[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4284 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4284

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 SENATE OF THE UNITED STATES

                 May 19 (legislative day, May 17), 2022

Mr. Ossoff (for himself and Mr. Kennedy) introduced the following bill; 
  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 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 2022''.

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 Eighth Amendment 
        and Due Process Clause of the 14th Amendment to the 
        Constitution of the United States.
            (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.

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 
        individuals 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'' means an individual who, after 
        being detained and booked into a jail or holding facility for a 
        Federal, State, or local offense--
                    (A) is physically housed at a jail, prison, boot 
                camp prison, contract correctional facility, community 
                correctional facility, halfway house, or other 
                correctional facility (including any juvenile detention 
                facility); or
                    (B) has been or is being transferred to a medical 
                facility from a correctional facility.

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 the 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.--The policies and procedures described in subsection (a) 
shall include best practices that address the following:
            (1) Emergency contact information.--In the case of an 
        individual that is in the custody of a detention agency, the 
        detention agency shall obtain, to the greatest extent 
        practicable--
                    (A) the name, last known address, telephone number, 
                and email of any individual or individuals who--
                            (i) shall be notified in the event of the 
                        death or serious illness or serious injury, of 
                        the individual in custody; and
                            (ii) are authorized to receive the body and 
                        personal effects of the individual in custody;
                    (B) whether the individual in custody would like a 
                faith leader to participate in the notification process 
                and, if so, of what denomination; and
                    (C) whether the individual has in place a medical 
                proxy decision maker or medical power of attorney, 
                advanced directive, or do not resuscitate order, and 
                the name and contact information of the individual or 
                individuals holding such authorities.
            (2) Notification requirements for death, serious illness, 
        and serious injury while in custody.--
                    (A) Notification of death in custody.--In the event 
                an individual dies while in the custody of the 
                detention agency, the detention agency shall notify the 
                emergency contact of the individual not later than 12 
                hours after the declaration of death and between the 
                hours of 6:00 a.m. and to midnight local time. Such 
                notification shall include information about the 
                circumstances surrounding the death, including the 
                official time of death, the cause of death, and whether 
                the death is under investigation, including the reason 
                for opening the investigation.
                    (B) 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 agency, the detention agency shall attempt to 
                notify the emergency contact of the individual as soon 
                as practicable after the serious injury or serious 
                illness occurs. Such notification shall include 
                information about the serious illness or injury, 
                including the cause and nature of the serious injury or 
                serious illness event, whether the individual is 
                incapacitated, unconscious, or unable to speak, whether 
                any medical procedures or life-saving measures were, or 
                will be, performed in response to the incident, and the 
                contact information of the facility and provider of 
                medical treatment.
            (3) Compassionate and professional notification.--The 
        policies and procedures described in subsection (a) shall 
        include best practices to provide notification of death, 
        serious illness, 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 contact. 
        The best practices shall address the manner of notification, 
        including--
                    (A) providing notification by an individual trained 
                in notification best practices;
                    (B) if notification occurs in person, providing the 
                next-of-kin or other emergency contact a point of 
                contact at the detention facility; and
                    (C) providing notification of a death in custody 
                via a telephone or in-person conversation, immediately 
                followed by a written letter of condolence that advises 
                the person of the circumstances of the death, and 
                providing a description of what information can and 
                cannot be provided over voicemail.
            (4) 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 situations where--
                    (A) without immediate treatment for the condition, 
                death is imminent;
                    (B) admission to a hospital is required;
                    (C) an individual attempted suicide;
                    (D) an individual is unconscious or incapacitated 
                such that they are incapable of providing consent for 
                medical treatment; and
                    (E) an individual has been diagnosed with a 
                terminal illness.
            (5) Emergency contact form.--The policies and procedures 
        described in subsection (a) shall include a template form for 
        detention agencies to record the emergency contact information 
        for inclusion in the custodial record of the individual.
            (6) Additional best practices.--The policies and practices 
        described in subsection (a) shall include best practices to--
                    (A) permit individuals in custody to modify their 
                emergency contact information as needed;
                    (B) provide individuals in custody the opportunity 
                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) return the belongings and remains of the 
                individual to the emergency contact, if desired;
                    (D) document and maintain within the custodial 
                record of the individual each notification attempt 
                performed pursuant to this Act by the detention agency;
                    (E) 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 individual;
                    (F) provide the individual in custody information 
                about the purpose and permissible uses of the emergency 
                contact information provided pursuant to this section; 
                and
                    (G) in the event of a death in custody, notify the 
                emergency contact if an autopsy is going to be 
                performed and the procedures for obtaining any autopsy 
                report.
    (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 website of the detention 
agency and made accessible to individuals in the custody of the 
detention agency 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--
                    (A) publish on the website of the Office of Justice 
                Programs the policies and procedures described in 
                subsection (b); and
                    (B) 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 and agreements.--
        Any Department of Justice detention agency, including the 
        United States 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 procedures as described in subsection 
        (b)(2) as a condition of such contract or contract renewal.
            (4) 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--
                    (A) the notifications required under this Act, 
                including inadequate notifications; and
                    (B) opportunities for communication and visitation 
                in accordance with this Act.
    (e) Voluntary Collection.--A detention agency may not--
            (1) attempt to persuade or coerce an individual in the 
        custody of a detention agency to provide the information 
        described in subsection (a); or
            (2) impose any penalty, fine, or fee on the individual 
        for--
                    (A) the failure or refusal of the individual to 
                provide the information requested; or
                    (B) providing information that is later determined 
                to be inaccurate.

SEC. 5. RULES OF CONSTRUCTION.

    Nothing in this Act may be construed to--
            (1) 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;
            (2) require the individual in custody of a detention agency 
        to provide the emergency contact information described in 
        section 4(a); or
            (3) create a private right of action to enforce any 
        provision of this Act.
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