U.S. Senators Jon Ossoff and John Kennedy (R-LA) have introduced bipartisan legislation that would require notification of family members of individuals in federal custody. The hope, the Senators say, is that the federal policies will be mimicked by the states.
The Family Notification of Death, Injury, or Illness in Custody Act would notify family members in a timely and compassionate manner in the event of a death, serious illness or injury of a loved one in custody.
The bill would require the U.S. Department of Justice (DOJ) to implement policies and procedures for family notification by issuing central guidance to the Federal Bureau of Prisons (BOP). The bill would also direct the Attorney General to develop and distribute model notification policies and procedures to state and local detention agencies.
“Too often, the families of those incarcerated never find out about a serious illness, a life-threatening injury, or even the death of a loved one behind bars. That’s why Senator Kennedy and I are introducing this bipartisan reform legislation,” Sen. Ossoff said.
The bipartisan companion bill is being introduced in the U.S. House of Representatives by Reps. Sydney Kamlager-Dove (D-CA-37), John Rutherford (R-FL-05), Barry Moore (R-AL-01), and Glenn Ivey (D-MD-04).
“In 2016, when Wakiesha Wilson tragically died while incarcerated, her family members–my constituents–were never directly informed of her passing. It took 18 days for Wakiesha to be reunited with her family, compounding their agony of experiencing the death of a loved one. No one should have to go through that pain,” said Congresswoman Kamlager-Dove. “It is shameful that our correctional facilities are not required to notify the families of incarcerated people if their loved ones are seriously ill, injured, or deceased. I’m proud to introduce this legislation to change that.”
“Every family member deserves to be notified if their loved one has passed away, is injured, or becomes ill,” said Rep. Rutherford (FL-05). “As a former sheriff, I understand the importance of notifying families about the health challenges their loved ones are facing while in custody. No parent, spouse, or child should be left in the dark. That’s why I am proud to join my colleagues in the House and Senate to introduce bipartisan legislation to ensure compassionate notification of a detainee’s health status to their family members.”
“Families deserve to be informed when their loved one has died, has a serious illness, or sustains an injury while in custody. In FY21 alone, the Department of Justice failed to identify at least 990 prison and arrest related deaths,” said Moore. “This legislation requiring the Department of Justice and Bureau of Prisons to implement clear procedures for notifying families if these events occur is a step toward transparency and accountability that ensures no family is left in the dark.”
“This bipartisan bill would ensure that the Department of Justice develops policies to notify family members about the well-being of their loved ones in custody,” said Rep. Glenn Ivey. “I am proud to partner with my House and Senate colleagues in introducing this important legislation.”
Families across Georgia have suffered from the prison system’s failure to notify families of their relatives’ health in recent years:
According to The Atlanta Journal-Constitution, a Clayton County Jail inmate’s daughter was never notified after her mother fell and suffered from serious injuries, including a collapsed lung that required hospitalization. Her daughter only received notice of her death once the mother’s longtime boyfriend attempted to visit the jail and was told that she was no longer there. The jail did not provide the boyfriend nor the daughter with additional information on the mother’s death.
In South Georgia, a woman was only notified of her father’s death at Valdosta State Prison after a letter was returned to her stamped, “Return to sender: inmate dead.” She was then unable to obtain any further information about her father’s death from prison officials.
Last month, Sen. Ossoff warned AG Pam Bondi and BOP Associate Deputy Director Kathleen Toomey that their efforts to reduce pay for prison staff threaten the safety and security of prisons amid pre-existing staffing shortages.
In November, Sens. Ossoff and Rev. Warnock urged Georgia Department of Corrections (GDC) Commissioner Tyrone Oliver to promptly address the deeply concerning findings in the DOJ’s report on Georgia’s state prison system, which found conditions in Georgia’s prisons “violate the Eighth Amendment to the Constitution. In 2022, Sen. Ossoff led a 10-month bipartisan investigation that uncovered the DOJ failed to count nearly 1,000 deaths in state and local custody in 2021 alone.
Click here to read the Family Notification of Death, Injury, or Illness in Custody Act.
