§ 137 — Program of treatment, control, discipline at correctional facilities

New York § 137

• Jurisdiction: New York
• Law COR: Correction
• Art. 6: Management of Correctional Facilities

Text

§ 137. Program of treatment, control, discipline at correctional\nfacilities. 1. The commissioner shall establish program and\nclassification procedures designed to assure the complete study of the\nbackground and condition of each incarcerated individual in the care or\ncustody of the department and the assignment of such incarcerated\nindividual to a program that is most likely to be useful in assisting\nhim or her to refrain from future violations of the law. Such procedures\nshall be incorporated into the rules and regulations of the department\nand shall require among other things: consideration of the physical,\nmental and emotional condition of the incarcerated individual;\nconsideration of his or her educational and vocational needs; enrollment\nof each incarcerated individual in assigned programs as soon as\npracticable; consideration of the danger he or she presents to the\ncommunity or to other incarcerated individuals; the recording of\ncontinuous case histories including notations as to apparent success or\nfailure of treatment employed; and periodic review of case histories and\ntreatment methods used.\n 2. The commissioner shall provide for such measures as he or she may\ndeem necessary or appropriate for the safety, security and control of\ncorrectional facilities and the maintenance of order therein.\n 3. Each incarcerated individual shall be entitled to clothing suited\nto the season and weather conditions and to a sufficient quantity of\nwholesome and nutritious food. To the extent practicable, the clothing\nand bedding of incarcerated individuals shall be manufactured and\nlaundered in institutions in the department.\n 3-a. The commissioner shall establish a program to purchase fresh\nproduce from farms located in the state and distribute such fresh\nproduce to correctional facilities in the state to be utilized in the\nprovision of wholesome and nutritious food to incarcerated individuals\npursuant to the provisions of this section.\n 4. Whenever there shall be a sufficient number of cells or rooms in a\ncorrectional facility, each incarcerated individual shall be given\nsleeping accommodations in a separate cell or room, provided, however,\nthat nothing herein contained shall be construed so as to limit the\nright of the department to utilize dormitory-type accommodations where\nnecessary or where appropriate to a program of treatment.\n 5. No incarcerated individual in the care or custody of the department\nshall be subjected to degrading treatment, and no officer or other\nemployee of the department shall inflict any blows whatever upon any\nincarcerated individual, unless in self defense, or to suppress a revolt\nor insurrection. When any incarcerated individual, or group of\nincarcerated individuals, shall offer violence to any person, or do or\nattempt to do any injury to property, or attempt to escape, or resist or\ndisobey any lawful direction, the officers and employees shall use all\nsuitable means to defend themselves, to maintain order, to enforce\nobservation of discipline, to secure the persons of the offenders and to\nprevent any such attempt or escape.\n 6. Except as provided in paragraphs (d) and (e) of this subdivision,\nthe superintendent of a correctional facility may keep any incarcerated\nindividual confined in a cell or room, apart from the accommodations\nprovided for incarcerated individuals who are participating in programs\nof the facility, for such period as may be necessary for maintenance of\norder or discipline, but in any such case the following conditions shall\nbe observed:\n (a) The incarcerated individual shall be supplied with a sufficient\nquantity of wholesome and nutritious food;\n (b) Adequate sanitary and other conditions required for the health of\nthe incarcerated individual shall be maintained;\n (c) Where such confinement is for a period in excess of twenty-four\nhours, the superintendent shall arrange for the facility health services\ndirector, or a registered nurse or physician's associate approved by the\nfacility health services director to visit such incarcerated individual\nat the expiration of twenty-four hours and at least once in every\ntwenty-four hour period thereafter, during the period of such\nconfinement, to examine into the state of health of the incarcerated\nindividual, and the superintendent shall give full consideration to any\nrecommendation that may be made by the facility health services director\nfor measures with respect to dietary needs or conditions of confinement\nof such incarcerated individual required to maintain the health of such\nincarcerated individual; and\n (d) (i) Except as set forth in clause (E) of subparagraph (ii) of this\nparagraph, the department, in consultation with mental health\nclinicians, shall divert or remove incarcerated individuals with serious\nmental illness, as defined in paragraph (e) of this subdivision, from\nsegregated confinement or confinement in a residential rehabilitation\nunit, where such confinement could potentially be for a period in excess\nof thirty days, to a residential mental health treatment unit. Nothing\nin this paragraph shall be deemed to prevent the disciplinary process\nfrom proceeding in accordance with department rules and regulations for\ndisciplinary hearings.\n (ii) (A) Upon placement of an incarcerated individual into segregated\nconfinement or a residential rehabilitation unit at a level one or level\ntwo facility, a suicide prevention screening instrument shall be\nadministered by staff from the department or the office of mental health\nwho has been trained for that purpose. If such a screening instrument\nreveals that the incarcerated individual is at risk of suicide, a mental\nhealth clinician shall be consulted and appropriate safety precautions\nshall be taken. Additionally, within one business day of the placement\nof such an incarcerated individual into segregated confinement at a\nlevel one or level two facility or a residential rehabilitation unit,\nthe incarcerated individual shall be assessed by a mental health\nclinician.\n (B) Upon placement of an incarcerated individual into segregated\nconfinement or a residential rehabilitation unit at a level three or\nlevel four facility, a suicide prevention screening instrument shall be\nadministered by staff from the department or the office of mental health\nwho has been trained for that purpose. If such a screening instrument\nreveals that the incarcerated individual is at risk of suicide, a mental\nhealth clinician shall be consulted and appropriate safety precautions\nshall be taken. All incarcerated individuals placed in segregated\nconfinement or a residential rehabilitation unit at a level three or\nlevel four facility shall be assessed by a mental health clinician,\nwithin seven days of such placement into segregated confinement.\n (C) At the initial assessment, if the mental health clinician finds\nthat an incarcerated individual suffers from a serious mental illness,\nthat person shall be diverted or removed from segregated confinement or\na residential rehabilitation unit and a recommendation shall be made\nwhether exceptional circumstances, as described in clause (E) of this\nsubparagraph, exist. In a facility with a joint case management\ncommittee, such recommendation shall be made by such committee. In a\nfacility without a joint case management committee, the recommendation\nshall be made jointly by a committee consisting of the facility's\nhighest ranking mental health clinician, the deputy superintendent for\nsecurity, and the deputy superintendent for program services, or their\nequivalents. Any such recommendation shall be reviewed by the joint\ncentral office review committee. The administrative process described in\nthis clause shall be completed within seven days of the initial\nassessment, and if the result of such process is that the incarcerated\nindividual should be removed from segregated confinement or a\nresidential rehabilitation unit, such removal shall occur as soon as\npracticable, but in no event more than seventy-two hours from the\ncompletion of the administrative process. Pursuant to paragraph (h) of\nthis subdivision, nothing in this section shall permit the placement of\nan incarcerated person with serious mental illness into segregated\nconfinement at any time, even for the purposes of assessment.\n (D) If an incarcerated individual with a serious mental illness is not\ndiverted or removed to a residential mental health treatment unit, such\nincarcerated individual shall be diverted to a residential\nrehabilitation unit and reassessed by a mental health clinician within\nfourteen days of the initial assessment and at least once every fourteen\ndays thereafter. After each such additional assessment, a recommendation\nas to whether such incarcerated individual should be removed from a\nresidential rehabilitation unit shall be made and reviewed according to\nthe process set forth in clause (C) of this subparagraph.\n (E) A recommendation or determination whether to remove an\nincarcerated individual from segregated confinement or a residential\nrehabilitation unit shall take into account the assessing mental health\nclinicians' opinions as to the incarcerated individual's mental\ncondition and treatment needs, and shall also take into account any\nsafety and security concerns that would be posed by the incarcerated\nindividual's removal, even if additional restrictions were placed on the\nincarcerated individual's access to treatment, property, services or\nprivileges in a residential mental health treatment unit. A\nrecommendation or determination shall direct the incarcerated\nindividual's removal from segregated confinement or a residential\nrehabilitation unit except in the following exceptional circumstances:\n(1) when the reviewer finds that removal would pose a substantial risk\nto the safety of the incarcerated individual or other persons, or a\nsubstantial threat to the security of the facility, even if additional\nrestrictions were placed on the incarcerated individual's access to\ntreatment, property, services or privileges in a residential mental\nhealth treatment unit; or (2) when the assessing mental health clinician\ndetermines that such placement is in the incarcerated individual's best\ninterests based on his or her mental condition and that removing such\nincarcerated individual to a residential mental health treatment unit\nwould be detrimental to his or her mental condition. Any determination\nnot to remove an incarcerated individual with serious mental illness\nfrom a residential rehabilitation unit shall be documented in writing\nand include the reasons for the determination.\n (iii) Incarcerated individuals with serious mental illness who are not\ndiverted or removed from a residential rehabilitation unit shall be\noffered a heightened level of mental health care, involving a minimum of\nthree hours daily of out-of-cell therapeutic treatment and programming.\nThis heightened level of care shall not be offered only in the following\ncircumstances:\n (A) The heightened level of care shall not apply when an incarcerated\nindividual with serious mental illness does not, in the reasonable\njudgment of a mental health clinician, require the heightened level of\ncare. Such determination shall be documented with a written statement of\nthe basis of such determination and shall be reviewed by the Central New\nYork Psychiatric Center clinical director or his or her designee. Such a\ndetermination is subject to change should the incarcerated individual's\nclinical status change. Such determination shall be reviewed and\ndocumented by a mental health clinician every thirty days, and in\nconsultation with the Central New York Psychiatric Center clinical\ndirector or his or her designee not less than every ninety days.\n (B) The heightened level of care shall not apply in exceptional\ncircumstances when providing such care would create an unacceptable risk\nto the safety and security of incarcerated individuals or staff. Such\ndetermination shall be documented by security personnel together with\nthe basis of such determination and shall be reviewed by the facility\nsuperintendent, in consultation with a mental health clinician, not less\nthan every seven days for as long as the incarcerated individual remains\nin a residential rehabilitation unit. The facility shall attempt to\nresolve such exceptional circumstances so that the heightened level of\ncare may be provided. If such exceptional circumstances remain\nunresolved for thirty days, the matter shall be referred to the joint\ncentral office review committee for review.\n (iv) All incarcerated individuals in segregated confinement in a level\none or level two facility or a residential rehabilitation unit who are\nnot assessed with a serious mental illness at the initial assessment\nshall be offered at least one interview with a mental health clinician\nwithin seven days of their initial mental health assessment, unless the\nmental health clinician at the most recent interview recommends an\nearlier interview or assessment. All incarcerated individuals in a\nresidential rehabilitation unit in a level three or level four facility\nwho are not assessed with a serious mental illness at the initial\nassessment shall be offered at least one interview with a mental health\nclinician within thirty days of their initial mental health assessment,\nand additional interviews at least every ninety days thereafter, unless\nthe mental health clinician at the most recent interview recommends an\nearlier interview or assessment.\n (e) An incarcerated individual has a serious mental illness when he or\nshe has been determined by a mental health clinician to meet at least\none of the following criteria:\n (i) he or she has a current diagnosis of, or is diagnosed at the\ninitial or any subsequent assessment conducted during the incarcerated\nindividual's segregated confinement with, one or more of the following\ntypes of Axis I diagnoses, as described in the most recent edition of\nthe Diagnostic and Statistical Manual of Mental Disorders, and such\ndiagnoses shall be made based upon all relevant clinical factors,\nincluding but not limited to symptoms related to such diagnoses:\n (A) schizophrenia (all sub-types),\n (B) delusional disorder,\n (C) schizophreniform disorder,\n (D) schizoaffective disorder,\n (E) brief psychotic disorder,\n (F) substance-induced psychotic disorder (excluding intoxication and\nwithdrawal),\n (G) psychotic disorder not otherwise specified,\n (H) major depressive disorders, or\n (I) bipolar disorder I and II;\n (ii) he or she is actively suicidal or has engaged in a recent,\nserious suicide attempt;\n (iii) he or she has been diagnosed with a mental condition that is\nfrequently characterized by breaks with reality, or perceptions of\nreality, that lead the individual to experience significant functional\nimpairment involving acts of self-harm or other behavior that have a\nseriously adverse effect on life or on mental or physical health;\n (iv) he or she has been diagnosed with an organic brain syndrome that\nresults in a significant functional impairment involving acts of\nself-harm or other behavior that have a seriously adverse effect on life\nor on mental or physical health;\n (v) he or she has been diagnosed with a severe personality disorder\nthat is manifested by frequent episodes of psychosis or depression, and\nresults in a significant functional impairment involving acts of\nself-harm or other behavior that have a seriously adverse effect on life\nor on mental or physical health; or\n (vi) he or she has been determined by a mental health clinician to\nhave otherwise substantially deteriorated mentally or emotionally while\nconfined in segregated confinement and is experiencing significant\nfunctional impairment indicating a diagnosis of serious mental illness\nand involving acts of self-harm or other behavior that have a serious\nadverse effect on life or on mental or physical health.\n (f) The superintendent shall make a full report to the commissioner at\nleast once a week concerning the condition of such incarcerated\nindividual and shall forthwith report to the commissioner any\nrecommendation relative to health maintenance or health care delivery\nmade by the facility health services director and any recommendation\nrelative to mental health treatment or confinement of an incarcerated\nindividual with a serious mental illness made by the mental health\nclinician pursuant to paragraphs (d) and (e) of this subdivision that is\nnot endorsed or carried out, as the case may be, by the superintendent.\n (g) Within twenty-four hours of disciplinary confinement, keeplock\npending a disciplinary hearing, placement in a segregated confinement\nunit for administrative purposes, or placement in a residential mental\nhealth treatment unit, and at weekly intervals thereafter for the\nduration of such confinement, an incarcerated individual shall be\npermitted to make at least one personal phone call, except when to do so\nwould create an unacceptable risk to the safety and security of\nincarcerated individuals or staff.\n (h) Persons in a special population as defined in subdivision\nthirty-three of section two of this chapter shall not be placed in\nsegregated confinement for any length of time, except in keeplock for a\nperiod prior to a disciplinary hearing pursuant to paragraph (l) of this\nsubdivision. Individuals in a special population who are in keeplock\nprior to a disciplinary hearing shall be given seven hours a day\nout-of-cell time or shall be transferred to a residential rehabilitation\nunit or residential mental health treatment unit as expeditiously as\npossible, but in no case longer than forty-eight hours from the time an\nindividual is admitted to keeplock.\n (i) (i) No person may be placed in segregated confinement for longer\nthan necessary and no more than fifteen consecutive days. Nor shall any\nperson be placed in segregated confinement for more than twenty total\ndays within any sixty day period except as otherwise provided in\nsubparagraph (ii) of this paragraph. At these limits, he or she must be\nreleased from segregated confinement or diverted to a separate\nresidential rehabilitation unit. If placement of such person in\nsegregated confinement would exceed the twenty-day limit and the\ndepartment establishes that the person committed an act defined in\nsubparagraph (ii) of paragraph (k) of this subdivision, the department\nmay place the person in segregated confinement until admission to a\nresidential rehabilitation unit can be effectuated. Such admission to a\nresidential rehabilitation unit shall occur as expeditiously as possible\nand in no case take longer than forty-eight hours from the time such\nperson is placed in segregated confinement.\n (ii) For offenses determined pursuant to paragraph (l) of this\nsubdivision to constitute a violent felony act defined in subparagraph\n(ii) of paragraph (k) of this subdivision, if occurring more than one\ntime within any sixty day period, up to an additional fifteen\nconsecutive days in segregated confinement may occur for each such\nadditional incident. If such subsequent incident takes place in a\nresidential rehabilitation unit or general population, the person may be\nreturned to segregated confinement for up to fifteen consecutive days.\nIf such subsequent incident takes place in segregated confinement and\ncauses physical injury to another person, the person may receive up to\nan additional fifteen consecutive days in segregated confinement,\nprovided however that the person must spend at least fifteen days in a\nresidential rehabilitation unit in between each placement of up to\nfifteen consecutive days in segregated confinement. Custody under this\nsubparagraph shall otherwise be in accordance with this chapter.\n (j) (i) All segregated confinement and residential rehabilitation\nunits shall create the least restrictive environment necessary for the\nsafety of incarcerated persons, staff, and the security of the facility.\n (ii) Persons in segregated confinement shall be offered out-of-cell\nprogramming at least four hours per day, including at least one hour for\nrecreation. Persons admitted to residential rehabilitation units shall\nbe offered at least six hours of daily out-of-cell congregate\nprogramming, services, treatment, recreation, activities and/or meals,\nwith an additional minimum of one hour for recreation. Recreation in all\nresidential rehabilitation units shall take place in a congregate\nsetting, unless exceptional circumstances mean doing so would create a\nsignificant and unreasonable risk to the safety and security of other\nincarcerated persons, staff, or the facility. Persons in segregated\nconfinement and residential rehabilitation units shall be offered\nprogramming led by program or therapeutic staff five days per week,\nexcept on recognized state legal holidays. All other out-of-cell time\nmay include peer-led programs, time in a day room or out-of-cell\nrecreation area with other people, congregate meals, volunteer programs,\nor other congregate activities.\n (iii) No limitation on services, treatment, or basic needs such as\nclothing, food and bedding shall be imposed as a form of punishment. If\nprovision of any such services, treatment or basic needs to an\nindividual would create a significant and unreasonable risk to the\nsafety and security of incarcerated persons, staff, or the facility,\nsuch services, treatment or basic needs may be withheld until it\nreasonably appears that the risk has ended. The department shall not\nimpose restricted diets or any other change in diet as a form of\npunishment. Persons in a residential rehabilitation unit shall have\naccess to all of their personal property unless an individual\ndetermination is made that having a specific item would pose a\nsignificant and unreasonable risk to the safety of incarcerated persons\nor staff or the security of the unit.\n (iv) Upon admission to a residential rehabilitation unit, program and\nmental health staff shall administer assessments and develop an\nindividual rehabilitation plan in consultation with the resident, based\nupon his or her medical, mental health, and programming needs. Such plan\nshall identify specific goals and programs, treatment, and services to\nbe offered, with projected time frames for completion and discharge from\nthe residential rehabilitation unit.\n (v) An incarcerated person in a residential rehabilitation unit shall\nhave access to programs and work assignments comparable to core programs\nand types of work assignments in general population. Such incarcerated\npersons shall also have access to additional out-of-cell,\ntrauma-informed therapeutic programming aimed at promoting personal\ndevelopment, addressing underlying causes of problematic behavior\nresulting in placement in a residential rehabilitation unit, and helping\nprepare for discharge from the unit and to the community.\n (vi) If the department establishes that a person committed an act\ndefined in subparagraph (ii) of paragraph (k) of this subdivision while\nin segregated confinement or a residential rehabilitation unit and poses\na significant and unreasonable risk to the safety and security of other\nincarcerated persons or staff, the department may restrict such person's\nparticipation in programming and out-of-cell activities as necessary for\nthe safety of other incarcerated persons and staff. If such restrictions\nare imposed, the department must provide at least four hours out-of-cell\ntime daily, including at least two hours of therapeutic programming and\ntwo hours of recreation, and must make reasonable efforts to reinstate\naccess to programming as soon as possible. In no case may such\nrestrictions extend beyond fifteen days unless the person commits a new\nact defined herein justifying restrictions on program access, or if the\ncommissioner and, when appropriate, the commissioner of mental health\npersonally reasonably determine that the person poses an extraordinary\nand unacceptable risk of imminent harm to the safety or security of\nincarcerated persons or staff. Any extension of program restrictions\nbeyond fifteen days must be meaningfully reviewed and approved at least\nevery fifteen days by the commissioner and, when appropriate, by the\ncommissioner of mental health. Each review must consider the impact of\ntherapeutic programming provided during the fifteen-day period on the\nperson's risk of imminent harm and the commissioner must articulate in\nwriting, with a copy provided to the incarcerated person, the specific\nreason why the person currently poses an extraordinary and unacceptable\nrisk of imminent harm to the safety or security of incarcerated persons\nor staff. In no case may restrictions imposed by the commissioner extend\nbeyond ninety days unless the person commits a new act defined herein\njustifying restrictions on program access.\n (vii) Restraints shall not be used when incarcerated persons are\nparticipating in out-of-cell activities within a residential\nrehabilitation unit unless an individual assessment is made that\nrestraints are required because of a significant and unreasonable risk\nto the safety and security of other incarcerated persons or staff.\n (k) (i) The department may place a person in segregated confinement\nfor up to three consecutive days and no longer than six days in any\nthirty day period if, pursuant to an evidentiary hearing, it determines\nthat the person violated department rules which permit a penalty of\nsegregated confinement. The department may not place a person in\nsegregated confinement for longer than three consecutive days or six\ndays total in a thirty day period unless the provisions of subparagraph\n(ii) of this paragraph are met.\n (ii) The department may place a person in segregated confinement\nbeyond the limits of subparagraph (i) of this paragraph or in a\nresidential rehabilitation unit only if, pursuant to an evidentiary\nhearing, it determines by written decision that the person committed one\nof the following acts and if the commissioner or his or her designee\ndetermines in writing based on specific objective criteria the acts were\nso heinous or destructive that placement of the individual in general\npopulation housing creates a significant risk of imminent serious\nphysical injury to staff or other incarcerated persons, and creates an\nunreasonable risk to the security of the facility:\n (A) causing or attempting to cause serious physical injury or death to\nanother person or making an imminent threat of such serious physical\ninjury or death if the person has a history of causing such physical\ninjury or death and the commissioner and, when appropriate, the\ncommissioner of mental health or their designees reasonably determine\nthat there is a strong likelihood that the person will carry out such\nthreat. The commissioner of mental health or his or her designee shall\nbe involved in such determination if the person is or has been on the\nmental health caseload or appears to require psychiatric attention. The\ndepartment and the office of mental health shall promulgate rules and\nregulations pertaining to this clause;\n (B) compelling or attempting to compel another person, by force or\nthreat of force, to engage in a sexual act;\n (C) extorting another, by force or threat of force, for property or\nmoney;\n (D) coercing another, by force or threat of force, to violate any\nrule;\n (E) leading, organizing, inciting, or attempting to cause a riot,\ninsurrection, or other similarly serious disturbance that results in the\ntaking of a hostage, major property damage, or physical harm to another\nperson;\n (F) procuring a deadly weapon or other dangerous contraband that poses\na serious threat to the security of the institution; or\n (G) escaping, attempting to escape or facilitating an escape from a\nfacility or escaping or attempting to escape while under supervision\noutside such facility.\n For purposes of this section, attempting to cause a serious\ndisturbance or to escape shall only be determined to have occurred if\nthere is a clear finding that the incarcerated individual had the intent\nto cause a serious disturbance or the intent to escape and had completed\nsignificant acts in the advancement of the attempt to create a serious\ndisturbance or escape. Evidence of withdrawal or abandonment of a plan\nto cause a serious disturbance or to escape shall negate a finding of\nintent.\n (iii) No person may be placed in segregated confinement or a\nresidential rehabilitation unit based on the same act or incident that\nwas previously used as the basis for such placement.\n (iv) No person may be held in segregated confinement for protective\ncustody. Any unit used for protective custody must, at a minimum,\nconform to requirements governing residential rehabilitation units.\n (l) All hearings to determine if a person may be placed in segregated\nconfinement shall occur prior to placement in segregated confinement\nunless a security supervisor, with written approval of a facility\nsuperintendent or designee, reasonably believes the person fits the\nspecified criteria for segregated confinement in subparagraph (ii) of\nparagraph (k) of this subdivision. If a hearing does not take place\nprior to placement, it shall occur as soon as reasonably practicable and\nat most within five days of such placement unless the charged person\nseeks a postponement of the hearing. Persons at such hearings shall be\npermitted to be represented by any attorney or law student, or by any\nparalegal or incarcerated person unless the department reasonably\ndisapproves of such paralegal or incarcerated person based upon\nobjective written criteria developed by the department.\n (m) (i) Any sanction imposed on an incarcerated person requiring\nsegregated confinement shall run while the person is in a residential\nrehabilitation unit and the person shall be discharged from the unit\nbefore or at the time such sanction expires. If a person successfully\ncompletes his or her rehabilitation plan before the sanction expires,\nthe person shall have a right to be discharged from the unit upon such\ncompletion.\n (ii) If an incarcerated person has not been discharged from a\nresidential rehabilitation unit within one year of initial admission to\nsuch a unit or is within sixty days of a fixed or tentatively approved\ndate for release from a correctional facility, he or she shall have a\nright to be discharged from the unit unless he or she committed an act\nlisted in subparagraph (ii) of paragraph (k) of this subdivision within\nthe prior one hundred eighty days and he or she poses a significant and\nunreasonable risk to the safety or security of incarcerated persons or\nstaff. In any such case the decision not to discharge such person shall\nbe immediately and automatically subjected to an independent review by\nthe commissioner and the commissioner of mental health or their\ndesignees. A person may remain in a residential rehabilitation unit\nbeyond the time limits provided in this section if both commissioners or\nboth of their designees approve this decision. In extraordinary\ncircumstances, a person who has not committed an act listed in\nsubparagraph (ii) of paragraph (k) of this subdivision within the prior\none hundred eighty days, may remain in a residential rehabilitation unit\nbeyond the time limits provided in this section if both the commissioner\nand the commissioner of mental health personally determine that such\nindividual poses an extraordinary and unacceptable risk of imminent harm\nto the safety or security of incarcerated persons or staff.\n (iii) There shall be a meaningful periodic review of the status of\neach incarcerated person in a residential rehabilitation unit at least\nevery sixty days to assess the person's progress and determine if the\nperson should be discharged from the unit. Following such periodic\nreview, if the person is not discharged from the unit, program and\nmental health staff shall specify in writing the reasons for the\ndetermination and the program, treatment, service, and/or corrective\naction required before discharge. The incarcerated person shall be given\naccess to the programs, treatment and services specified, and shall have\na right to be discharged from the residential rehabilitation unit upon\nthe successful fulfillment of such requirements.\n (iv) When an incarcerated person is discharged from a residential\nrehabilitation unit, any remaining time to serve on any underlying\ndisciplinary sanction shall be dismissed. If an incarcerated person\nsubstantially completes his or her rehabilitation plan, he or she shall\nhave any associated loss of good time restored upon discharge from the\nunit.\n (n) All special housing unit, keeplock unit and residential\nrehabilitation unit staff and their supervisors shall undergo\nspecialized training prior to assignment to such unit, and regular\nspecialized training thereafter, on substantive content developed in\nconsultation with relevant experts, on topics including, but not limited\nto, the purpose and goals of the non-punitive therapeutic environment,\ntrauma-informed care, restorative justice, and dispute resolution\nmethods. Prior to presiding over any hearings, all hearing officers\nshall undergo a minimum of thirty-seven hours of training, with one\nadditional day of training annually thereafter, on relevant topics,\nincluding but not limited to, the physical and psychological effects of\nsegregated confinement, procedural and due process rights of the\naccused, and restorative justice remedies.\n (o) The department shall publish monthly reports on its website, with\nsemi-annual and annual cumulative reports, of the total number of people\nwho are in segregated confinement and the total number of people who are\nin residential rehabilitation units on the first day of each month. The\nreports shall provide a breakdown of the number of people in segregated\nconfinement and in residential rehabilitation units by: (i) age; (ii)\nrace; (iii) gender; (iv) mental health treatment level; (v) special\nhealth accommodations or needs; (vi) need for and participation in\nsubstance use disorder programs; (vii) pregnancy status; (viii)\ncontinuous length of stay in residential treatment units as well as\nlength of stay in the past sixty days; (ix) number of days in segregated\nconfinement; (x) a list of all incidents resulting in sanctions of\nsegregated confinement by facility and date of occurrence; (xi) the\nnumber of incarcerated persons in segregated confinement by facility;\nand (xii) the number of incarcerated persons in residential\nrehabilitation units by facility.\n