H.R. 2718 — Family Notification of Death, Injury, or Illness in Custody Act of 2025

This section states congressional findings on the need for timely, compassionate notification to families when individuals die, become seriously ill, or are injured while detained, arrested, or in law enforcement custody, citing examples of notification failures, barriers to justice from delayed autopsy releases, and record-high deaths in custody (e.g., 1,120 in local jails and 4,513 in state and federal prisons in 2018, with COVID-19 deaths estimated at 2,700 or more).

This section establishes definitions for use in this Act, including "(1) custodial record" as the central file of an individual in custody; "(2) detention agency" as any government agency, including a law enforcement or correctional agency, that has authority to detain people for violations or alleged violations of criminal or civil law; "(3) in custody of a detention agency" as including any person who is detained, under arrest or in the process of being arrested, en route to incarceration, or incarcerated at a jail, prison, boot camp prison, contract or community correctional facility, or other correctional facility (including any juvenile detention facility); and "(4) taking custody" as 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.

This section directs the Attorney General, not later than one year after the date of enactment, to (1) implement policies and procedures for Department of Justice detention agencies to notify next-of-kin or emergency contacts upon the death, serious illness, or serious injury of an individual in custody; and (2) develop and distribute model policies and procedures for state, territorial, tribal, and local detention agencies, with assistance for their implementation. The policies and procedures must address (1) collection of emergency contact information upon intake—including names, addresses, phone numbers, emails, notification order, faith leader preferences, and medical proxy details—with allowances for anytime modifications and annual updates, disclosure of information uses, a standardized form, and inclusion in custodial records; and (2) notifications for death (within 12 hours after declaration, between 6:00 a.m. and midnight local time, including time of death, cause if known, and investigation status, with follow-up within 24 hours if cause is later determined), serious illness or injury (as soon as practicable but no later than 48 hours, between 6:00 a.m. and midnight local time and prior to procedures where feasible, including cause, patient status, procedures performed or planned, and medical facility contacts), and a definition of serious illness or injury.