,,ii #aahth ,,congress #b;d ,session ,s4 #edgg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aa1 #bjbd,mr4 ,ossoff 7for himself and ,mr4 ,kennedy7 introduced the following bill2 which was read twice and 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 ,eighth ,amendment and ,due ,process ,clause of the #adth ,amendment to the ,constitution of the ,united ,states4 7#b7 ,the lack of a national standard governing notification of death1 illness1 and injury that occur in prisons1 jails1 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 #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 individuals for violations or alleged violations of criminal or civil law4 7#c7 ,in the custody of a detention agency ,the term in the custody of a detention agency means an individual who1 after being detained and booked into a jail or holding facility for a ,federal1 ,state1 or local offense-- 7,a7 is physically housed at a jail1 prison1 boot camp prison1 contract correctional facility1 community correctional facility1 halfway house1 or other correctional facility 7including any juvenile detention facility72 or 7,b7 has been or is being transferred to a medical facility from a correctional facility4 #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 the 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 ,the policies and procedures described in subsection 7a7 shall include best practices that address the following3 7#a7 ,emergency contact information ,in the case of an individual who is in the custody of a detention agency1 the detention agency shall obtain1 to the greatest extent practicable-- 7,a7 the name1 last known address1 telephone number1 and email of any individual or individuals who-- 7i7 shall be notified in the event of the death or serious illness or serious injury1 of the individual in custody2 and 7ii7 are authorized to receive the body and personal effects of the individual in custody2 7,b7 whether the individual in custody would like a faith leader to participate in the notification process and1 if so1 of what denomination2 and 7,c7 whether the individual has in place a medical proxy decision maker or medical power of attorney1 advanced directive1 or do not resuscitate order1 and the name and contact information of the individual or individuals holding such authorities4 7#b7 ,notification requirements for death1 serious illness1 and serious injury while in custody 7,a7 ,notification of death in custody ,in the event an individual dies while in the custody of the detention agency1 the detention agency shall notify the emergency contact of the individual not later than #ab hours after the declaration of death and between the hours of #f3jj a4m4 and to midnight local time4 ,such notification shall include information about the circumstances surrounding the death1 including the official time of death1 the cause of death1 and whether the death is under investigation1 including the reason for opening the investigation4 7,b7 ,notification of serious illness or serious injury ,in the event an individual becomes seriously ill or seriously injured while in the custody of a detention agency1 the detention agency shall attempt to notify the emergency contact of the individual as soon as practicable after the serious injury or serious illness occurs4 ,such notification shall include information about the serious illness or injury1 including the cause and nature of the serious injury or serious illness event1 whether the individual is incapacitated1 unconscious1 or unable to speak1 whether any medical procedures or life-saving measures were1 or will be1 performed in response to the incident1 and the contact information of the facility and provider of medical treatment4 7#c7 ,compassionate and professional notification ,the policies and procedures described in subsection 7a7 shall include best practices to provide notification of death1 serious illness1 or serious injury in custody in a compassionate and professional manner to minimize confusion and trauma suffered by the next of kin or other emergency contact4 ,the best practices shall address the manner of notification1 including-- 7,a7 providing notification by an individual trained in notification best practices2 7,b7 if notification occurs in person1 providing the next of kin or other emergency contact a point of contact at the detention facility2 and 7,c7 providing notification of a death in custody via a telephone or in-person conversation1 immediately followed by a written letter of condolence that advises the person of the circumstances of the death1 and providing a description of what information can and cannot be provided over voicemail4 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 situations where-- 7,a7 without immediate treatment for the condition1 death is imminent2 7,b7 admission to a hospital is required2 7,c7 an individual attempted suicide2 7,d7 an individual is unconscious or incapacitated such that they are incapable of providing consent for medical treatment2 and 7,e7 an individual has been diagnosed with a terminal illness4 7#e7 ,emergency contact form ,the policies and procedures described in subsection 7a7 shall include a template form for detention agencies to record the emergency contact information for inclusion in the custodial record of the individual4 7#f7 ,additional best practices ,the policies and practices described in subsection 7a7 shall include best practices to-- 7,a7 permit individuals in custody to modify their emergency contact information as needed2 7,b7 provide individuals in custody the opportunity 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 detention2 7,c7 return the belongings and remains of the individual to the emergency contact1 if desired2 7,d7 document and maintain within the custodial record of the individual each notification attempt performed pursuant to this ,act by the detention agency2 7,e7 provide the emergency contact meaningful opportunity to visit with a seriously ill or seriously injured individual in custody and to communicate with the medical staff caring for that individual2 7,f7 provide the individual in custody information about the purpose and permissible uses of the emergency contact information provided pursuant to this section2 and 7,g7 in the event of a death in custody1 notify the emergency contact if an autopsy is going to be performed and the procedures for obtaining an autopsy report4 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 website of the detention agency and made accessible to individuals in the custody of the detention agency 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 associations1 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-- 7,a7 publish on the website of the ,office of ,justice ,programs the policies and procedures described in subsection 7b72 and 7,b7 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 the custody of a detention agency of the ,department of ,justice4 7#c7 ,intergovernmental service contracts and agreements ,any ,department of ,justice detention agency1 including the ,united ,states ,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 procedures as described in subsection 7b77#b7 as a condition of such contract or contract renewal4 7#d7 ,department of justice to monitor compliance with notification and communication requirements ,the ,attorney ,general shall appoint an individual within the ,department of ,justice with the authority to receive and investigate complaints regarding the failure to provide-- 7,a7 the notifications required under this ,act1 including inadequate notifications2 and 7,b7 opportunities for communication and visitation in accordance with this ,act4 7e7 ,voluntary collection ,a detention agency may not-- 7#a7 attempt to persuade or coerce an individual in the custody of a detention agency to provide the information described in subsection 7a72 or 7#b7 impose any penalty1 fine1 or fee on the individual for-- 7,a7 the failure or refusal of the individual to provide the information requested2 or 7,b7 providing information that is later determined to be inaccurate4 #e4 ,rules of construction ,nothing in this ,act may be construed to-- 7#a7 create any legal or financial obligation on the part of any individual designated as a next of kin or other emergency contact under this ,act2 7#b7 require the individual in the custody of a detention agency to provide the emergency contact information described in section #d7;a72 or 7#c7 create a private right of action to enforce any provision of this ,act4