Sec. 5. Notification by law enforcement of family with regard to death or life-threatening emergency occurring to individual in custody
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/bill/115/hr/2115/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In the case of an individual who dies while in the custody of a law enforcement agency: A law enforcement agency shall have a written notification plan in place identifying all designated staff members who are authorized, trained and prepared to deliver notification of death to the next-of-kin or designated contact in a professional and compassionate manner. In the event an individual dies while in the custody of law enforcement, such notification shall be delivered not later than 3 hours after the declaration of death.
To minimize confusion and trauma suffered by the family or designated contact of the deceased, reasonable efforts may be taken when practical to ensure that notification is provided in-person and in a private setting. Such notification shall include the official time of death, the cause of death (if determined) and all pertinent circumstances surrounding the death, including whether the individual’s death is under investigation and the reason for opening an investigation. All notification attempts shall be documented and maintained within the custodial record, including— the staff name and corresponding agency or department contact information for all those responsible for carrying out the notification; the date and time of successful and unsuccessful contacts; the names and contacts to which attempts were made, and any reason for failed or unsuccessful contact; and any incidents of unclaimed or rejected claims for the body or property of the deceased, including a detailed description of where any unclaimed bodies and property have been disposed of.
In the case of an individual who dies while in the custody of a law enforcement agency, if an autopsy of that individual is required: The next-of-kin or designated contacts shall be informed immediately upon any determination that an autopsy shall be performed, and such notification shall include the reason that the autopsy is being performed. A copy of the autopsy report and results shall be made available to the next-of-kin or designated contact immediately upon completion.
The State and the next of kin shall have the opportunity to perform a separate autopsy. In the case of any life-threatening event occurring to an individual in the custody of a law enforcement agency: A law enforcement agency shall have a written notification plan in place identifying all designated staff members who are authorized, trained and prepared to deliver notification of a life-threatening event to the next-of-kin or designated contact in a professional and compassionate manner.
Notice to the designated emergency contact shall be made as soon as practicable after the life-threatening event occurs, and, where practicable without delaying treatment, prior to any required medical procedure, but in any event, not later than any medical discharge or clearance. To minimize confusion and trauma suffered by the family or designated contact of the individual who has suffered a life-threatening event, reasonable efforts may be taken when practical to ensure that notification is made in-person and in a private setting.
Such notification shall include details of the life-threatening event, including— whether the individual is incapacitated, unconscious, or unable to speak; the cause and nature of the life-threatening event; whether any medical procedures or life-saving measures were performed in response to the life-threatening event; and whether any medical followup is recommended and the nature of the recommended followup. All notification attempts shall be documented and maintained within the custodial record, including— the staff name and corresponding agency or department contact information for all those responsible for carrying out the notification; the date and time of successful and unsuccessful contacts; and the names and contacts to which attempts were made, and any reason for failed or unsuccessful contact.