S.1322 - Family Notification of Death, Injury, or Illness in Custody Act of 2025 (119th Congress)
Summary
S.1322, 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.
Expected Effects
The bill will likely lead to more consistent and compassionate communication with families of individuals in custody regarding critical health events. It will also promote greater transparency and accountability within detention agencies. The Act seeks to minimize trauma and confusion for families during difficult times.
Potential Benefits
- Ensures timely and compassionate notification to families in cases of death, serious illness, or injury of individuals in custody.
- Establishes a national standard for notification policies, promoting consistency across jurisdictions.
- Provides model policies for states, local governments, and tribes, encouraging adoption of best practices.
- Requires detention agencies to collect and maintain emergency contact information.
- Mandates training for personnel involved in notifications to ensure professionalism and sensitivity.
Potential Disadvantages
- Potential for increased administrative burden on detention agencies to implement and maintain the required policies and procedures.
- Possible costs associated with training personnel and updating notification systems.
- Risk of legal challenges related to privacy concerns or implementation of the policies.
- The Act does not create a private right of action, limiting legal recourse for families who believe the policies were not followed.
- Potential for delays in notification due to the requirement to follow specific procedures.
Constitutional Alignment
The bill aligns with constitutional principles by addressing the humane treatment of individuals in custody, referencing the Eighth Amendment (cruel and unusual punishment) and the Fourteenth Amendment (Due Process Clause). It aims to uphold the basic human dignity of incarcerated people. The federal government's role in setting standards for federal detention facilities is within its enumerated powers.
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).