New York A 10718: Enacts "India's law"

Bill Text

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A10718 Summary:

BILL NOA10718B

&nbsp

SAME ASSAME AS S09126-B

&nbsp

SPONSORGibbs

&nbsp

COSPNSRBichotte Hermelyn, Meeks, Anderson

&nbsp

MLTSPNSR

&nbsp

Amd §508, add §500-r, Cor L

&nbsp

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.

Go to top A10718 Actions:

BILL NOA10718B

&nbsp

03/27/2026referred to correction

04/22/2026amend and recommit to correction

04/22/2026print number 10718a

06/01/2026amend and recommit to correction

06/01/2026print number 10718b

Go to topA10718 Committee&nbspVotes:

Go to topA10718 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10718 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10718--B

 IN ASSEMBLY

 March 27, 2026
 ___________

 Introduced by M. of A. GIBBS, BICHOTTE HERMELYN, MEEKS, ANDERSON -- read
 once and referred to the Committee on Correction -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee -- again reported from said committee with amend-
 ments, 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:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 "India's law".
 3 § 2. Legislative findings and intent. This legislature has repeatedly
 4 observed and called attention to the severe issues associated with
 5 incarcerated persons in the Erie County Sheriff Office's Division of
 6 Jail Management. This includes incarcerated individuals who have mental
 7 health problems and issues. Unfortunately, these mental health struggles
 8 coupled with custodial negligence, have led to the deaths of many incar-
 9 cerated individuals of the Erie County Sheriff Office's Division of Jail
 10 Management.
 11 These issues were highlighted in the death of Erie County Holding
 12 Center incarcerated individual India Cummings in February 2016. The New
 13 York State Commission of Correction issued a report in July 2018 on the
 14 death of Ms. Cummings in which their Medical Review Board ruled the
 15 death as a homicide due to medical neglect. The report highlighted
 16 several instances wherein Ms. Cummings' mental state was not properly
 17 diagnosed and treated and healthcare provided to her was deficient. She
 18 displayed behaviors consistent with a mental health crisis and behavior
 19 associated with injury/illness. During her incarceration, Ms. Cummings
 20 was evaluated by two physicians who separately determined she was
 21 suffering a serious mental health episode, but she was kept in custody
 22 without adequate care.
 23 The intention of this law is to create a policy to help ensure incar-
 24 cerated individuals experiencing a mental health crisis or episode are
 25 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.
 LBD14521-08-6

 A. 10718--B 2

 1 to ensure they receive adequate care and treatment which will prevent
 2 further deterioration and possible death.
 3 By way of comparison, the New York State Department of Corrections and
 4 Community Supervision maintains a policy providing for notification to
 5 an incarcerated individual's next-of-kin when an incarcerated individual
 6 dies in custody, as well as a policy notifying an incarcerated individ-
 7 ual's next-of-kin when their family member is experiencing grave
 8 illness. However, the State does not maintain a policy to notify the
 9 family members of incarcerated individuals when they are displaying
 10 behaviors that can lead to a fatality.
 11 State mental hygiene law requires that the involuntary admission to a
 12 mental health facility of an individual requires notice to the closest
 13 living relative of the person alleged to be mentally ill.
 14 The Health Insurance Portability and Accountability Act o