N.Y. Correction Law § 137: Program of treatment, control, discipline at correctional facilities

§ 137. Program of treatment, control, discipline at correctional

facilities. 1. The commissioner shall establish program and

classification procedures designed to assure the complete study of the

background and condition of each incarcerated individual in the care or

custody of the department and the assignment of such incarcerated

individual to a program that is most likely to be useful in assisting

him or her to refrain from future violations of the law. Such procedures

shall be incorporated into the rules and regulations of the department

and shall require among other things: consideration of the physical,

mental and emotional condition of the incarcerated individual;

consideration of his or her educational and vocational needs; enrollment

of each incarcerated individual in assigned programs as soon as

practicable; consideration of the danger he or she presents to the

community or to other incarcerated individuals; the recording of

continuous case histories including notations as to apparent success or

failure of treatment employed; and periodic review of case histories and

treatment methods used.

2. The commissioner shall provide for such measures as he or she may

deem necessary or appropriate for the safety, security and control of

correctional facilities and the maintenance of order therein.

3. Each incarcerated individual shall be entitled to clothing suited

to the season and weather conditions and to a sufficient quantity of

wholesome and nutritious food. To the extent practicable, the clothing

and bedding of incarcerated individuals shall be manufactured and

laundered in institutions in the department.

3-a. The commissioner shall establish a program to purchase fresh

produce from farms located in the state and distribute such fresh

produce to correctional facilities in the state to be utilized in the

provision of wholesome and nutritious food to incarcerated individuals

pursuant to the provisions of this section.

4. Whenever there shall be a sufficient number of cells or rooms in a

correctional facility, each incarcerated individual shall be given

sleeping accommodations in a separate cell or room, provided, however,

that nothing herein contained shall be construed so as to limit the

right of the department to utilize dormitory-type accommodations where

necessary or where appropriate to a program of treatment.

5. No incarcerated individual in the care or custody of the department

shall be subjected to degrading treatment, and no officer or other

employee of the department shall inflict any blows whatever upon any

incarcerated individual, unless in self defense, or to suppress a revolt

or insurrection. When any incarcerated individual, or group of

incarcerated individuals, shall offer violence to any person, or do or

attempt to do any injury to property, or attempt to escape, or resist or

disobey any lawful direction, the officers and employees shall use all

suitable means to defend themselves, to maintain order, to enforce

observation of discipline, to secure the persons of the offenders and to

prevent any such attempt or escape.

6. Except as provided in paragraphs (d) and (e) of this subdivision,

the superintendent of a correctional facility may keep any incarcerated

individual confined in a cell or room, apart from the accommodations

provided for incarcerated individuals who are participating in programs

of the facility, for such period as may be necessary for maintenance of

order or discipline, but in any such case the following conditions shall

be observed:

(a) The incarcerated individual shall be supplied with a sufficient

quantity of wholesome and nutritious food;

(b) Adequate sanitary and other conditions required for the health of

the incarcerated individual shall be maintained;

(c) Where such confinement is for a period in excess of twenty-four

hours, the superintendent shall arrange for the facility health services

director, or a registered nurse or physician's associate approved by the

facility health services director to visit such incarcerated individual

at the expiration of twenty-four hours and at least once in every

twenty-four hour period thereafter, during the period of such

confinement, to examine into the state of health of the incarcerated

individual, and the superintendent shall give full consideration to any

recommendation that may be made by the facility health services director

for measures with respect to dietary needs or conditions of confinement

of such incarcerated individual required to maintain the health of such

incarcerated individual; and

(d) (i) Except as set forth in clause (E) of subparagraph (ii) of this

paragraph, the department, in consultation with mental health

clinicians, shall divert or remove incarcerated individuals with serious

mental illness, as defined in paragraph (e) of this subdivision, from

segregated confinement or confinement in a residential rehabilitation

unit, where such confinement could potentially be for a period in excess

of thirty days, to a residential mental health treatment unit. Nothing

in this paragraph shall be deemed to prevent the disciplinary process

from proceeding in accordance with department rules and regulations for

disciplinary hearings.

(ii) (A) Upon placement of an incarcerated individual into segregated

confinement or a residential rehabilitation unit at a level one or level

two facility, a suicide prevention screening instrument shall be

administered by staff from the department or the office of mental health

who has been trained for that purpose. If such a screening instrument

reveals that the incarcerated individual is at risk of suicide, a mental

health clinician shall be consulted and appropriate safety precautions

shall be taken. Additionally, within one business day of the placement

of such an incarcerated individual into segregated confinement at a

level one or level two facility or a residential rehabilitation unit,

the incarcerated individual shall be assessed by a mental health

clinician.

(B) Upon placement of an incarcerated individual into segregated

confinement or a residential rehabilitation unit at a level three or

level four facility, a suicide prevention screening instrument shall be

administered by staff from the department or the office of mental health

who has been trained for that purpose. If such a screening instrument

reveals that the incarcerated individual is at risk of suicide, a mental

health clinician shall be consulted and appropriate safety precautions

shall be taken. All incarcerated individuals placed in segregated

confinement or a residential rehabilitation unit at a level three or

level four facility shall be assessed by a mental health clinician,

within seven days of such placement into segregated confinement.

(C) At the initial assessment, if the mental health clinician finds

that an incarcerated individual suffers from a serious mental illness,

that person shall be diverted or removed from segregated confinement or

a residential rehabilitation unit and a recommendation shall be made

whether exceptional circumstances, as described in clause (E) of this

subparagraph, exist. In a facility with a joint case management

committee, such recommendation shall be made by such committee. In a

facility without a joint case management committee, the recommendation

shall be made jointly by a committee consisting of the facility's

highest ranking mental health clinician, the deputy superintendent for

security, and the deputy superintendent for program services, or their

equivalents. Any such recommendation shall be reviewed by the joint

central office review committee. The administrative process described in

this clause shall be completed within seven days of the initial

assessment, and if the result of such process is that the incarcerated

individual should be removed from segregated confinement or a

residential rehabilitation unit, such removal shall occur as soon as

practicable, but in no event more than seventy-two hours from the

completion of the administrative process. Pursuant to paragraph (h) of

this subdivision, nothing in this section shall permit the placement of

an incarcerated person with serious mental illness into segregated

confinement at any time, even for the purposes of assessment.

(D) If an incarcerated individual with a serious mental illness is not

diverted or removed to a residential mental health treatment unit, such

incarcerated individual shall be diverted to a residential

rehabilitation unit and reassessed by a mental health clinician within

fourteen days of the initial assessment and at least once every fourteen

days thereafter. After each such additional assessment, a recommendation

as to whether such incarcerated individual should be removed from a

residential rehabilitation unit shall be made and reviewed according to

the process set forth in clause (C) of this subparagraph.

(E) A recommendation or determination whether to remove an

incarcerated individual from segregated confinement or a residential

rehabilitation unit shall take into account the assessing mental health

clinicians' opinions as to the incarcerated individual's mental

condition and treatment needs, and shall also take into account any

safety and security concerns that would be posed by the incarcerated

individual's removal, even if additional restrictions were placed on the

incarcerated individual's access to treatment, property, services or

privileges in a residential mental health treatment unit. A

recommendation or determination shall direct the incarcerated

individual's removal from segregated confinement or a residential

rehabilitation unit except in the following exceptional circumstances:

(1) when the reviewer finds that removal would pose a substantial risk

to the safety of the incarcerated individual or other persons, or a

substantial threat to the security of the facility, even if additional

restrictions were placed on the incarcerated individual's access to

treatment, property, services or privileges in a residential mental

health treatment unit; or (2) when the assessing mental health clinician

determines that such placement is in the incarcerated individual's best

interests based on his or her mental condition and that removing such

incarcerated individual to a residential mental health treatment unit

would be detrimental to his or her mental condition. Any determination

not to remove an incarcerated individual with serious mental illness

from a residential rehabilitation unit shall be documented in writing

and include the reasons for the determination.

(iii) Incarcerated individuals with serious mental illness who are not

diverted or removed from a residential rehabilitation unit shall be

offered a heightened level of mental health care, involving a minimum of

three hours daily of out-of-cell therapeutic treatment and programming.

This heightened level of care shall not be offered only in the following

circumstances:

(A) The heightened level of care shall not apply when an incarcerated

individual with serious mental illness does not, in the reasonable

judgment of a mental health clinician, require the heightened level of

care. Such determination shall be documented with a written statement of

the basis of such determination and shall be reviewed by the Central New

York Psychiatric Center clinical director or his or her designee. Such a

determination is subject to change should the incarcerated individual's

clinical status change. Such determination shall be reviewed and

documented by a mental health clinician every thirty days, and in

consultation with the Central New York Psychiatric Center clinical

director or his or her designee not less than every ninety days.

(B) The heightened level of care shall not apply in exceptional

circumstances when providing such care would create an unacceptable risk

to the safety and security of incarcerated individuals or staff. Such

determination shall be documented by security personnel together with

the basis of such determination and shall be reviewed by the facility

superintendent, in consultation with a mental health clinician, not less

than every seven days for as long as the incarcerated individual remains

in a residential rehabilitation unit. The facility shall attempt to

resolve such exceptional circumstances so that the heightened level of

care may be provided. If such exceptional circumstances remain

unresolved for thirty days, the matter shall be referred to the joint

central office review committee for review.

(iv) All incarcerated individuals in segregated confinement in a level

one or level two facility or a residential rehabilitation unit who are

not assessed with a serious mental illness at the initial assessment

shall be offered at least one interview with a mental health clinician

within seven days of their initial mental health assessment, unless the

mental health clinician at the most recent interview recommends an

earlier interview or assessment. All incarcerated individuals in a

residential rehabilitation unit in a level three or level four facility

who are not assessed with a serious mental illness at the initial

assessment shall be offered at least one interview with a mental health

clinician within thirty days of their initial mental health assessment,

and additional interviews at least every ninety days thereafter, unless

the mental health clinician at the most recent interview recommends an

earlier interview or assessment.

(e) An incarcerated individual has a serious mental illness when he or

she has been determined by a mental health clinician to meet at least

one of the following criteria:

(i) he or she has a current diagnosis of, or is diagnosed at the

initial or any subsequent assessment conducted during the incarcerated

individual's segregated confinement with, one or more of the following

types of Axis I diagnoses, as described in the most recent edition of

the Diagnostic and Statistical Manual of Mental Disorders, and such

diagnoses shall be made based upon all relevant clinical factors,

including but not limited to symptoms related to such diagnoses:

(A) schizophrenia (all sub-types),

(B) delusional disorder,

(C) schizophreniform disorder,

(D) schizoaffective disorder,

(E) brief psychotic disorder,

(F) substance-induced psychotic disorder (excluding intoxication and

withdrawal),

(G) psychotic disorder not otherwise specified,

(H) major depressive disorders, or

(I) bipolar disorder I and II;

(ii) he or she is actively suicidal or has engaged in a recent,

serious suicide attempt;

(iii) he or she has been diagnosed with a mental condition that is

frequently characterized by breaks with reality, or perceptions of

reality, that lead the individual to experience significant functional

impairment involving acts of self-harm or other behavior that have a

seriously adverse effect on life or on mental or physical health;

(iv) he or she has been diagnosed with an organic brain syndrome that

results in a significant functional impairment involving acts of

self-harm or other behavior that have a seriously adverse effect on life

or on mental or physical health;

(v) he or she has been diagnosed with a severe personality disorder

that is manifested by frequent episodes of psychosis or depression, and

results in a significant functional impairment involving acts of

self-harm or other behavior that have a seriously adverse effect on life

or on mental or physical health; or

(vi) he or she has been determined by a mental health clinician to

have otherwise substantially deteriorated mentally or emotionally while

confined in segregated confinement and is experiencing significant

functional impairment indicating a diagnosis of serious mental illness

and involving acts of self-harm or other behavior that have a serious

adverse effect on life or on mental or physical health.

(f) The superintendent shall make a full report to the commissioner at

least once a week concerning the condition of such incarcerated

individual and shall forthwith report to the commissioner any

recommendation relative to health maintenance or health care delivery

made by the facility health services director and any recommendation

relative to mental health treatment or confinement of an incarcerated

individual with a serious mental illness made by the mental health

clinician pursuant to paragraphs (d) and (e) of this subdivision that is

not endorsed or carried out, as the case may be, by the superintendent.

(g) Within twenty-four hours of disciplinary confinement, keeplock

pending a disciplinary hearing, placement in a segregated confinement

unit for administrative purposes, or placement in a residential mental

health treatment unit, and at weekly intervals thereafter for the

duration of such confinement, an incarcerated individual shall be

permitted to make at least one personal phone call, except when to do so

would create an unacceptable risk to the safety and security of

incarcerated individuals or staff.

(h) Persons in a special population as defined in subdivision

thirty-three of section two of this chapter shall not be placed in

segregated confinement for any length of time, except in keeplock for a

period prior to a disciplinary hearing pursuant to paragraph (l) of this

subdivision. Individuals in a special population who are in keeplock

prior to a disciplinary hearing shall be given seven hours a day

out-of-cell time or shall be transferred to a residential rehabilitation

unit or residential mental health treatment unit as expeditiously as

possible, but in no case longer than forty-eight hours from the time an

individual is admitted to keeplock.

(i) (i) No person may be placed in segregated confinement for longer

than necessary and no more than fifteen consecutive days. Nor shall any

person be placed in segregated confinement for more than twenty total

days within any sixty day period except as otherwise provided in

subparagraph (ii) of this paragraph. At these limits, he or she must be

released from segregated confinement or diverted to a separate

residential rehabilitation unit. If placement of such person in

segregated confinement would exceed the twenty-day limit and the

department establishes that the person committed an act defined in

subparagraph (ii) of paragraph (k) of this subdivision, the department

may place the person in segregated confinement until admission to a

residential rehabilitation unit can be effectuated. Such admission to a

residential rehabilitation unit shall occur as expeditiously as possible

and in no case take longer than forty-eight hours from the time such

person is placed in segregated confinement.

(ii) For offenses determined pursuant to paragraph (l) of this

subdivision to constitute a violent felony act defined in subparagraph

(ii) of paragraph (k) of this subdivision, if occurring more than one

time within any sixty day period, up to an additional fifteen

consecutive days in segregated confinement may occur for each such

additional incident. If such subsequent incident takes place in a

residential rehabilitation unit or general population, the person may be

returned to segregated confinement for up to fifteen consecutive days.

If such subsequent incident takes place in segregated confinement and

causes physical injury to another person, the person may receive up to

an additional fifteen consecutive days in segregated confinement,

provided however that the person must spend at least fifteen days in a

residential rehabilitation unit in between each placement of up to

fifteen consecutive days in segregated confinement. Custody under this

subparagraph shall otherwise be in accordance with this chapter.

(j) (i) All segregated confinement and residential rehabilitation

units shall create the least restrictive environment necessary for the

safety of incarcerated persons, staff, and the security of the facility.

(ii) Persons in segregated confinement shall be offered out-of-cell

programming at least four hours per day, including at least one hour for

recreation. Persons admitted to residential rehabilitation units shall

be offered at least six hours of daily out-of-cell congregate

programming, services, treatment, recreation, activities and/or meals,

with an additional minimum of one hour for recreation. Recreation in all

residential rehabilitation units shall take place in a congregate

setting, unless exceptional circumstances mean doing so would create a

significant and unreasonable risk to the safety and security of other

incarcerated persons, staff, or the facility. Persons in segregated

confinement and residential rehabilitation units shall be offered

programming led by program or therapeutic staff five days per week,

except on recognized state legal holidays. All other out-of-cell time

may include peer-led programs, time in a day room or out-of-cell

recreation area with other people, congregate meals, volunteer programs,

or other congregate activities.

(iii) No limitation on services, treatment, or basic needs such as

clothing, food and bedding shall be imposed as a form of punishment. If

provision of any such services, treatment or basic needs to an

individual would create a significant and unreasonable risk to the

safety and security of incarcerated persons, staff, or the facility,

such services, treatment or basic needs may be withheld until it

reasonably appears that the risk has ended. The department shall not

impose restricted diets or any other change in diet as a form of

punishment. Persons in a residential rehabilitation unit shall have

access to all of their personal property unless an individual

determination is made that having a specific item would pose a

significant and unreasonable risk to the safety of incarcerated persons

or staff or the security of the unit.

(iv) Upon admission to a residential rehabilitation unit, program and

mental health staff shall administer assessments and develop an

individual rehabilitation plan in consultation with the resident, based

upon his or her medical, mental health, and programming needs. Such plan

shall identify specific goals and programs, treatment, and services to

be offered, with projected time frames for completion and discharge from

the residential rehabilitation unit.

(v) An incarcerated person in a residential rehabilitation unit shall

have access to programs and work assignments comparable to core programs

and types of work assignments in general population. Such incarcerated

persons shall also have access to additional out-of-cell,

trauma-informed therapeutic programming aimed at promoting personal

development, addressing underlying causes of problematic behavior

resulting in placement in a residential rehabilitation unit, and helping

prepare for discharge from the unit and to the community.

(vi) If the department establishes that a person committed an act

defined in subparagraph (ii) of paragraph (k) of this subdivision while

in segregated confinement or a residential rehabilitation unit and poses

a significant and unreasonable risk to the safety and security of other

incarcerated persons or staff, the department may restrict such person's

participation in programming and out-of-cell activities as necessary for

the safety of other incarcerated persons and staff. If such restrictions

are imposed, the department must provide at least four hours out-of-cell

time daily, including at least two hours of therapeutic programming and

two hours of recreation, and must make reasonable efforts to reinstate

access to programming as soon as possible. In no case may such

restrictions extend beyond fifteen days unless the person commits a new

act defined herein justifying restrictions on program access, or if the

commissioner and, when appropriate, the commissioner of mental health

personally reasonably determine that the person poses an extraordinary

and unacceptable risk of imminent harm to the safety or security of

incarcerated persons or staff. Any extension of program restrictions

beyond fifteen days must be meaningfully reviewed and approved at least

every fifteen days by the commissioner and, when appropriate, by the

commissioner of mental health. Each review must consider the impact of

therapeutic programming provided during the fifteen-day period on the

person's risk of imminent harm and the commissioner must articulate in

writing, with a copy provided to the incarcerated person, the specific

reason why the person currently poses an extraordinary and unacceptable

risk of imminent harm to the safety or security of incarcerated persons

or staff. In no case may restrictions imposed by the commissioner extend

beyond ninety days unless the person commits a new act defined herein

justifying restrictions on program access.

(vii) Restraints shall not be used when incarcerated persons are

participating in out-of-cell activities within a residential

rehabilitation unit unless an individual assessment is made that

restraints are required because of a significant and unreasonable risk

to the safety and security of other incarcerated persons or staff.

(k) (i) The department may place a person in segregated confinement

for up to three consecutive days and no longer than six days in any

thirty day period if, pursuant to an evidentiary hearing, it determines

that the person violated department rules which permit a penalty of

segregated confinement. The department may not place a person in

segregated confinement for longer than three consecutive days or six

days total in a thirty day period unless the provisions of subparagraph

(ii) of this paragraph are met.

(ii) The department may place a person in segregated confinement

beyond the limits of subparagraph (i) of this paragraph or in a

residential rehabilitation unit only if, pursuant to an evidentiary

hearing, it determines by written decision that the person committed one

of the following acts and if the commissioner or his or her designee

determines in writing based on specific objective criteria the acts were

so heinous or destructive that placement of the individual in general

population housing creates a significant risk of imminent serious

physical injury to staff or other incarcerated persons, and creates an

unreasonable risk to the security of the facility:

(A) causing or attempting to cause serious physical injury or death to

another person or making an imminent threat of such serious physical

injury or death if the person has a history of causing such physical

injury or death and the commissioner and, when appropriate, the

commissioner of mental health or their designees reasonably determine

that there is a strong likelihood that the person will carry out such

threat. The commissioner of mental health or his or her designee shall

be involved in such determination if the person is or has been on the

mental health caseload or appears to require psychiatric attention. The

department and the office of mental health shall promulgate rules and

regulations pertaining to this clause;

(B) compelling or attempting to compel another person, by force or

threat of force, to engage in a sexual act;

(C) extorting another, by force or threat of force, for property or

money;

(D) coercing another, by force or threat of force, to violate any

rule;

(E) leading, organizing, inciting, or attempting to cause a riot,

insurrection, or other similarly serious disturbance that results in the

taking of a hostage, major property damage, or physical harm to another

person;

(F) procuring a deadly weapon or other dangerous contraband that poses

a serious threat to the security of the institution; or

(G) escaping, attempting to escape or facilitating an escape from a

facility or escaping or attempting to escape while under supervision

outside such facility.

For purposes of this section, attempting to cause a serious

disturbance or to escape shall only be determined to have occurred if

there is a clear finding that the incarcerated individual had the intent

to cause a serious disturbance or the intent to escape and had completed

significant acts in the advancement of the attempt to create a serious

disturbance or escape. Evidence of withdrawal or abandonment of a plan

to cause a serious disturbance or to escape shall negate a finding of

intent.

(iii) No person may be placed in segregated confinement or a

residential rehabilitation unit based on the same act or incident that

was previously used as the basis for such placement.

(iv) No person may be held in segregated confinement for protective

custody. Any unit used for protective custody must, at a minimum,

conform to requirements governing residential rehabilitation units.

(l) All hearings to determine if a person may be placed in segregated

confinement shall occur prior to placement in segregated confinement

unless a security supervisor, with written approval of a facility

superintendent or designee, reasonably believes the person fits the

specified criteria for segregated confinement in subparagraph (ii) of

paragraph (k) of this subdivision. If a hearing does not take place

prior to placement, it shall occur as soon as reasonably practicable and

at most within five days of such placement unless the charged person

seeks a postponement of the hearing. Persons at such hearings shall be

permitted to be represented by any attorney or law student, or by any

paralegal or incarcerated person unless the department reasonably

disapproves of such paralegal or incarcerated person based upon

objective written criteria developed by the department.

(m) (i) Any sanction imposed on an incarcerated person requiring

segregated confinement shall run while the person is in a residential

rehabilitation unit and the person shall be discharged from the unit

before or at the time such sanction expires. If a person successfully

completes his or her rehabilitation plan before the sanction expires,

the person shall have a right to be discharged from the unit upon such

completion.

(ii) If an incarcerated person has not been discharged from a

residential rehabilitation unit within one year of initial admission to

such a unit or is within sixty days of a fixed or tentatively approved

date for release from a correctional facility, he or she shall have a

right to be discharged from the unit unless he or she committed an act

listed in subparagraph (ii) of paragraph (k) of this subdivision within

the prior one hundred eighty days and he or she poses a significant and

unreasonable risk to the safety or security of incarcerated persons or

staff. In any such case the decision not to discharge such person shall

be immediately and automatically subjected to an independent review by

the commissioner and the commissioner of mental health or their

designees. A person may remain in a residential rehabilitation unit

beyond the time limits provided in this section if both commissioners or

both of their designees approve this decision. In extraordinary

circumstances, a person who has not committed an act listed in

subparagraph (ii) of paragraph (k) of this subdivision within the prior

one hundred eighty days, may remain in a residential rehabilitation unit

beyond the time limits provided in this section if both the commissioner

and the commissioner of mental health personally determine that such

individual poses an extraordinary and unacceptable risk of imminent harm

to the safety or security of incarcerated persons or staff.

(iii) There shall be a meaningful periodic review of the status of

each incarcerated person in a residential rehabilitation unit at least

every sixty days to assess the person's progress and determine if the

person should be discharged from the unit. Following such periodic

review, if the person is not discharged from the unit, program and

mental health staff shall specify in writing the reasons for the

determination and the program, treatment, service, and/or corrective

action required before discharge. The incarcerated person shall be given

access to the programs, treatment and services specified, and shall have

a right to be discharged from the residential rehabilitation unit upon

the successful fulfillment of such requirements.

(iv) When an incarcerated person is discharged from a residential

rehabilitation unit, any remaining time to serve on any underlying

disciplinary sanction shall be dismissed. If an incarcerated person

substantially completes his or her rehabilitation plan, he or she shall

have any associated loss of good time restored upon discharge from the

unit.

(n) All special housing unit, keeplock unit and residential

rehabilitation unit staff and their supervisors shall undergo

specialized training prior to assignment to such unit, and regular

specialized training thereafter, on substantive content developed in

consultation with relevant experts, on topics including, but not limited

to, the purpose and goals of the non-punitive therapeutic environment,

trauma-informed care, restorative justice, and dispute resolution

methods. Prior to presiding over any hearings, all hearing officers

shall undergo a minimum of thirty-seven hours of training, with one

additional day of training annually thereafter, on relevant topics,

including but not limited to, the physical and psychological effects of

segregated confinement, procedural and due process rights of the

accused, and restorative justice remedies.

(o) The department shall publish monthly reports on its website, with

semi-annual and annual cumulative reports, of the total number of people

who are in segregated confinement and the total number of people who are

in residential rehabilitation units on the first day of each month. The

reports shall provide a breakdown of the number of people in segregated

confinement and in residential rehabilitation units by: (i) age; (ii)

race; (iii) gender; (iv) mental health treatment level; (v) special

health accommodations or needs; (vi) need for and participation in

substance use disorder programs; (vii) pregnancy status; (viii)

continuous length of stay in residential treatment units as well as

length of stay in the past sixty days; (ix) number of days in segregated

confinement; (x) a list of all incidents resulting in sanctions of

segregated confinement by facility and date of occurrence; (xi) the

number of incarcerated persons in segregated confinement by facility;

and (xii) the number of incarcerated persons in residential

rehabilitation units by facility.