H.R.2718 - Family Notification of Death, Injury, or Illness in Custody Act of 2025 (119th Congress)
Summary
H.R.2718, the Family Notification of Death, Injury, or Illness in Custody Act of 2025, aims to establish federal policies and procedures for notifying the next-of-kin or emergency contact when an individual in federal custody dies, becomes seriously ill, or is seriously injured. It also provides model policies for states, local governments, and Indian Tribes to implement similar procedures.
The bill mandates the Attorney General to implement these policies within one year of enactment. It includes provisions for collecting emergency contact information, setting notification timeframes, specifying required information during notification, and handling belongings and remains.
Furthermore, the bill emphasizes compassionate and professional notification standards and requires the Department of Justice to monitor compliance and appoint an Ombudsman to handle complaints.
Expected Effects
This act will likely lead to more timely and compassionate communication with families of individuals in custody during critical incidents. It will standardize notification procedures across federal detention agencies and encourage similar standards at the state and local levels.
Increased transparency and accountability within detention facilities is also expected. The act could also reduce legal liabilities for detention agencies by establishing clear notification protocols.
Ultimately, the bill aims to uphold the basic human dignity of incarcerated individuals and their families by ensuring they are informed of significant health events.
Potential Benefits
- Improved Communication: Ensures timely and compassionate notification to families in case of death, serious illness, or injury of an individual in custody.
- Standardized Procedures: Establishes consistent federal policies and provides model policies for states and local governments.
- Increased Transparency: Requires documentation of notification attempts and outcomes, promoting accountability.
- Protection of Rights: Upholds the dignity of incarcerated individuals and their families by ensuring they are informed and treated with respect.
- Access to Information: Provides families with access to autopsy reports and information about the circumstances surrounding the death or injury.
Potential Disadvantages
- Administrative Burden: Detention agencies may face increased administrative workload and costs associated with implementing and maintaining the new notification procedures.
- Potential for Litigation: Despite the intent to reduce liability, the act could create new avenues for litigation if notification procedures are not followed correctly.
- Privacy Concerns: Collection and storage of emergency contact information could raise privacy concerns if not handled securely.
- Opt-Out Complications: Managing opt-out requests and ensuring they are properly documented could add complexity to the notification process.
- Resource Allocation: Implementing training programs and hiring additional staff to handle notifications may strain resources, especially for smaller detention agencies.
Constitutional Alignment
The bill aligns with constitutional principles by addressing due process concerns related to the treatment of individuals in custody, referencing the Fourteenth Amendment's Due Process Clause. It also indirectly relates to the Eighth Amendment's prohibition of cruel and unusual punishment by promoting humane treatment and communication.
The bill does not infringe upon any specific constitutional rights. It aims to ensure that families are informed about the well-being of their incarcerated loved ones, which can be seen as supporting the principles of justice and fairness.
However, the Tenth Amendment reserves powers not delegated to the federal government to the states, so the federal government providing model policies for states could be seen as a suggestion rather than a mandate.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).