S T A T E O F N E W Y O R K
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10718--A
I N A S S E M B L Y
March 27, 2026
___________
Introduced by M. of A. GIBBS -- read once and referred to the Committee
on Correction -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to enacting "India's
law"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
"India's law".
§ 2. Legislative findings and intent. This legislature has repeatedly
observed and called attention to the severe issues associated with
incarcerated persons in the Erie County Sheriff Office's Division of
Jail Management. This includes incarcerated individuals who have mental
health problems and issues. Unfortunately, these mental health struggles
coupled with custodial negligence, have led to the deaths of many incar-
cerated individuals of the Erie County Sheriff Office's Division of Jail
Management.
These issues were highlighted in the death of Erie County Holding
Center prisoner India Cummings in February 2016. The New York State
Commission of Correction issued a report in July 2018 on the death of
Ms. Cummings in which their Medical Review Board ruled the death as a
homicide due to medical neglect. The report highlighted several
instances wherein Ms. Cummings' mental state was not properly diagnosed
and treated and healthcare provided to her was deficient. She displayed
behaviors consistent with a mental health crisis and behavior associated
with injury/illness. During her incarceration, Ms. Cummings was evalu-
ated by two physicians who separately determined she was suffering a
serious mental health episode, but she was kept in custody without
adequate care.
The intention of this law is to create a policy to help ensure incar-
cerated individuals experiencing a mental health crisis or episode are
timely diagnosed, treated and/or transferred to an appropriate facility
to ensure they receive adequate care and treatment which will prevent
further deterioration and possible death.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14521-03-6
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By way of comparison, the New York State Department of Corrections and
Community Supervision maintains a policy providing for notification to
an incarcerated individual's next-of-kin when an incarcerated individual
dies in custody, as well as a policy notifying an incarcerated individ-
ual's next-of-kin when their family member is experiencing grave
illness. However, the State does not maintain a policy to notify the
family members of incarcerated individuals when they are displaying
behaviors that can lead to a fatality.
State mental hygiene law requires that the involuntary admission to a
mental health facility of an individual requires notice to the closest
living relative of the person alleged to be mentally ill.
The Health Insurance Portability and Accountability Act of 1996
("HIPPA") permits correctional health care providers to share a
patient's information with family, friends, or others involved in the
patient's care or payment for care, as long as the health care provider
determines, based on professional judgment, that doing so is in the best
interests of the patient. 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 provides for timely notice to the fami-
ly when an incarcerated individual has died.
§ 3. The opening paragraph of paragraph a of subdivision 2 of section
508 of the correction law, as amended by chapter 322 of the laws of
2021, is amended and a new subdivision 3 is added to read as follows:
If a physician to a jail or in case of a vacancy a physician acting as
such and the warden or jailer certify in writing that a prisoner
confined in a jail, either in a civil cause or upon a criminal charge,
is in such a state of mental health that [he or she] SUCH PRISONER is in
need of involuntary care and treatment and in their opinion should be
removed to a psychiatric hospital for treatment, the warden or jailer
shall [immediately] notify the director WITHIN TWENTY-FOUR HOURS, who
shall have the responsibility for providing treatment for such prisoner.
If such director after examination of the prisoner by an examining
physician designated by [him or her] THE DIRECTOR shall determine that
such prisoner is in need of involuntary care and treatment, the director
shall file an application WITHIN TWENTY-FOUR HOURS for the involuntary
hospitalization of such prisoner pursuant to article nine of the mental
hygiene law in a hospital or secure facility, as defined in paragraph b
of this subdivision, operated by the office of mental health or in the
case of a prisoner confined in a jail in a city or county which main-
tains or operates a general hospital containing a psychiatric prison
ward approved by the office of mental health to such prison ward for
care and treatment or to any other psychiatric hospital if such prison
ward is filled to capacity. Such application shall be FILED WITHIN TWEN-
TY-FOUR HOURS AND supported by the certificate of two physicians in
accordance with the requirements of section 9.27 of the mental hygiene
law and thereupon such prisoner shall be admitted forthwith to the
hospital or secure facility in which such application is filed, and the
procedures of the mental hygiene law governing the hospitalization of
such prisoner. The jailer or warden having custody of the prisoner shall
deliver the prisoner to the hospital or secure facility with which the
director has filed the application. If such jailer or warden shall
certify that such prisoner has a mental illness which is likely to
result in serious harm to [himself, herself] THEMSELF or others and for
A. 10718--A 3
which care in a psychiatric hospital is appropriate such jailer or ward-
en shall effect the admission of such prisoner to a hospital or secure
facility forthwith in accordance with the provisions of section 9.37 or
9.39 of the mental hygiene law and the hospital shall admit such prison-
er. Upon admission of the prisoner, pursuant to section 9.37 or 9.39 of
the mental hygiene law, the jailer or warden shall notify the director,
the prisoner's attorney, and [his or her] THE PRISONER'S family, where
information about the family is available. While the prisoner is in the
hospital, other than a secure facility, [he or she] SUCH PRISONER shall
remain in the custody under sufficient guard of the jailer or warden in
charge of the jail from which [he or she] SUCH PRISONER came. When the
prisoner is in a secure facility, the jailer or warden may transfer
custody of the incarcerated individual to the commissioner of mental
health, pursuant to an agreement between such jailer or warden and such
commissioner. A prisoner admitted to a psychiatric hospital pursuant to
section 9.27, 9.37 or 9.39 of the mental hygiene law may be retained at
the hospital or secure facility pursuant to the provisions of the mental
hygiene law until [he or she] SUCH PRISONER has improved sufficiently in
[his or her] THEIR mental illness so that hospitalization is no longer
necessary or until ordered by the court to be returned to the jail
whichever comes first and in either event, the prisoner shall thereupon
be returned to jail. The cost of the care and treatment of such prison-
ers in the hospital or secure facility shall be defrayed in accordance
with the provisions of the mental hygiene law in such cases provided.
3. EXCEPT AS OTHERWISE PROVIDED BY LAW, THE CHIEF MEDICAL OFFICER OF A
LOCAL CORRECTIONAL FACILITY, IN CONJUNCTION WITH THE SHERIFF, SHALL BE
AUTHORIZED TO SEND AN INCARCERATED INDIVIDUAL OR ANY OTHER INDIVIDUAL IN
THE CUSTODY OF A LOCAL CORRECTIONAL FACILITY TO A HOSPITAL OR SECURE
FACILITY WHEN SUCH INDIVIDUAL DEMONSTRATES BEHAVIORS THAT ARE LIKELY TO
RESULT IN SERIOUS HARM TO THEMSELVES OR OTHERS UNLESS A JUDGE HAS
APPROVED THE INDIVIDUAL'S RELEASE FROM CONFINEMENT.
§ 4. The correction law is amended by adding a new section 500-r to
read as follows:
§ 500-R. NOTICE TO NEXT OF KIN. 1. WITHIN TWENTY-FOUR HOURS OF AN
INCARCERATED INDIVIDUAL OR ANY OTHER INDIVIDUAL IN THE CUSTODY OF A
LOCAL CORRECTIONAL FACILITY EXPERIENCING A SERIOUS MEDICAL EVENT OR
DEMONSTRATING BEHAVIOR THAT IS LIKELY TO RESULT IN SERIOUS HARM TO THEM-
SELVES OR OTHERS OR HAVING DIED, SUCH FACILITY SHALL NOTIFY THE INDIVID-
UAL'S NEXT OF KIN OR ANY OTHER PERSON DESIGNATED AS THE REPRESENTATIVE
OF SUCH INDIVIDUAL, PROVIDED THAT CONTACT INFORMATION IS AVAILABLE.
2. WITHIN TWENTY-FOUR HOURS OF AN INCARCERATED INDIVIDUAL OR ANY
OTHER INDIVIDUAL IN THE CUSTODY OF A LOCAL CORRECTIONAL FACILITY EXPERI-
ENCING A SERIOUS MEDICAL EVENT OR DEMONSTRATING BEHAVIOR THAT IS LIKELY
TO RESULT IN SERIOUS HARM TO THEMSELVES OR OTHERS, SUCH FACILITY SHALL
ALLOW THE NEXT OF KIN OR ANY OTHER PERSON DESIGNATED AS THE REPRESEN-
TATIVE OF SUCH INDIVIDUAL IMMEDIATE VISITATION.
3. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "LIKELIHOOD TO RESULT IN SERIOUS HARM" SHALL HAVE THE SAME MEANING
AS DEFINED BY SUBDIVISION TWO OF SECTION FIVE HUNDRED EIGHT OF THIS
ARTICLE.
(B) "SERIOUS MEDICAL EVENT" MEANS ANY OF THE FOLLOWING:
(I) INPATIENT HOSPITALIZATION;
(II) ANY SURGERY REQUIRING GENERAL ANESTHESIA;
(III) A LIFE-THREATENING ILLNESS OR INJURY;
A. 10718--A 4
(IV) ANY CONDITION THAT RENDERS THE INCARCERATED INDIVIDUAL UNABLE TO
COMMUNICATE;
(V) SIGNIFICANT, PERMANENT IMPAIRMENT OR DISFIGUREMENT;
(VI) DIAGNOSIS OF A TERMINAL ILLNESS WITH A PROGNOSIS OF SIX MONTHS OR
LESS TO LIVE;
(VII) TRANSFER TO A MEDICAL INTENSIVE CARE UNIT;
(VIII) AN ATTEMPTED SUICIDE; AND
(IX) ANY OTHER MEDICAL CONDITION THAT, IF LEFT UNTREATED, COULD
REASONABLY BE EXPECTED TO RESULT IN SIGNIFICANT PAIN, DISABILITY, OR
DEATH.
§ 5. Paragraph (a) of subdivision 1 of section 624 of the correction
law, as amended by section 1 of part C of chapter 36 of the laws of
2026, is amended to read as follows:
(a) [The] WITHIN TWENTY-FOUR HOURS OF THE DEATH OF AN INCARCERATED
INDIVIDUAL WHILE IN CUSTODY, THE department shall [promptly] notify the
INDIVIDUAL'S next of kin [and] OR any other person designated as the
representative of [any incarcerated] SUCH individual [whose death takes
place during custody] , PROVIDED THAT CONTACT INFORMATION IS AVAILABLE.
§ 6. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 7. This act shall take effect immediately.