Family Notification of Death, Injury, or Illness in Custody Act of 2021
Bill: H.R.6296 | Sponsor: Rep. Bass, Karen (D-CA)
Policy area: Crime and Law Enforcement

Summary:
Family Notification of Death, Injury, or Illness in Custody Act of 2021
This bill requires the Department of Justice (DOJ) to develop policies and procedures for notifying next-of-kin or other emergency contacts in the event of the death, or serious illness or serious injury, of an individual in custody.
The bill requires DOJ to implement the policies and procedures at its detention agencies. Further, the bill requires DOJ to distribute model policies and procedures to state, territorial, tribal, and local detention agencies.

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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, arrested, or while in law 
        enforcement custody, their family members deserve to be 
        notified in a timely and compassionate manner. Such 
        notification is necessary to uphold the basic human dignity of 
        incarcerated people, a concept rooted in the Eighteenth 
        Amendment and Due Process Clause of the Fourteenth 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 inhumane 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 relatives.
            (3) On Easter Sunday of 2016, Wakiesha Wilson was found 
        dead in her cell in the Los Angeles Police Department's 
        Metropolitan Detention Center. Her mother called the police to 
        determine Ms. Wilson's whereabouts but was not initially given 
        any information. It was not until March 30, 3 days later, when 
        Ms. Wilson's mother was told to call the coroner 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 incarcerated person, not a prison official, who first 
        notified 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 information about her father's death from prison 
        officials. 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, Regina Salman, had 
        fallen and suffered serious injuries, including a collapsed 
        lung that required hospitalization. When her mother's longtime 
        boyfriend went to visit the jail, he was told Ms. Salman was no 
        longer there but was not provided additional information. More 
        than a month later, the hospital called Ms. Roth and informed 
        her that her mother was on a ventilator and dying of a severe 
        brain tumor. Her mother was taken off the ventilator 3 days 
        later without ever regaining consciousness.
            (7) The failure to release autopsy results can prevent 
        families and loved ones from seeking justice for wrongful 
        deaths. After Harvey Hill was arrested for trespassing and 
        booked into jail in Canton, Mississippi, guards beat him 
        severely and kicked him repeatedly in the head. Mr. Hill died 
        in an isolation cell. The State medical examiner's report 
        recorded his death as a homicide, but it was not released until 
        25 months after his death and 13 months after the statute of 
        limitations expired for assault.
            (8) In recent years, deaths in custody have reached the 
        highest levels on record. In 2018, two years prior to the rapid 
        spread of COVID-19 behind bars, at least 1,120 people died 
        while detained in local jails and 4,513 people died in the 
        custody of State and Federal prisons. This represented an all-
        time high in the number of deaths in both local jails and State 
        prisons since the Bureau of Justice Statistics (BJS) started 
        collecting mortality data.
            (9) The spread of COVID-19 behind bars significantly 
        increased the death toll of people in custody. 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.
            (3) In custody of a detention agency.--The term ``in the 
        custody of a detention agency'' includes, but is not limited 
        to, a person who is detained, under arrest, or is in the 
        process of being arrested, is en route to be incarcerated, or 
        is incarcerated at a jail, prison, boot camp prison, contract 
        correctional facility, community correctional facility, or 
        other correctional facility (including any juvenile detention 
        facility).
            (4) Taking custody.--The term ``taking custody'' 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 
        institution, 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, consistent 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 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, territories 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 serious illness or serious injury, of an individual 
        in the custody of that detention agency, and provide assistance 
        to such detention agencies so that the agencies may implement 
        such procedures or substantially similar processes.
    (b) Contents of Emergency Contact Notification 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, including 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--
                            (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 individual'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 directive, or do not 
                        resuscitate order.
                    (B) 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 opportunity, but not less 
                than annually, for individuals in custody to update 
                their emergency contact information and to fill out a 
                medical power of attorney, health care proxy, advanced 
                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 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 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 information 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 include that form in the 
                individual's custodial record.
            (2) Notification requirements for death, serious illness, 
        and serious injury while in custody.--The policies and 
        procedures described in subsection (a) shall describe the 
        notification requirements in the event an individual dies, is 
        seriously injured 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 custody of the 
                        detention agency, the detention agency shall 
                        notify the individual's emergency 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 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 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 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 
                                determined); and
                                    (III) whether the individual's 
                                death is under investigation and the 
                                reason for opening an investigation.
                            (ii) No cause of death determined.--If the 
                        cause of death has not been determined at the 
                        time of the notification, 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--
                            (i) the cause and nature of the serious 
                        injury or serious illness event;
                            (ii) whether the individual is 
                        incapacitated, unconscious, or unable to speak;
                            (iii) whether any medical procedures or 
                        lifesaving measures were, or will be, performed 
                        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 serious injury. In 
                defining such term, the Attorney 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 required;
                            (iii) an individual is unconscious or 
                        incapacitated such that they are incapable of 
                        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 procedures described in 
                subsection (a) shall include the following:
                            (i) 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 contact, including--
                                    (I) a description of what 
                                information cannot be included in a 
                                voicemail, such as notification of 
                                death or serious illness;
                                    (II) 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 phone; and
                                    (III) a requirement that 
                                notifications are provided in a private 
                                setting and, when practicable, in 
                                person and by a mental health 
                                professional, designated case worker, 
                                or chaplain trained in notification 
                                best practices.
            (3) 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 so, or where they request 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 individual 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 decision as to the 
                disposition of the belongings and remains;
                    (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 investigations 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.--Requirements that each 
        notification attempt shall be documented 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.
            (6) Additional procedures in the event of serious illness 
        or injury.--Standards to ensure 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 seriously ill or 
                seriously injured individual in custody, with the 
                opportunity for in-person visitation when practicable; 
                and
                    (D) provide information about an individual's 
                emergency contact at to an outside hospital 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 hours after any 
                determination that an autopsy shall be performed and 
                given the option to receive the results of the autopsy 
                described in subparagraph (B). 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 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 contact 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 provides 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 
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 information, manuals, or other materials 
distributed or made available to individuals upon being taken into 
custody.
    (d) Additional Requirements.--
            (1) DOJ support of state and local implementation 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 defense agencies through 
        national and State membership associations and by other means.
            (2) Publication of emergency contact policies and 
        procedures.--The Attorney General, 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 procedures 
        described subsection (b)(1) in any intake information, manuals, 
        or other materials distributed or made available to individuals 
        upon being taken into custody of a detention agency of the 
        Department of Justice.
            (3) Intergovernmental service contracts.--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 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 taking the individual into custody.
            (4) 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 Act, and inadequate 
        notifications, and the failure to provide opportunities for 
        communication 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 information described in subsection (a).
            (2) No coercion.--The detention agency may not--
                    (A) attempt to coerce or persuade the individual in 
                custody to provide the information described 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 providing 
                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.
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