Bill
S 9126
Requires rapid mental health/medical crisis response for incarcerated individuals, ensures hospital placement when needed, and mandates notifying and allowing kin visitation within
Title: Enacts "India's law"
Purpose and intent
- The bill establishes a policy framework aimed at ensuring timely diagnosis, treatment, and appropriate placement for incarcerated individuals experiencing mental health crises or severe medical issues.
- It specifically references and seeks to prevent deaths connected to mental health crises and custodial neglect, citing the death of India Cummings in Erie County as a motivating example.
- The overarching goal is to involve families in serious medical or mental health events and to transfer affected individuals to appropriate facilities when needed.
Key provisions and changes
1) Mental health crisis response in jails (amendment to Correction Law)
- The bill amends subdivision 2, paragraph a, and adds a new subdivision 3 to Section 508 of the Correction Law.
- Process when a jail physician and warden determine a prisoner needs involuntary care and transfer to a psychiatric hospital:
- The warden must notify the jail director within 24 hours.
- The director must arrange for treatment, and, after examination, file an involuntary hospitalization application within 24 hours for admission to a hospital or secure facility (under Mental Hygiene Law Article 9) and obtain two physician certificates.
- The inmate is admitted to the designated facility; the jailer/warden must notify the director, the inmate’s attorney, and the inmate’s family (where available).
- While in the hospital (non-secure facility), the inmate remains under jail custody; in a secure facility, custody may be transferred to the Commissioner of Mental Health.
- The inmate can be retained at the hospital/secure facility until improvement or a court order for return to jail, with costs covered under Mental Hygiene Law provisions.
- A related provision authorizes the chief medical officer of a local correctional facility, with the sheriff, to send an incarcerated individual to a hospital/secure facility when behavior indicates likely serious harm, unless a judge approves release.
2) Notice-to-next-of-kin requirement (new Section 500-r)
- Within 24 hours of a serious medical event or behavior likely to result in serious harm, the local correctional facility must notify the incarcerated individual’s next of kin or designated representative, if contact information is available.
- The facility must also allow immediate visitation by the next of kin or designated representative within 24 hours of such events.
- Definitions:
- “Likelihood to result in serious harm” aligns with the definition in Correction Law section 5008(2).
- “Serious medical event” includes: inpatient hospitalization, surgery with general anesthesia, life-threatening illness or injury, condition impairing communication, significant permanent impairment or disfigurement, terminal illness with <=6 months prognosis, transfer to ICU, attempted suicide, or other conditions likely to cause significant pain, disability, or death if untreated.
3) Severability and effective date
- Standard severability clause; act takes effect immediately.
Affected parties and potential impact
- Incarcerated individuals in New York jails, particularly those experiencing mental health crises or acute medical conditions.
- Jail administrators, sheriffs, wardens, and local correctional facility medical staff.
- Family members or designated representatives of incarcerated individuals (notice and visitation rights).
- State mental health authorities and the Office of Mental Health (due to transfer and treatment provisions).
- The bill emphasizes timely medical/mental health intervention, potential earlier hospital admission, and greater family involvement.
Procedural notes
- Referred to the Senate Committee on Crime Victims, Crime and Correction (Feb 5, 2026).
- Amended and rereferred to Crime Victims, Crime and Correction (April 16, 2026) with a new measure number (9126A) indicating potential changes or clarifications during the committee process.
- Takes effect immediately upon enactment.
Overall, India’s Law aims to formalize rapid response protocols for mental health crises and serious medical events in custody, establish mandatory notice to next of kin, and facilitate appropriate medical placement while preserving jail custody and ensuring family involvement.
Compiled from official sources — confirm details with the bill’s official record.
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