§ 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 r
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