I 
117TH CONGRESS 
1ST SESSION H. R. 6296 
To establish Federal policies and procedures to notify the next-of-kin or 
other emergency contact upon the death, or serious illness or serious 
injury, of an individual in Federal custody, to provide model policies 
for States, units of local government, and Indian Tribes to implement 
and enforce similar policies and procedures, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2021 
Ms. BASS (for herself, Ms. MACE, Mr. RASKIN, Mr. BACON, Mr. TRONE, Ms. 
NORTON, Mr. BUTTERFIELD, Ms. PRESSLEY, Mr. BROWN of Maryland, 
Mr. BOWMAN, Mr. LIEU, Mr. NEGUSE, Mr. JONES, Mr. RUSH, and Ms. 
ROYBAL-ALLARD) introduced the following bill; 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 death, 
or serious illness or serious injury, of an individual in 
Federal custody, to provide model policies for States, 
units of local government, and Indian Tribes to imple-
ment and enforce similar policies and procedures, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Family Notification 
of Death, Injury, or Illness in Custody Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) In the event an individual dies or becomes 
seriously ill or injured while being detained, ar-
rested, or while in law enforcement custody, their 
family members deserve to be notified in a timely 
and compassionate manner. Such notification is nec-
essary to uphold the basic human dignity of incar-
cerated people, a concept rooted in the Eighteenth 
Amendment and Due Process Clause of the Four-
teenth Amendment. 
(2) The lack of a national standard governing 
notification of death, illness, and injury that occur 
in prisons, jails and police custody can lead to inhu-
mane treatment of incarcerated people and their 
loved ones. Poor communication regarding the death 
of a loved one may exacerbate the grief and other 
physical and psychological reactions of surviving rel-
atives. 
(3) On Easter Sunday of 2016, Wakiesha Wil-
son was found dead in her cell in the Los Angeles 
Police Department’s Metropolitan Detention Center. 
Her mother called the police to determine Ms. Wil-
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son’s whereabouts but was not initially given any in-
formation. It was not until March 30, 3 days later, 
when Ms. Wilson’s mother was told to call the cor-
oner that she learned her daughter had died. 
(4) In Georgia, Jennifer Bradley testified before 
the General Assembly in September 2021 that she is 
still waiting for answers about the stabbing death of 
her 23-year-old son at Macon State Prison in March 
2020. She told the committee that it was an incar-
cerated person, not a prison official, who first noti-
fied her of her son’s death. As of the hearing, she 
had not yet received his belongings. 
(5) Jordan Fisher found out about the death of 
her father, Thomas Willis, at Valdosta State Prison 
in Georgia when a letter she had sent her father was 
returned back to her stamped: ‘‘Return to sender: 
inmate dead’’. She was unable to obtain further in-
formation about her father’s death from prison offi-
cials. What information she uncovered came from 
letters from her father’s cellmate. 
(6) Sara Roth did not receive notice from the 
Clayton County Jail in Georgia that her mother, Re-
gina Salman, had fallen and suffered serious inju-
ries, including a collapsed lung that required hos-
pitalization. When her mother’s longtime boyfriend 
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and State prisons since the Bureau of Justice Sta-
tistics (BJS) started collecting mortality data. 
(9) The spread of COVID–19 behind bars sig-
nificantly increased the death toll of people in cus-
tody. At least 2,700 people are estimated to have 
died of COVID–19 in prisons, jails and detention 
centers, and the COVID–19 death rate in State and 
Federal prisons between April 2020 and April 2021 
was more than double that of the general population. 
This is likely a significant undercount, given uneven 
and inconsistent reporting. In some instances, people 
are released from local jails to die in hospitals, 
whether of COVID–19 or other causes, and their 
deaths are not recorded as a death in custody. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) CUSTODIAL RECORD.—The term ‘‘custodial 
record’’ means the central file of an individual in 
custody. 
(2) DETENTION AGENCY.—The term ‘‘detention 
agency’’ means any government agency, including a 
law enforcement agency or correctional agency, that 
has the authority to detain people for violations or 
alleged violations of criminal or civil law. 
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(3) IN CUSTODY OF A DETENTION AGENCY.— 
The term ‘‘in the custody of a detention agency’’ in-
cludes, but is not limited to, a person who is de-
tained, under arrest, or is in the process of being ar-
rested, is en route to be incarcerated, or is incarcer-
ated at a jail, prison, boot camp prison, contract cor-
rectional facility, community correctional facility, or 
other correctional facility (including any juvenile de-
tention facility). 
(4) TAKING CUSTODY.—The term ‘‘taking cus-
tody’’ means the point at which the detention agency 
takes custody or control of an individual, including 
during or prior to booking or intake screening as a 
new commitment, in transfer from another institu-
tion, as a court return, as a return from a writ, or 
as a holdover. 
SEC. 4. EMERGENCY CONTACT NOTIFICATION POLICIES 
AND PROCEDURES. 
(a) EMERGENCY CONTACT NOTIFICATION POLICIES 
AND PROCEDURES.—Not later than 1 year after the date 
of enactment of this Act, the Attorney General shall, con-
sistent with the requirements in this section— 
(1) implement policies and procedures for the 
detention agencies of the Department of Justice to 
notify the next-of-kin or other emergency contact in 
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the event of the death, or serious illness or serious 
injury, of an individual in the custody of a detention 
agency of the Department of Justice; and 
(2) develop and distribute model policies and 
procedures for detention agencies of States, terri-
tories of the United States, Tribes, and units of 
local government to notify the next-of-kin or other 
emergency contact in the event of the death, or seri-
ous illness or serious injury, of an individual in the 
custody of that detention agency, and provide assist-
ance to such detention agencies so that the agencies 
may implement such procedures or substantially 
similar processes. 
(b) CONTENTS OF EMERGENCY CONTACT NOTIFICA-
TION POLICIES AND PROCEDURES.— 
(1) EMERGENCY CONTACT INFORMATION.—The 
policies and procedures described in subsection (a) 
shall address the collection and use of emergency 
contact information for individuals in custody, in-
cluding the following: 
(A) EMERGENCY
CONTACT
INFORMATION 
REQUESTED UPON TAKING CUSTODY.—In the 
case of an individual taken into the custody of 
a detention agency, the agency shall, at the 
time of taking custody, ask the individual— 
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(i) for the name, last known address, 
telephone number, 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 injury, and 
who are authorized to receive the individ-
ual’s body; 
(ii) the order in which the individual 
in custody prefers the emergency contacts 
described in clause (i) to be notified; 
(iii) whether the individual in custody 
would like a faith leader to participate in 
such notification process and, if so, of 
what denomination; and 
(iv) whether the individual has in 
place a medical proxy decision maker or 
medical power of attorney, advanced direc-
tive, or do not resuscitate order. 
(B) EMERGENCY CONTACT LIST MODIFICA-
TION.—The detention agency shall permit an 
individual in custody to modify their emergency 
contact information at any time and provide a 
periodic opportunity, but not less than annually, 
for individuals in custody to update their emer-
gency contact information and to fill out a med-
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ical power of attorney, health care proxy, ad-
vanced directive, a do not resuscitate order, or 
any other similar document that complies with 
the State law in the location of detention. 
(C) DISCLOSURE OF PURPOSE AND PER-
MISSIBLE USES OF EMERGENCY CONTACT IN-
FORMATION.—The detention agency shall pro-
vide the individual in custody information about 
the purpose and permissible uses of the emer-
gency contact information provided pursuant to 
this section. 
(D) STANDARDIZED EMERGENCY CONTACT 
FORM.—The policies and procedures described 
in subsection (a) shall include a template form 
for recording the individual in custody’s next-of- 
kin or other emergency contact and other infor-
mation under subsection (b)(1)(A). 
(E) CUSTODIAL RECORD.—The detention 
agency shall record the individual’s next-of-kin 
or other emergency contact information on the 
form described in subparagraph (D) and in-
clude that form in the individual’s custodial 
record. 
(2) NOTIFICATION REQUIREMENTS FOR DEATH, 
SERIOUS ILLNESS, AND SERIOUS INJURY WHILE IN 
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CUSTODY.—The policies and procedures described in 
subsection (a) shall describe the notification require-
ments in the event an individual dies, is seriously in-
jured or becomes seriously ill while in the custody of 
a detention agency, including the following: 
(A) NOTIFICATION TIMEFRAME.— 
(i) NOTIFICATION OF DEATH.—In the 
event an individual dies while in the cus-
tody of the detention agency, the detention 
agency shall notify the individual’s emer-
gency contact not later than 12 hours after 
the declaration of death and between the 
hours of 6:00 a.m. and to midnight local 
time. 
(ii) NOTIFICATION OF SERIOUS ILL-
NESS 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 occurs, 
but in any event not later than 48 hours 
from such determination and between the 
hours of 6:00 a.m. and to midnight local 
time. The notification should occur prior to 
any required medical procedure, where 
practical and if such timeframe will not 
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delay treatment, but in any event, not later 
than any medical discharge or clearance. 
(B) DEATH
NOTIFICATION
INFORMATION 
REQUIRED.— 
(i) IN
GENERAL.—Such notification 
shall include all pertinent circumstances 
surrounding the death, including— 
(I) the official time of death; 
(II) the cause of death (if deter-
mined); and 
(III) whether the individual’s 
death is under investigation and the 
reason for opening an investigation. 
(ii) NO
CAUSE
OF
DEATH
DETER-
MINED.—If the cause of death has not 
been determined at the time of the notifi-
cation, the detention agency shall follow up 
with the individual’s emergency contact 
once such a determination has been made 
to provide that information within 24 
hours of such determination. 
(C) SERIOUS ILLNESS OR SERIOUS INJURY 
NOTIFICATION INFORMATION REQUIRED.—Such 
notification shall include pertinent details of the 
serious injury or serious illness, including— 
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(i) the cause and nature of the serious 
injury or serious illness event; 
(ii) whether the individual is incapaci-
tated, unconscious, or unable to speak; 
(iii) whether any medical procedures 
or lifesaving measures were, or will be, per-
formed in response to the incident; and 
(iv) contact information of the facility 
and provider that is providing medical 
treatment. 
(D) DEFINITION OF SERIOUS ILLNESS OR 
SERIOUS INJURY.—The policies and procedures 
described in subsection (a) shall define when a 
medical event, episode, condition, accident, or 
other incident constitutes a serious illness or se-
rious injury. In defining such term, the Attor-
ney General shall require notification in at least 
in cases in which— 
(i) without immediate treatment for 
the condition, death is imminent; 
(ii) admission to a hospital is re-
quired; 
(iii) an individual is unconscious or in-
capacitated such that they are incapable of 
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providing consent for medical treatment; 
and 
(iv) an individual has been diagnosed 
with a terminal illness. 
(E) ADDITIONAL REQUIREMENTS RELATED 
TO
NOTIFICATION.—The policies and proce-
dures described in subsection (a) shall include 
the following: 
(i) COMPASSIONATE
AND
PROFES-
SIONAL
NOTIFICATION.—Standards 
for 
providing notification in a compassionate 
and professional manger to minimize con-
fusion and trauma suffered by the next-of- 
kin or other emergency contact, includ-
ing— 
(I) a description of what informa-
tion cannot be included in a voicemail, 
such as notification of death or seri-
ous illness; 
(II) an offer for an in-person or 
virtual face-to-face meeting in the 
event a notification of a death in cus-
tody is provided to the emergency con-
tact during a live conversation over 
the phone; and 
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(III) a requirement that notifica-
tions are provided in a private setting 
and, when practicable, in person and 
by a mental health professional, des-
ignated case worker, or chaplain 
trained in notification best practices. 
(3) NOTIFICATION OPT OUT.—Standards to en-
sure that notifications should not occur where the 
individual is advised of their right to notification and 
instructs the agency not to do so, or where they re-
quest the opportunity to provide such notification 
personally, in which case the detention agency shall 
provide an opportunity for the individual to deliver 
such notification within the time period identified 
above. 
(4) BELONGINGS
AND
REMAINS.—Standards 
for handling the belongings and remains of an indi-
vidual who died in custody, including— 
(A) returning the individual’s belongings 
and remains, if desired, to the next-of-kin or 
other emergency contact and providing at least 
7 days for the emergency contact to make a de-
cision as to the disposition of the belongings 
and remains; 
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(B) 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 inves-
tigations not available at the time of the initial 
notification; and 
(C) documenting and maintaining within 
the individual’s custodial record any incident of 
unclaimed or a rejected claim for the body or 
property of the deceased, including a detailed 
description of where any unclaimed body and 
property have been disposed. 
(5) DOCUMENTATION OF ATTEMPTS.—Require-
ments that each notification attempt shall be docu-
mented and maintained within the custodial record, 
including— 
(A) the staff name and corresponding 
agency or department contact information for 
each individual responsible for carrying out the 
notification; 
(B) the date and time of each successful 
and unsuccessful contact; and 
(C) the name and contact information to 
which each attempt was made, and any reason 
for failed or unsuccessful contact. 
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(6) ADDITIONAL PROCEDURES IN THE EVENT 
OF SERIOUS ILLNESS OR INJURY.—Standards to en-
sure that detention agencies— 
(A) implement medical proxy decision 
maker or medical power of attorney, advanced 
directive, or ‘‘do not resuscitate’’ orders; 
(B) provide meaningful opportunity for 
communication between the emergency contact 
and medical staff caring for an individual in 
custody; 
(C) ensure emergency contacts are given 
the meaningful opportunity to visit with a seri-
ously ill or seriously injured individual in cus-
tody, with the opportunity for in-person visita-
tion when practicable; and 
(D) provide information about an individ-
ual’s emergency contact at to an outside hos-
pital facility, and allow the hospital to follow its 
established bylaws concerning communication 
with next-of-kin or other emergency contacts. 
(7) AUTOPSY
NOTIFICATIONS.—Requirements 
that, in the event an autopsy is performed following 
a death in custody— 
(A) the next-of-kin or other emergency 
contact shall be informed not later than 12 
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hours after any determination that an autopsy 
shall be performed and given the option to re-
ceive the results of the autopsy described in 
subparagraph (B). Such notification shall in-
clude the reason that the autopsy is being per-
formed and the procedures by which the next- 
of-kin or other emergency contact can obtain 
the autopsy report; and 
(B) pursuant to subparagraph (A), a copy 
of the autopsy report and results shall be made 
available to the next-of-kin or emergency con-
tact upon completion. 
(c) WRITTEN NOTIFICATION PLAN.—The policies 
and procedures described in subsection (a) shall instruct 
detention agencies to develop a written notification plan, 
or revise an existing written notification plan, that pro-
vides for notification of a death, serious illness, or serious 
injury of an individual in custody that conforms with the 
policies described in subsection (b). Such written notifica-
tion 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 information, 
manuals, or other materials distributed or made available 
to individuals upon being taken into custody. 
(d) ADDITIONAL REQUIREMENTS.— 
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(1) DOJ SUPPORT OF STATE AND LOCAL IM-
PLEMENTATION OF MODEL POLICIES.—To support 
implementation of the model policies and procedures 
described in subsection (a)(2), the Attorney General 
shall provide ongoing online training and directed 
outreach to law enforcement, prosecution and de-
fense agencies through national and State member-
ship associations and by other means. 
(2) PUBLICATION
OF
EMERGENCY
CONTACT 
POLICIES
AND
PROCEDURES.—The Attorney Gen-
eral, acting through the Assistant Attorney General 
of the Office of Justice Programs, shall publish the 
policies and procedures described in subsection (b) 
on its website and shall include a copy of the proce-
dures described subsection (b)(1) in any intake in-
formation, manuals, or other materials distributed 
or made available to individuals upon being taken 
into custody of a detention agency of the Depart-
ment of Justice. 
(3) 
INTERGOVERNMENTAL
SERVICE
CON-
TRACTS.—Any Department of Justice detention 
agency, including the U.S. Marshals Service, that 
contracts with State, municipality, Tribal, private, or 
other entities to house individuals in custody shall 
require adoption of the procedures or substantially 
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similar processes as described in subsection (b)(2) as 
a condition of such contract or contract renewal as 
soon as practicable but not later than 7 days of tak-
ing the individual into custody. 
(4) DEPARTMENT OF JUSTICE OFFICE OF IN-
SPECTOR GENERAL TO MONITOR COMPLIANCE WITH 
NOTIFICATION
AND
COMMUNICATION
REQUIRE-
MENTS.—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 re-
quired in the Act, and inadequate notifications, and 
the failure to provide opportunities for communica-
tion and visitation in accordance with this Act. 
(e) CONFIDENTIALITY.—Information collected under 
this Act by a detention agency, or any agent working on 
behalf of such detention agency, may not be disclosed or 
used for any purpose except as provided in this Act. 
(f) VOLUNTARY COLLECTION.— 
(1) RULE OF CONSTRUCTION.—Nothing in this 
Act shall be construed to require the individual in 
custody to provide the emergency contact informa-
tion described in subsection (a). 
(2) NO COERCION.—The detention agency may 
not— 
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(A) attempt to coerce or persuade the indi-
vidual in custody to provide the information de-
scribed in subsection (a); or 
(B) impose a penalty, fine, or fee on the 
individual for the individual’s failure or refusal 
to provide the information requested or for pro-
viding information that is later determined to 
be inaccurate. 
(g) INADMISSIBILITY.—No information disclosed or 
used in violation of this Act may be admitted into any 
State, Federal, or other court as evidence or for any other 
purpose, except in the case of information that has been 
discovered through any independent means. 
SEC. 5. 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 Act. 
Æ 
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