NY State Senate Bill 2025-S9126B

Current Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2026	amended on third reading 9126b
May 07, 2026	advanced to third reading
May 06, 2026	2nd report cal.
May 05, 2026	1st report cal.928
Apr 16, 2026	print number 9126a
Apr 16, 2026	amend and recommit to crime victims, crime and correction
Feb 05, 2026	referred to crime victims, crime and correction

Votes

- May 5, 2026 - Crime Victims, Crime And Correction Committee Vote
  S9126B
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Crime Victims, Crime And Correction Committee Vote: May 5, 2026
      
      aye (5)
      
      Bailey
      
      Harckham
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      nay (1)
      
      Rolison
      
      aye wr (1)
      
      Murray

Bill Amendments

Original

B (Active)

2025-S9126 - Details

Law Section:: Correction Law
Laws Affected:: Amd §508, add §500-r, Cor L

2025-S9126 - Summary

Enacts "India's law" under which an incarcerated individual's next of kin shall be notified and allowed visitation by a local correctional facility when such individual is experiencing a serious medical event or demonstrating behavior that is likely to result in serious harm to themselves or others.

2025-S9126 - Sponsor Memo

                                 
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.

2025-S9126 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9126
 
                             I N  S E N A T E
 
                             February 5, 2026
                                ___________
 
 Introduced  by  Sen.  BASKIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 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.

                                                            LBD14521-01-6
 S. 9126                             2
 
   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.
   §  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:
   a. 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
 which care in a psychiatric hospital is appropriate such jailer or ward-
 S. 9126                             3
 
 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,  SUCH FACILITY SHALL NOTIFY THE INDIVIDUAL'S NEXT OF
 KIN OR ANY OTHER PERSON DESIGNATED AS THE REPRESENTATIVE OF  SUCH  INDI-
 VIDUAL, 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;
   (IV)  ANY CONDITION THAT RENDERS THE INCARCERATED INDIVIDUAL UNABLE TO
 COMMUNICATE;
 S. 9126                             4
 
   (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.  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.
   § 6. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2025-S9126A - Details

Law Section:: Correction Law
Laws Affected:: Amd §508, add §500-r, Cor L

2025-S9126A - Summary

2025-S9126A - Sponsor Memo

                                 
BILL NUMBER: S9126A

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 within twenty-four hours of the death of an incar-
cerated individual while in custody, the department shall (promptly)
notify the individuals next of kin and any other designated represen-
tatives, provided the contact information in available.

Section 6 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 7 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.

2025-S9126A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9126--A
 
                             I N  S E N A T E
 
                             February 5, 2026
                                ___________
 
 Introduced  by  Sen.  BASKIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14521-04-6

 S. 9126--A                          2
 
 to ensure they receive adequate care and treatment  which  will  prevent
 further deterioration and possible death.
   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
 S. 9126--A                          3
 
 certify  that  such  prisoner  has  a  mental illness which is likely to
 result in serious harm to [himself, herself] THEMSELF or others and  for
 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;
 S. 9126--A                          4
 
   (III) A LIFE-THREATENING ILLNESS OR INJURY;
   (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.

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2025-S9126B (ACTIVE) - Details

Law Section:: Correction Law
Laws Affected:: Amd §508, add §500-r, Cor L

2025-S9126B (ACTIVE) - Summary

2025-S9126B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9126--B
     Cal. No. 928
 
                             I N  S E N A T E
 
                             February 5, 2026
                                ___________
 
 Introduced  by  Sens. BASKIN, COMRIE, COONEY, FAHY, GONZALEZ, SALAZAR --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Crime  Victims,  Crime and Correction -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported favorably from said  committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 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 incarcerated individual 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 evaluated by  two  physicians  who  separately  determined  she  was
 suffering  a  serious mental health episode, but she was kept in custody
 without adequate care.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14521-07-6
 S. 9126--B                          2
 
   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.
   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] AN
 INCARCERATED INDIVIDUAL 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 INCARCERATED INDIVIDUAL is in need  of  involuntary  care  and
 treatment and in their opinion should be removed to a psychiatric hospi-
 tal  for  treatment, the warden or jailer shall [immediately] notify the
 director WITHIN FORTY-EIGHT HOURS, who shall have the responsibility for
 providing treatment for such [prisoner]  INCARCERATED  INDIVIDUAL.    If
 such  director after examination of the [prisoner] INCARCERATED INDIVID-
 UAL by an examining physician designated by [him or  her]  THE  DIRECTOR
 shall  determine that such [prisoner] INCARCERATED INDIVIDUAL is in need
 of involuntary care and treatment, the director shall file  an  applica-
 tion  WITHIN  FORTY-EIGHT  HOURS  for the involuntary hospitalization of
 such [prisoner] INCARCERATED INDIVIDUAL pursuant to article nine of  the
 mental hygiene law in a hospital or secure facility, as defined in para-
 graph  b of this subdivision, operated by the office of mental health or
 in the case of [a prisoner] AN INCARCERATED  INDIVIDUAL  confined  in  a
 jail  in a city or county which maintains 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 FORTY-EIGHT 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]
 S. 9126--B                          3
 
 INCARCERATED  INDIVIDUAL  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 [prison-
 er]  INCARCERATED INDIVIDUAL. The jailer or warden having custody of the
 [prisoner] INCARCERATED INDIVIDUAL shall deliver the  [prisoner]  INCAR-
 CERATED  INDIVIDUAL  to  the  hospital or secure facility with which the
 director has filed the application.  If  such  jailer  or  warden  shall
 certify  that  such  [prisoner]  INCARCERATED  INDIVIDUAL  has  a mental
 illness which is likely to result in serious harm to [himself,  herself]
 THEMSELF  or  others  and  for  which  care in a psychiatric hospital is
 appropriate such jailer or warden shall effect  the  admission  of  such
 [prisoner]  INCARCERATED  INDIVIDUAL  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 [prisoner]
 INCARCERATED INDIVIDUAL.  Upon admission of the [prisoner]  INCARCERATED
 INDIVIDUAL,  pursuant to section 9.37 or 9.39 of the mental hygiene law,
 the jailer or warden shall notify the director, the [prisoner's]  INCAR-
 CERATED  INDIVIDUAL'S  attorney, and [his or her] THE INCARCERATED INDI-
 VIDUAL'S family, where information about the family is available.  While
 the  [prisoner] INCARCERATED INDIVIDUAL is in the hospital, other than a
 secure facility, [he or she] SUCH INCARCERATED INDIVIDUAL  shall  remain
 in  the custody under sufficient guard of the jailer or warden in charge
 of the jail from which [he or she] SUCH  INCARCERATED  INDIVIDUAL  came.
 When the [prisoner] INCARCERATED INDIVIDUAL 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]  AN  INCARCERATED
 INDIVIDUAL  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 INCARCERATED INDIVIDUAL has improved sufficiently
 in [his or her] THEIR mental illness so that hospitalization is no long-
 er necessary or until ordered by the court to be returned  to  the  jail
 whichever  comes  first and in either event, the [prisoner] INCARCERATED
 INDIVIDUAL shall thereupon be returned to jail.   The cost of  the  care
 and treatment of such [prisoners] INCARCERATED INDIVIDUALS in the hospi-
 tal  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 FORTY-EIGHT 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 SUCH FACILITY SHALL NOTIFY THE INDIVIDUAL'S NEXT OF KIN
 OR ANY OTHER PERSON DESIGNATED AS THE REPRESENTATIVE OF SUCH INDIVIDUAL,
 PROVIDED THAT CONTACT INFORMATION IS AVAILABLE.
   2. IF AN INCARCERATED INDIVIDUAL OR ANY OTHER INDIVIDUAL IN THE CUSTO-
 DY OF A LOCAL CORRECTIONAL FACILITY HAS BEEN TRANSFERRED  TO  A  MEDICAL
 S. 9126--B                          4
 
 FACILITY  AND  IS  UNRESPONSIVE,  DIAGNOSED  WITH THE FAILURE OF A MAJOR
 ORGAN, OR IN NEED OF MAJOR  LIFE-SAVING  SURGERY,  SUCH  FACILITY  SHALL
 ALLOW  THE  NEXT  OF KIN OR ANY OTHER PERSON DESIGNATED AS THE REPRESEN-
 TATIVE OF SUCH INDIVIDUAL VISITATION AS SOON AS IS PRACTICABLE.
   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;
   (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. 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.
   § 6. This act shall take effect immediately.

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Senate Bill S9126B

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