BILL NUMBER: S9126
SPONSOR: BASKIN
 
TITLE OF BILL:
An act to amend the correction law, in relation to enacting "India's
law"
 
PURPOSE:
The intention of this law is to provide for the timely notice of serious
medical or mental health issues to an incarcerated individual's family
in order to involve the family in a situation where their knowledge and
participation could assist in the incarcerated individual's improvement
and prevent further injury or death. This law also explicitly states the
timely notice to family when an incarcerated individual has died.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides the short title of the act: "India's Law".
Section 2 explains the motivation for the bill and its intent to estab-
lish policies that ensure incarcerated individuals in mental health or
medical crisis are promptly diagnosed, treated, and, when necessary,
transferred to appropriate facilities. It also aims to require timely
notification of family members when an incarcerated person is experienc-
ing serious mental or medical health issues, including death.
Section 3 Amends Correction Law § 508 to require jail officials to noti-
fy mental health authorities within 24 hours when a physician and warden
determine an incarcerated individual needs involuntary mental health
treatment, and to promptly seek involuntary hospitalization under the
Mental Hygiene Law. It mandates immediate transfer to an approved
psychiatric hospital or secure facility, including emergency admissions,
with notice to the individual's attorney and family when available. The
bill also clarifies custody during treatment, permits continued hospi-
talization until improvement or court order, and authorizes correctional
medical staff and sheriffs to initiate hospitalization when an individ-
ual poses a serious risk of harm.
Section 4 Adds a new § 500-r to the Correction Law requiring local jails
to notify an incarcerated person's next of kin or designated represen-
tative within 24 hours of a serious medical event or behavior posing a
serious risk of harm, when contact information is available, and to
allow immediate visitation. It defines serious medical events to include
hospitalization, surgery, life-threatening conditions, attempted
suicide, inability to communicate, permanent impairment, terminal
illness, ICU transfer, or other untreated conditions likely to cause
significant harm or death.
Section 5 states that if any part of the bill is found invalid by a
court, the rest of the law will remain in effect. It makes clear that
the legislature intends the act to stand even if specific provisions are
struck down, limiting the impact of any court ruling to only the invalid
portion.
Section 6 establishes that this act shall take effect immediately.
 
JUSTIFICATION:
This bill is justified by documented failures in jail mental health care
that have led to preventable deaths, notably the 2016 death of India
Cummings at the Erie County Holding Center, which the New York State
Commission of Correction ruled a homicide due to medical neglect.
Despite clear signs of a severe mental health crisis and evaluations by
physicians confirming the need for care, she remained in custody without
adequate treatment. During which time, the family of Ms. Cummings was
unaware and was unable to advocate for her care and necessary treatment.
The proposed legislation aims to close these gaps by ensuring timely
diagnosis, mandatory notification of family, and prompt transfer to
appropriate mental health facilities. By involving families earlier and
enforcing clear procedures consistent with existing Mental Hygiene Law
and HIPAA allowances, the bill seeks to prevent deterioration, injury,
and death among incarcerated individuals experiencing serious medical or
mental health crises.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S9126: 508 correction law, 508(2) correction law