BILL NUMBER: S9126B
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
to involve the family in a situation where their knowledge and partic-
ipation could assist in the incarcerated individual's improvement and
prevent further injury or death.
 
SUMMARY OF 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.
Section 3: Amends Correction Law to require jail officials to notify
mental health authorities within 48 hours when a physician and warden
deteimine 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 when the person has been transferred to a medical facility and is
either unresponsive, has major organ failure, or in need of life-saving
Surgery within 48 hours and allows the next of kin to visit an incarcer-
ated individual who is transferred to a medical facility as a result of
being unresponsive, diagnosed with the failure of a major organ, or in
need of major life-saving surgery to visit them at such facility as soon
as is practicable.
Section 5 establishes the severability clause, stating 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:
This act shall take effect immediately.

Statutes affected:
S9126: 508 correction law, 508(2) correction law
S9126B: 508 correction law, 508(2) correction law