Senator April Baskin Introduces India’s Law

Strengthening Medical and Mental Health Protections in Correctional Facilities

New legislation in honor of India Cummings would require faster medical intervention in jails, timely family notification

Senator April N.M. Baskin

ALBANY, NY – New York State Senator April N.M. Baskin on Tuesday announced the introduction of India’s Law (S9126A), legislation aimed at ensuring incarcerated individuals experiencing serious medical or mental health crises receive timely care and that their next of kin are promptly notified so they can advocate for their loved ones.

This legislation is named in honor of India Cummings, a 27-year-old woman who died in 2016 after suffering serious physical and mental health deterioration while incarcerated at the Erie County Holding Center in Buffalo. A 2018 report issued by the New York State Commission of Correction concluded that the care Ms. Cummings received was “so grossly incompetent and inadequate as to shock the conscience” and determined her death was a homicide due to medical neglect. However, following a two year investigation, the New York State Attorney General’s Office announced there was insufficient evidence to pursue criminal charges related to Ms. Cummings’ death.

India’s Law would require county correctional facilities to notify an incarcerated individual’s next of kin within 24 hours of a serious medical event or mental health crisis where the individual may pose a danger to themselves or others. The law also requires correctional staff to transfer individuals in need of medical or mental health treatment to an appropriate facility within 24 hours.

Additionally, the legislation requires correctional facilities to provide visitation access to the incarcerated individual’s next of kin or other designated representatives during these crises. India’s Law also compels correctional facilities to notify an incarcerated individual’s next of kin within 24 hours of a death occurring in custody.

“As an Erie County Legislator, I witnessed firsthand the devastating failures that led to India Cummings’ death,” Senator Baskin said, “I worked closely with India’s mother, who believed that if she had been informed sooner about her daughter’s condition, and allowed to advocate for her, India would still be alive today. Family members often know a person’s medical history and needs better than anyone else. India’s Law is about making sure families are not shut out during moments of crisis so they can advocate for their loved ones, and ensuring incarcerated individuals receive timely medical and mental health care before it is too late.”

Assemblymember Eddie Gibbs, who is sponsoring India’s Law in the New York State Assembly, said, “India’s Law is about making sure no family is left in the dark while their loved one suffers a medical or mental health crisis while incarcerated. What happened to India Cummings was a failure in care, communication, and accountability that never should have happened. This legislation creates clear timelines for intervention, requires facilities to notify families within 24 hours of a serious medical or mental health emergency, and helps ensure people receive appropriate treatment before a crisis turns fatal. Too many families have experienced unimaginable loss because of systemic failures like this in our corrections system, and I’m proud to be joining Senator Baskin to say no more.”

“India Cummings should still be here today,” said Senator Jeremy Cooney. “Changes are needed to our correctional system to ensure a similar incident never happens in our state again. I want to thank Senator Baskin for her leadership because incarcerated individuals deserve better, family members deserve better, New Yorkers deserve better.”

“Too many families have experienced unimaginable pain after being left in the dark while a loved one suffered in custody. India’s Law is about accountability, transparency and humanity. Every person deserves timely medical and mental health care, and families deserve the ability to advocate for their loved ones during moments of crisis. I commend Senator Baskin for advancing legislation that helps protect vulnerable individuals and addresses systemic failures that should never be repeated,” said Senator Leroy Comrie.

Assemblymember Demond Meeks said, “What happened to India Cummings was an absolute tragedy: a failure of basic human decency and systemic oversight that should shock the conscience of every New Yorker. When a person is in state custody, the state assumes a fundamental responsibility for their life and well being. India’s Law is a vital, long-overdue step toward ensuring that no other family has to endure the agonizing pain of being left in the dark while their loved one suffers a preventable crisis. By mandating immediate medical intervention and restoring the right of families to advocate for their incarcerated loved ones, this legislation injects urgently needed transparency and humanity into our correctional system. I stand in full support of the efforts to pass India’s Law and bring meaningful accountability to our facilities.”

Center for Community Alternatives, Inc. Upstate Advocacy & Community Organizer Thomas Gant said, “India’s Law is a necessary and humane piece of legislation that recognizes a simple truth: family connection can save lives. So many people enter prison already carrying unresolved trauma, mental health struggles, addiction, grief, and crisis, and incarceration often deepens those wounds instead of healing them. Even for those without prior mental health challenges, prolonged confinement, isolation, hopelessness, and the lack of meaningful rehabilitative support can create or exacerbate a crisis. India’s Law ensures that when an incarcerated person is experiencing a serious medical or mental health emergency, their loved ones are notified and allowed to be involved. Families help keep people tethered to their humanity during moments of despair and crisis. I know this personally because staying connected to family helped sustain me through incarceration. Ten years after the tragic and preventable death of India Cummings, New York must act to ensure no other family experiences such a loss. I strongly urge the Legislature to pass India’s Law this session.”

VOICE Buffalo Executive Director Tyrell Ford said, “India’s law introduces a clear figure designated to intervene during mental health emergencies in correctional facilities. This development fosters accountability and promotes collaboration between correctional centers and healthcare proxies – something that was missing in the past and could have prevented self-harm or even fatalities.”

On Feb. 21, 2016, India Cummings died at Buffalo General Hospital after her physical and mental health deteriorated over the two weeks, she spent incarcerated at the Erie County Holding Center. Investigations later revealed prolonged failures to provide adequate medical treatment, despite Ms. Cummings showing clear signs of severe distress, dehydration, confusion, and physical decline.

India’s Law seeks to address those systemic failures by creating enforceable timelines for notification and treatment, helping ensure no family is left in the dark while a loved one suffers from a medical or mental health crisis in custody.