 ,written notification plan ,a law enforcement agency shall have a written notification plan in place identifying all designated staff members who are authorized1 trained and prepared to deliver notification of a life-threatening event to the next-of-kin or designated contact in a professional and compassionate manner4 7#b7 ,timeframe for notification ,notice to the designated emergency contact shall be made as soon as practicable after the life-threatening event occurs1 and1 where practicable without delaying treatment1 prior to any required medical procedure1 but in any event1 not later than any medical discharge or clearance4 7#c7 ,manner of notification ,to minimize confusion and trauma suffered by the family or designated contact of the individual who has suffered a life-threatening event1 reasonable efforts may be taken when practical to ensure that notification is made in-person and in a private setting4 7#d7 ,information required ,such notification shall include details of the life-threatening event1 including-- 7,a7 whether the individual is incapacitated1 unconscious1 or unable to speak2 7,b7 the cause and nature of the life-threatening event2 7,c7 whether any medical procedures or life-saving measures were performed in response to the life-threatening event2 and 7,d7 whether any medical followup is recommended and the nature of the recommended followup4 7#e7 ,documentation of attempts ,all notification attempts shall be documented and maintained within the custodial record1 including-- 7,a7 the staff name and corresponding agency or department contact information for all those responsible for carrying out the notification2 7,b7 the date and time of successful and unsuccessful contacts2 and 7,c7 the names and contacts to which attempts were made1 and any reason for failed or unsuccessful contact4 #f4 ,report to attorney general ,section #b7;b7 of the ,death in ,custody ,reporting ,act of #bjac 7#db ,u4,s4,c4 #acgbg7;b77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting a semicolon2 and 7#c7 by inserting after paragraph 7#d7 the following3 7#e7 the date and time notification of death was provided to the next of kin or designated contact2 7#f7 the date and time of each unsuccessful notification attempt was made2 and 7#g7 a detailed description of where any unclaimed bodies and property have been disposed of1 including the amount of time lapsed prior to taking such action4 4 #g4 ,definitions ,in this ,act3 7#a7 ,in custody of a law enforcement agency ,the term in the custody of a law enforcement agency means1 with regard to an individual1 that the individual is detained1 under arrest1 or is in the process of being arrested1 is en route to be incarcerated1 or is incarcerated at a municipal or county jail1 ,state prison1 ,state-run boot camp prison1 boot camp prison that is contracted out by the ,state1 any ,state or local contract facility1 or other local1 tribal or ,state correctional facility1 including a juvenile facility or a medical or mental health facility4 7#b7 ,custodial record ,the term custodial record means the central file of an individual in custody4 7#c7 ,juvenile facility ,the term juvenile facility includes juvenile or youth detention center1 placement facility1 group home or other ,state1 private or contracted unit maintaining the custody of a youth under court order or law enforcement action4 7#d7 ,life-threatening ,the term life-threatening event means a medical event1 episode1 condition1 or accident-- 7,a7 where1 without immediate treatment for the condition1 death is eminent2 7,b7 where hospitalization is required because of a serious1 life-threatening medical or surgical condition that requires immediate treatment2 or 7,c7 where an individual is unconscious or incapacitated such that they are incapable of providing consent for medical treatment4