Definitions

In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress means the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Covered death The term covered death means the death of any individual that occurs— (A) while the individual is in custody of U.S. Immigration and Customs Enforcement; or (B) within 30 days after the individual’s release from the custody of U.S. Immigration and Customs Enforcement, when U.S. Immigration and Customs Enforcement knows or reasonably should know of the death. (3) Covered facility The term covered facility means any facility at which individuals are detained by or on behalf of U.S. Immigration and Customs Enforcement, including a Service Processing Center, a contract detention facility, a facility operated pursuant to an intergovernmental service agreement, a Federal facility, and any other facility operated by or under contract or agreement with the Department of Homeland Security for the detention of individuals in the custody of U.S. Immigration and Customs Enforcement. (4) Custodial record The term custodial record means the central file of an individual in custody, including the individual’s detention file. (5) In custody The term in custody means, with respect to an individual, that the individual is— (A) detained at a covered facility; (B) being transported by or on behalf of U.S. Immigration and Customs Enforcement; or (C) receiving medical treatment at a hospital or other medical facility to which the individual was transported from a covered facility or from the custody of U.S. Immigration and Customs Enforcement, through the conclusion of the episode of treatment, notwithstanding any release from custody effected during such treatment. (6) Serious illness or serious injury The term serious illness or serious injury means a medical event, episode, condition, or injury with respect to which, at minimum— (A) without immediate treatment, death is imminent; (B) admission to a hospital is required; (C) emergency surgery is required; (D) admission to an intensive care unit occurs; (E) the individual suffers cardiac arrest, stroke, respiratory failure, or serious trauma; (F) the individual is unconscious or incapacitated such that the individual is incapable of providing consent for medical treatment or of communicating; (G) the individual has been diagnosed with a terminal illness; or (H) a licensed physician determines the condition presents a substantial risk of death or permanent impairment. (7) Taking custody The term taking custody means the point at which U.S. Immigration and Customs Enforcement takes custody or control of an individual, including during or prior to booking or intake screening, in transfer from another institution or agency, or as a holdover.