Sec. 156. Death in custody reporting requirement
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/bill/113/hr/3163/ih/section-156·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If an individual dies while in the custody of the Department of Homeland Security or en route to or from such custody— the supervising official at the detention facility or short-term detention facility at which the death took place shall immediately notify the Secretary of such death; and not later than 48 hours after receiving a notification under paragraph (1), the Secretary shall report the death to— the Office of the Inspector General of the Department of Homeland Security; and the Department of Justice.
The Department of Homeland Security shall complete an investigation of each detainee death that shall be conducted consistent with established medical practice for morbidity and mortality reviews and examine both individual and systemic contributors to the death. The investigation shall be conducted by a panel of physicians with experience in morbidity and mortality reviews and shall include the medical staff of the facility or facilities that cared for the deceased detainee, physicians from within the Department, and independent physicians not affiliated with the Department or facility.
The panel shall complete a report and corrective action plan in each case. Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report containing detailed information regarding all the deaths of individuals in the custody of the Department of Homeland Security during the preceding fiscal year to the committees set forth in section 155(c). The reports submitted under subsection (a)(2) and subsection
(c)shall include— the name, gender, race, ethnicity, and age of the deceased; the date, time, and location of death; the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; a description of the circumstances surrounding the death; the status and results of any investigation that has been conducted into the circumstances surrounding the death; and all medical records of the deceased.