,i #aahth ,,congress #b;d ,session ,h4 ,r4 #ajcfg ,,in ,,the ,,house ,,of ,,representatives ,december #aa1 #bjbd,ms4 ,kamlager-,dove 7for herself1 ,ms4 ,mace1 ,mr4 ,trone1 and ,ms4 ,norton7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to establish ,federal policies and procedures to notify the next-of-kin or other emergency contact upon the death1 or serious illness or serious injury1 of an individual in ,federal custody1 to provide model policies for ,states1 units of local government1 and ,indian ,tribes to implement and enforce similar policies and procedures1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,family ,notification of ,death1 ,injury1 or ,illness in ,custody ,act of #bjbd4 #b4 ,findings ,congress finds the following3 7#a7 ,in the event an individual dies or becomes seriously ill or injured while being detained1 arrested1 or while in law enforcement custody1 their family members deserve to be notified in a timely and compassionate manner4 ,such notification is necessary to uphold the basic human dignity of incarcerated people1 a concept rooted in the ,eighteenth ,amendment and ,due ,process ,clause of the ,fourteenth ,amendment4 7#b7 ,the lack of a national standard governing notification of death1 illness1 and injury that occur in prisons1 jails and police custody can lead to inhumane treatment of incarcerated people and their loved ones4 ,poor communication regarding the death of a loved one may exacerbate the grief and other physical and psychological reactions of surviving relatives4 7#c7 ,on ,easter ,sunday of #bjaf1 ,wakiesha ,wilson was found dead in her cell in the ,los ,angeles ,police ,department's ,metropolitan ,detention ,center4 ,her mother called the police to determine ,ms4 ,wilson's whereabouts but was not initially given any information4 ,it was not until ,march #cj1 #c days later1 when ,ms4 ,wilson's mother was told to call the coroner that she learned her daughter had died4 7#d7 ,in ,georgia1 ,jennifer ,bradley testified before the ,general ,assembly in ,september #bjba that she is still waiting for answers about the stabbing death of her #bc-year-old son at ,macon ,state ,prison in ,march #bjbj4 ,she told the committee that it was an incarcerated person1 not a prison official1 who first notified her of her son's death4 ,as of the hearing1 she had not yet received his belongings4 7#e7 ,jordan ,fisher found out about the death of her father1 ,thomas ,willis1 at ,valdosta ,state ,prison in ,georgia when a letter she had sent her father was returned back to her stamped3 ,return to sender3 inmate dead4 ,she was unable to obtain further information about her father's death from prison officials4 ,what information she uncovered came from letters from her father's cellmate4 7#f7 ,sara ,roth did not receive notice from the ,clayton ,county ,jail in ,georgia that her mother1 ,regina ,salman1 had fallen and suffered serious injuries1 including a collapsed lung that required hospitalization4 ,when her mother's longtime boyfriend went to visit the jail1 he was told ,ms4 ,salman was no longer there but was not provided additional information4 ,more than a month later1 the hospital called ,ms4 ,roth and informed her that her mother was on a ventilator and dying of a severe brain tumor4 ,her mother was taken off the ventilator #c days later without ever regaining consciousness4 7#g7 ,the failure to release autopsy results can prevent families and loved ones from seeking justice for wrongful deaths4 ,after ,harvey ,hill was arrested for trespassing and booked into jail in ,canton1 ,mississippi1 guards beat him severely and kicked him repeatedly in the head4 ,mr4 ,hill died in an isolation cell4 ,the ,state medical examiner's report recorded his death as a homicide1 but it was not released until #be months after his death and #ac months after the statute of limitations expired for assault4 7#h7 ,in recent years1 deaths in custody have reached the highest levels on record4 ,in #bjah1 two years prior to the rapid spread of ,,covid-#ai behind bars1 at least #a1abj people died while detained in local jails and #d1eac people died in the custody of ,state and ,federal prisons4 ,this represented an all-time high in the number of deaths in both local jails and ,state prisons since the ,bureau of ,justice ,statistics 7,,bjs7 started collecting mortality data4 7#i7 ,the spread of ,,covid-#ai behind bars significantly increased the death toll of people in custody4 ,at least #b1gjj people are estimated to have died of ,,covid-#ai in prisons1 jails and detention centers1 and the ,,covid-#ai death rate in ,state and ,federal prisons between ,april #bjbj and ,april #bjba was more than double that of the general population4 ,this is likely a significant undercount1 given uneven and inconsistent reporting4 ,in some instances1 people are released from local jails to die in hospitals1 whether of ,,covid-#ai or other causes1 and their deaths are not recorded as a death in custody4 #c4 ,definitions ,in this ,act3 7#a7 ,custodial record ,the term custodial record means the central file of an individual in custody4 7#b7 ,detention agency ,the term detention agency means any government agency1 including a law enforcement agency or correctional agency1 that has the authority to detain people for violations or alleged violations of criminal or civil law4 7#c7 ,in custody of a detention agency ,the term in the custody of a detention agency includes1 but is not limited to1 a person who is detained1 under arrest1 or is in the process of being arrested1 is en route to be incarcerated1 or is incarcerated at a jail1 prison1 boot camp prison1 contract correctional facility1 community correctional facility1 or other correctional facility 7including any juvenile detention facility74 7#d7 ,taking custody ,the term taking custody means the point at which the detention agency takes custody or control of an individual1 including 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 holdover4 #d4 ,emergency contact notification policies and procedures 7a7 ,emergency contact notification policies and procedures ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall1 consistent with the requirements in this section-- 7#a7 implement policies and procedures for the detention agencies of the ,department of ,justice to notify the next-of-kin or other emergency contact in the event of the death1 or serious illness or serious injury1 of an individual in the custody of a detention agency of the ,department of ,justice2 and 7#b7 develop and distribute model policies and procedures for detention agencies of ,states1 territories of the ,united ,states1 ,tribes1 and units of local government to notify the next-of-kin or other emergency contact in the event of the death1 or serious illness or serious injury1 of an individual in the custody of that detention agency1 and provide assistance to such detention agencies so that the agencies may implement such procedures or substantially similar processes4 7b7 ,contents of emergency contact notification policies and procedures 7#a7 ,emergency contact information ,the policies and procedures described in subsection 7a7 shall address the collection and use of emergency contact information for individuals in custody1 including the following3 7,a7 ,emergency contact information requested upon taking custody ,in the case of an individual taken into the custody of a detention agency1 the agency shall1 at the time of taking custody1 ask the individual-- 7i7 for the name1 last known address1 telephone number1 and email of any person or persons who shall be notified in the event of the individual in custody's death or serious illness or serious injury1 and who are authorized to receive the individual's body2 7ii7 the order in which the individual in custody prefers the emergency contacts described in clause 7i7 to be notified2 7iii7 whether the individual in custody would like a faith leader to participate in such notification process and1 if so1 of what denomination2 and 7iv7 whether the individual has in place a medical proxy decision maker or medical power of attorney1 advanced directive1 or do not resuscitate order4 7,b7 ,emergency contact list modification ,the detention agency shall permit an individual in custody to modify their emergency contact information at any time and provide a periodic opportunity1 but not less than annually1 for individuals in custody to update their emergency contact information and to fill out a medical power of attorney1 health care proxy1 advanced directive1 a do not resuscitate order1 or any other similar document that complies with the ,state law in the location of detention4 7,c7 ,disclosure of purpose and permissible uses of emergency contact information ,the detention agency shall provide the individual in custody information about the purpose and permissible uses of the emergency contact information provided pursuant to this section4 7,d7 ,standardized emergency contact form ,the policies and procedures described in subsection 7a7 shall include a template form for recording the individual in custody's next-of-kin or other emergency contact and other information under subsection 7b77#a77;,a74 7,e7 ,custodial record ,the detention agency shall record the individual's next-of-kin or other emergency contact information on the form described in subparagraph 7,d7 and include that form in the individual's custodial record4 7#b7 ,notification requirements for death1 serious illness1 and serious injury while in custody ,the policies and procedures described in subsection 7a7 shall describe the notification requirements in the event an individual dies1 is seriously injured or becomes seriously ill while in the custody of a detention agency1 including the following3 7,a7 ,notification timeframe 7i7 ,notification of death ,in the event an individual dies while in the custody of the detention agency1 the detention agency shall notify the individual's emergency contact not later than #ab hours after the declaration of death and between the hours of #f3jj a4m4 and to midnight local time4 7ii7 ,notification of serious illness or serious injury ,notice to the next-of-kin or other emergency contact shall be made as soon as practicable after the serious injury or serious illness occurs1 but in any event not later than #dh hours from such determination and between the hours of #f3jj a4m4 and to midnight local time4 ,the notification should occur prior to any required medical procedure1 where practical and if such timeframe will not delay treatment1 but in any event1 not later than any medical discharge or clearance4 7,b7 ,death notification information required 7i7 ,in general ,such notification shall include all pertinent circumstances surrounding the death1 including-- 7,i7 the official time of death2 7,,ii7 the cause of death 7if determined72 and 7,,iii7 whether the individual's death is under investigation and the reason for opening an investigation4 7ii7 ,no cause of death determined ,if the cause of death has not been determined at the time of the notification1 the detention agency shall follow up with the individual's emergency contact once such a determination has been made to provide that information within #bd hours of such determination4 7,c7 ,serious illness or serious injury notification information required ,such notification shall include pertinent details of the serious injury or serious illness1 including-- 7i7 the cause and nature of the serious injury or serious illness event2 7ii7 whether the individual is incapacitated1 unconscious1 or unable to speak2 7iii7 whether any medical procedures or lifesaving measures were1 or will be1 performed in response to the incident2 and 7iv7 contact information of the facility and provider that is providing medical treatment4 7,d7 ,definition of serious illness or serious injury ,the policies and procedures described in subsection 7a7 shall define when a medical event1 episode1 condition1 accident1 or other incident constitutes a serious illness or serious injury4 ,in defining such term1 the ,attorney ,general shall require notification in at least in cases in which-- 7i7 without immediate treatment for the condition1 death is imminent2 7ii7 admission to a hospital is required2 7iii7 an individual is unconscious or incapacitated such that they are incapable of providing consent for medical treatment2 and 7iv7 an individual has been diagnosed with a terminal illness4 7,e7 ,additional requirements related to notification ,the policies and procedures described in subsection 7a7 shall include the following3 7i7 ,compassionate and professional notification ,standards for providing notification in a compassionate and professional manger to minimize confusion and trauma suffered by the next-of-kin or other emergency contact1 including-- 7,i7 a description of what information cannot be included in a voicemail1 such as notification of death or serious illness2 7,,ii7 an offer for an in-person or virtual face-to-face meeting in the event a notification of a death in custody is provided to the emergency contact during a live conversation over the phone2 and 7,,iii7 a requirement that notifications are provided in a private setting and1 when practicable1 in person and by a mental health professional1 designated case worker1 or chaplain trained in notification best practices4 7#c7 ,notification opt out ,standards to ensure that notifications should not occur where the individual is advised of their right to notification and instructs the agency not to do so1 or where they request the opportunity to provide such notification personally1 in which case the detention agency shall provide an opportunity for the individual to deliver such notification within the time period identified above4 7#d7 ,belongings and remains ,standards for handling the belongings and remains of an individual who died in custody1 including-- 7,a7 returning the individual's belongings and remains1 if desired1 to the next-of-kin or other emergency contact and providing at least #g days for the emergency contact to make a decision as to the disposition of the belongings and remains2 7,b7 following up with the individual's next-of-kin or other emergency contact in the event of a death in custody with the outcome of any critical incident review or other internal investigations not available at the time of the initial notification2 and 7,c7 documenting and maintaining within the individual's custodial record any incident of unclaimed or a rejected claim for the body or property of the deceased1 including a detailed description of where any unclaimed body and property have been disposed4 7#e7 ,documentation of attempts ,requirements that each notification attempt shall be documented and maintained within the custodial record1 including-- 7,a7 the staff name and corresponding agency or department contact information for each individual responsible for carrying out the notification2 7,b7 the date and time of each successful and unsuccessful contact2 and 7,c7 the name and contact information to which each attempt was made1 and any reason for failed or unsuccessful contact4 7#f7 ,additional procedures in the event of serious illness or injury ,standards to ensure that detention agencies-- 7,a7 implement medical proxy decision maker or medical power of attorney1 advanced directive1 or do not resuscitate orders2 7,b7 provide meaningful opportunity for communication between the emergency contact and medical staff caring for an individual in custody2 7,c7 ensure emergency contacts are given the meaningful opportunity to visit with a seriously ill or seriously injured individual in custody1 with the opportunity for in-person visitation when practicable2 and 7,d7 provide information about an individual's emergency contact at to an outside hospital facility1 and allow the hospital to follow its established bylaws concerning communication with next-of-kin or other emergency contacts4 7#g7 ,autopsy notifications ,requirements that1 in the event an autopsy is performed following a death in custody-- 7,a7 the next-of-kin or other emergency contact shall be informed not later than #ab hours after any determination that an autopsy shall be performed and given the option to receive the results of the autopsy described in subparagraph 7,b74 ,such notification shall include the reason that the autopsy is being performed and the procedures by which the next-of-kin or other emergency contact can obtain the autopsy report2 and 7,b7 pursuant to subparagraph 7,a71 a copy of the autopsy report and results shall be made available to the next-of-kin or emergency contact upon completion4 7c7 ,written notification plan ,the policies and procedures described in subsection 7a7 shall instruct detention agencies to develop a written notification plan1 or revise an existing written notification plan1 that provides for notification of a death1 serious illness1 or serious injury of an individual in custody that conforms with the policies described in subsection 7b74 ,such written notification plans shall be published on the detention agency's website and made accessible to individuals in the agency's custody through inclusion in any intake information1 manuals1 or other materials distributed or made available to individuals upon being taken into custody4 7d7 ,additional requirements 7#a7 ,,doj support of state and local implementation of model policies ,to support implementation of the model policies and procedures described in subsection 7a77#b71 the ,attorney ,general shall provide ongoing online training and directed outreach to law enforcement1 prosecution and defense agencies through national and ,state membership associations and by other means4 7#b7 ,publication of emergency contact policies and procedures ,the ,attorney ,general1 acting through the ,assistant ,attorney ,general of the ,office of ,justice ,programs1 shall publish the policies and procedures described in subsection 7b7 on its website and shall include a copy of the procedures described subsection 7b77#a7 in any intake information1 manuals1 or other materials distributed or made available to individuals upon being taken into custody of a detention agency of the ,department of ,justice4 7#c7 ,intergovernmental service contracts ,any ,department of ,justice detention agency1 including the ,u4,s4 ,marshals ,service1 that contracts with ,state1 municipality1 ,tribal1 private1 or other entities to house individuals in custody shall require adoption of the procedures or substantially similar processes as described in subsection 7b77#b7 as a condition of such contract or contract renewal as soon as practicable but not later than #g days of taking the individual into custody4 7#d7 ,department of justice office of inspector general to monitor compliance with notification and communication requirements ,the ,attorney ,general shall appoint an ,ombudsman within the ,department of ,justice with the authority to receive and investigate complaints regarding the failure to provide the notifications required in the ,act1 and inadequate notifications1 and the failure to provide opportunities for communication and visitation in accordance with this ,act4 7e7 ,confidentiality ,information collected under this ,act by a detention agency1 or any agent working on behalf of such detention agency1 may not be disclosed or used for any purpose except as provided in this ,act4 7f7 ,voluntary collection 7#a7 ,rule of construction ,nothing in this ,act shall be construed to require the individual in custody to provide the emergency contact information described in subsection 7a74 7#b7 ,no coercion ,the detention agency may not-- 7,a7 attempt to coerce or persuade the individual in custody to provide the information described in subsection 7a72 or 7,b7 impose a penalty1 fine1 or fee on the individual for the individual's failure or refusal to provide the information requested or for providing information that is later determined to be inaccurate4 7g7 ,inadmissibility ,no information disclosed or used in violation of this ,act may be admitted into any ,state1 ,federal1 or other court as evidence or for any other purpose1 except in the case of information that has been discovered through any independent means4 #e4 ,rule of construction ,nothing in this ,act may be construed to create any legal or financial obligation on the part of any individual designated as a next-of-kin or other emergency contact under this ,act4