2023 New York Laws › COR - Correction › Article 6 - Management of Correctional Facilities › 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.
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.