New York 2025-2026 Regular Session

New York Senate Bill S09126

Introduced
2/5/26  

Caption

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; and within twenty-four hours from such conditions, the acting medical director shall apply for the incarcerated individual's transfer to a medical facility.

Impact

The potential impact of S09126 on New York's state laws includes significant changes in how correctional facilities handle medical emergencies and mental health issues among inmates. By requiring timely communication with family members, the bill seeks to prevent future tragedies similar to that of India Cummings by ensuring appropriate medical attention and support is provided to inmates in need. Should this bill be enacted, it will amend existing laws to incorporate family involvement in healthcare decisions for incarcerated individuals, promoting better outcomes and potentially reducing fatalities related to mental health crises.

Summary

Bill S09126, known as 'India's Law', aims to enhance the rights and treatment of incarcerated individuals experiencing serious medical events or mental health crises. The bill was inspired by the tragic case of India Cummings, an inmate whose death in custody was attributed to medical neglect. This legislation mandates that local correctional facilities notify the next of kin when an individual in their custody either experiences a severe medical event or demonstrates behavior likely to cause harm to themselves or others. The bill further stipulates that the next of kin must be granted immediate visitation to ensure family involvement in critical health decisions.

Contention

While the bill is largely seen as a necessary reform to protect the rights of those involved in the criminal justice system, it could face certain contentions. Opponents may argue that the efficiencies and protocols within correctional facilities could be hindered by the requirement of notifying families, which might be perceived as bureaucratic or overly cumbersome in emergency situations. Proponents counter that the law addresses a clear gap in accountability and demonstrates a commitment to humane treatment behind bars, thereby supporting its necessity to protect vulnerable populations.

Companion Bills

NY A10718

Same As 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; and within twenty-four hours from such conditions, the acting medical director shall apply for the incarcerated individual's transfer to a medical facility.

Previously Filed As

NY A10718

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; and within twenty-four hours from such conditions, the acting medical director shall apply for the incarcerated individual's transfer to a medical facility.

NY S07983

Relates to required notification of an incarcerated individual's emergency contacts when such incarcerated individual experiences a serious medical event; provides that incarcerated individuals and their representatives shall have the right to access such incarcerated individual's medical records; provides requirements for access to such medical records; establishes an independent medical oversight body to monitor and evaluate the quality of medical care provided to incarcerated individuals within correctional facilities and to ensure compliance with constitutional and statutory requirements for adequate medical care; provides penalties for certain violations; requires the department of corrections and community supervision to collect data on medical incidents, response times, and correctional facility compliance with certain requirements, and to publish an annual report detailing such data.

NY A07576

Relates to required notification of an incarcerated individual's emergency contacts when such incarcerated individual experiences a serious medical event; provides that incarcerated individuals and their representatives shall have the right to access such incarcerated individual's medical records; provides requirements for access to such medical records; requires the department of corrections and community supervision to collect data on medical incidents and response times, and to publish an annual report detailing such data.

NY S02509

Relates to the transfer of incarcerated individuals from a county jail to a state correctional institution when such county jail becomes unsafe for the confinement of incarcerated individuals due to extraordinary circumstances.

NY A06136

Relates to the transfer of incarcerated individuals from a county jail to a state correctional institution when such county jail becomes unsafe for the confinement of incarcerated individuals due to extraordinary circumstances.

NY HB1470

Medicaid coverage for incarcerated individuals.

NY S08033

Prohibits incarcerated individuals who are determined to suffer from a substance use disorder for which there is no FDA approved addiction medications from being administered medication approved for a different disorder.

NY A06666

Requires the commissioner of corrections and community supervision to make correctional facility water testing results accessible directly, upon request, to incarcerated individuals and correctional facility staff in such facilities and make such water testing results available to the public on the website of the department.

NY A05478

Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated individuals based upon gender identity; requires that incarcerated individuals in state and local correctional facilities who have a gender identity different from their assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated individuals shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

NY S01049

Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated individuals based upon gender identity; requires that incarcerated individuals in state and local correctional facilities who have a gender identity different from their assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated individuals shall be placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

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HI SB2688

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CA AB1269

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CA SB337

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TN HB0674

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