§ 9-129 Reporting.

   The commissioner of correction shall submit a report to the mayor and the council by October first of each year regarding implementation of sections 9-127 and 9-128 of this title and other discharge planning efforts, and, beginning October first, two thousand eight and annually thereafter, regarding recidivism among incarcerated individuals receiving discharge planning services from the department of correction or any social services organization under contract with the department of correction.

(Am. L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/054.

§ 9-130 Jail data reporting.

   a.   Definitions. For purposes of this section, the following terms have the following meanings:

      Adolescent. The term "adolescent" means an incarcerated individual 16 or 17 years of age.

      Adult. The term "adult" means an incarcerated individual 22 years of age or older.

      Assault. The term "assault" means any action taken with intent to cause physical injury to another person.

      Department. The term "department" means the New York city department of correction.

      Hospital. The term "hospital" includes any hospital setting, whether a hospital outside of the department's jurisdiction or a correction unit operated by the department within a hospital.

      Serious injury. The term "serious injury" means a physical injury that (i) creates a substantial risk of death or disfigurement; (ii) is a loss or impairment of a bodily organ; (iii) is a fracture or break to a bone other than fingers and toes; or (iv) is an injury defined as serious by a physician.

      Sexual abuse. The term "sexual abuse" has the same meaning as set forth in 28 CFR § 115.6, or successor regulation, promulgated pursuant to the federal prison rape elimination act of 2003.

      Staff. The term "staff" means anyone other than an incarcerated individual who works at a facility operated by the department.

      Young adult. The term "young adult" means an incarcerated individual 18 to 21 years of age.

      Use of force A. The term "use of force A" means a use of force by staff on an incarcerated individual resulting in an injury that requires medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including those uses of force resulting in one or more of the following: (i) multiple abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of consciousness, including a concussion; (viii) suture; (ix) internal injuries, including but not limited to ruptured spleen or perforated eardrum; or (x) admission to a hospital.

      Use of force B. The term "use of force B" means a use of force by staff on an incarcerated individual which does not require hospitalization or medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including the following: (i) a use of force resulting in a superficial bruise, scrape, scratch, or minor swelling; and (ii) the forcible use of mechanical restraints in a confrontational situation that results in no or minor injury.

      Use of force C. The term "use of force C" means a use of force by staff on an incarcerated individual resulting in no injury to staff or incarcerated individual, including an incident where the use of oleoresin capsicum spray results in no injury, beyond irritation that can be addressed through decontamination.

   b.   No later than 20 days after the end of each month, the department shall post on its website a report containing the following information for the prior month, in total and by indicating the rate per 100 incarcerated individuals in the custody of the department during such prior month:

      1.   fight infractions written against incarcerated individuals;

      2.   assaults on incarcerated individuals by incarcerated individuals involving stabbings, shootings or slashings;

      3.   assaults on incarcerated individuals by incarcerated individuals in which an incarcerated individual suffered a serious injury, excluding assaults involving stabbings, shootings or slashings;

      4.   actual incidents of use of force A;

      5.   actual incidents of use of force B;

      6.   actual incidents of use of force C;

      7.   assaults on staff by incarcerated individuals in which staff suffered serious injury.

   c.   No later than 45 days after the end of each quarter ending March 31, June 30, September 30 and December 31, the department shall post on its website a report containing the following information for the prior quarter, in total and by indicating the rate per 100 incarcerated individuals in the custody of the department during such prior quarter. Such report shall also disaggregate the following information by listing adults, young adults, and adolescent incarcerated individuals separately:

      1.   fight infractions written against incarcerated individuals;

      2.   assaults on incarcerated individuals by incarcerated individuals in which an incarcerated individual suffered a serious injury, excluding assaults involving stabbings, shootings or slashings;

      3.   assaults on incarcerated individuals by incarcerated individuals involving stabbings;

      4.   assaults on incarcerated individuals by incarcerated individuals involving shootings;

      5.   assaults on incarcerated individuals by incarcerated individuals involving slashings;

      6.   total number of assaults on incarcerated individuals by incarcerated individuals involving stabbings, shootings or slashings;

      7.   total number of assaults on incarcerated individuals by incarcerated individuals involving stabbings, shootings or slashings in which an incarcerated individual suffered a serious injury;

      8.   assaults on incarcerated individuals by incarcerated individuals in which an incarcerated individual was admitted to a hospital as a result;

      9.   homicides of incarcerated individuals by incarcerated individuals;

      10.   attempted suicides by incarcerated individuals;

      11.   suicides by incarcerated individuals;

      12.   assaults on staff by incarcerated individuals;

      13.   assaults on staff by incarcerated individuals in which staff suffered serious injury;

      14.   assaults on staff by incarcerated individuals in which the staff was transported to a hospital as a result;

      15.   incidents in which an incarcerated individual splashed staff;

      16.   allegations of use of force A;

      17.   actual incidents of use of force A;

      18.   incarcerated individual hospitalization as a result of use of force A;

      19.   allegations of use of force B;

      20.   actual incidents of use of force B;

      21.   allegations of use of force C;

      22.   actual incidents of use of force C;

      23.   incidents of use of force C in which chemical agents were used;

      24.   incidents of use of force in which staff uses any device capable of administering an electric shock.

   d.   Beginning July 1, 2016 and every July first thereafter, the department shall post on its website a report for the prior calendar year containing information pertaining to (1) allegations of sexual abuse of an incarcerated individual by an incarcerated individual; (2) substantiated incidents of sexual abuse of an incarcerated individual by an incarcerated individual; (3) allegations of sexual abuse of an incarcerated individual by staff; and (4) substantiated incidents of sexual abuse of an incarcerated individual by staff.

   e.   The information in subdivisions b, c and d of this section shall be compared to previous reporting periods, and shall be permanently stored on the department's website.

(L.L. 2016/033, 3/28/2016, eff. 7/1/2016; Am. L.L. 2018/145, 8/6/2018, eff. 8/6/2018; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

§ 9-131 Persons not to be detained.

   a.   Definitions. For the purposes of this section, the following terms shall have the following meanings:

      1.   "Civil immigration detainer" shall mean a detainer issued pursuant to 8 CFR § 287.7 or any similar federal request for detention of a person suspected of violating civil immigration law.

      2.   "Convicted of a violent or serious crime" shall mean a judgment pursuant to section 1.20(15) of the criminal procedure law entered on a violent or serious crime or a conviction under federal law or the law of another state that would constitute a "predicate felony conviction" under section 70.06(1)(b)(i) of the penal law provided that such conviction was for the equivalent of a violent or serious crime. A person shall not be considered convicted of a violent or serious crime if that person:

         i.   was adjudicated as a youthful offender, pursuant to article seven hundred twenty of the criminal procedure law, or a comparable status pursuant to federal law or the law of another state, or a juvenile delinquent, as defined by subdivision one of section 301.2 of the family court act, or a comparable status pursuant to federal law or the law of another state; or

         ii.   has not had a judgment pursuant to section 1.20(15) of the criminal procedure law entered against him or her on a violent or serious crime for at least five years prior to the date of the instant arrest, provided that any period of time during which the person was incarcerated for a violent or serious crime, between the time of the commission of such violent or serious crime and the instant arrest, shall be excluded in calculating such five year period and such five year period shall be extended by a period or periods equal to the time served under such incarceration.

      3.   "Department" shall mean the New York city department of correction and shall include all officers, employees and persons otherwise paid by or acting as agents of the department.

      4.   "Federal immigration authorities" shall mean any officer, employee or person otherwise paid by or acting as an agent of United States immigration and customs enforcement or any division thereof or any other officer, employee or person otherwise paid by or acting as an agent of the United States department of homeland security who is charged with enforcement of the civil provisions of the immigration and nationality act.

      5.   "Judicial warrant" shall mean a warrant based on probable cause and issued by a judge appointed pursuant to article III of the United States constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631, that authorizes federal immigration authorities to take into custody the person who is the subject of such warrant.

      6.   "Terrorist screening database" shall mean the United States terrorist watch list or any similar or successor list maintained by the United States.

      7.   "Violent or serious crime" shall mean:

         i.   a felony defined in any of the following sections of the penal law: 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;

         ii.   a hate crime as defined in section 485.05 of the penal law, provided such hate crime constitutes a felony;

         iii.   a felony attempt, felony conspiracy, or felony criminal solicitation to commit any crime specified in subparagraph (i) of this paragraph, or a felony criminal facilitation of such specified crime;

         iv.   any felony set forth in section 600 of the vehicle and traffic law; or

         v.   any crime codified by the legislature subsequent to the enactment of this section that the department, in consultation with the police department, by rule determines to be a felony involving violence, force, firearms, terrorism, or endangerment or abuse of vulnerable persons, or any crime for which a change made by the legislature requires amendment of the crimes specified in this paragraph. The commissioner of correction shall submit any proposed additions to the crimes set forth in this paragraph to the speaker of the council at least sixty days prior to publishing such proposed rule.

   b.   Prohibition on honoring a civil immigration detainer.

      1.   The department may only honor a civil immigration detainer by holding a person beyond the time when such person would otherwise be released from the department's custody, in addition to such reasonable time as is necessary to conduct the search specified in subparagraph (ii) of this paragraph, or by notifying federal immigration authorities of such person's release, if:

         i.   federal immigration authorities present the department with a judicial warrant for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; and

         ii.   a search, conducted at or about the time when such individual would otherwise be released from the department's custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental entity, that such person: A. has been convicted of a violent or serious crime, or B. is identified as a possible match in the terrorist screening database.

      2.   Nothing in this section shall affect the obligation of the department to maintain the confidentiality of any information obtained pursuant to paragraph one of this subdivision.

   c.   No conferral of authority. Nothing in this section shall be construed to confer any authority on any entity to hold individuals on civil immigration detainers beyond the authority, if any, that existed prior to the enactment of this section.

   d.   No conflict with existing law. This local law supersedes all conflicting policies, rules, procedures and practices of the city of New York. Nothing in this local law shall be construed to prohibit any city agency from cooperating with federal immigration authorities when required under federal law. Nothing in this local law shall be interpreted or applied so as to create any power, duty or obligation in conflict with any federal or state law.

   e.   No private right of action. Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof.

   f.   Reporting. No later than September 1, 2018 and no later than September 1 of each year thereafter, the department shall post a report on the department website that includes the following information for the preceding twelve month period ending June 30:

      1.   the total number of civil immigration detainers lodged with the department, disaggregated to the extent possible by the reason given by federal immigration authorities for issuing detainers, including, but not limited to, that federal immigration authorities:

         i.   had reason to believe that the persons in the department's custody are subject to removal from the United States;

         ii.   initiated removal proceedings and served a notice to appear or other charging document on persons in the department's custody;

         iii.   served a warrant of arrest for removal proceedings on persons in the department's custody; or

         iv.   obtained orders of deportation or removal from the United States for persons in the department's custody;

      2.   the number of persons held pursuant to civil immigration detainers beyond the time when such person would otherwise be released from the department's custody, disaggregated to the extent possible by the reason given by federal immigration authorities for issuing the detainers, including, but not limited to, that federal immigration authorities:

         i.   had reason to believe that the persons in the department's custody are subject to removal from the United States;

         ii.   initiated removal proceedings and served a notice to appear or other charging document on persons in the department's custody;

         iii.   served a warrant of arrest for removal proceedings on persons in the department's custody; or

         iv.   obtained orders of deportation or removal from the United States for persons in the department's custody;

      3.   the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers;

      4.   the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers who had at least one conviction for a violent or serious crime;

      5.   the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers who had no convictions for a violent or serious crime and were identified as possible matches in the terrorist screening database;

      6.   the amount of state criminal alien assistance funding requested and received from the federal government;

      7.   the number of persons for whom civil immigration detainers were not honored pursuant to subdivision b of this section;

      8.   the number of persons held pursuant to civil immigration detainers beyond the time when such persons would otherwise have been released from the department's custody who were not transferred to the custody of federal immigration authorities either because of the expiration of the forty-eight-hour hold period provided in 8 CFR § 287.7 or because federal immigration authorities disavowed an intention to assume custody; and

      9.   the number of requests from federal immigration authorities concerning a person's incarceration status, release dates, court appearance dates, or any other information related to such person in the department's custody, and the number of responses honoring such requests by the department, disaggregated by:

         i.   the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities;

         ii.   the number of responses to federal immigration authorities concerning a person with at least one conviction for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; and

         iii.   the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime who was identified as a possible match in the terrorist screening database, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities.

   g.   For the purpose of this section, any reference to a statute, rule, or regulation shall be deemed to include any successor provision.

   h.   Use of city land or facilities by federal immigration authorities and access to persons in custody.

      1.   Department personnel shall not expend time while on duty or department resources of any kind disclosing information that belongs to the department and is available to them only in their official capacity, in response to federal immigration inquiries or in communicating with federal immigration authorities regarding any person's incarceration status, release dates, court appearance dates, or any other information related to persons in the department's custody, other than information related to a person's citizenship or immigration status, unless such response or communication:

         (i)   relates to a person convicted of a violent or serious crime or identified as a possible match in the terrorist screening database;

         (ii)   is unrelated to the enforcement of civil immigration laws; or

         (iii)   is otherwise required by law.

      2.   Federal immigration authorities shall not be permitted to maintain an office or quarters on land over which the department exercises jurisdiction, for the purpose of investigating possible violations of civil immigration law; provided, however, that the mayor may, by executive order, authorize federal immigration authorities to maintain an office or quarters on such land for purposes unrelated to the enforcement of civil immigration laws.

(Am. L.L. 2017/228, 12/1/2017, eff. 1/30/2018; Am. 2018 N.Y. Laws Ch. 189, 8/15/2018, eff. 11/13/2018)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/228.

§ 9-132 Hart's Island electronic burial database.

   a.   The department of correction shall post and maintain an electronic database of all burials on Hart's Island since nineteen hundred seventy-seven on the department's website, and shall not charge a fee to the public to search such database.

§ 9-133 Hart's Island visitation policy.

   a.   The department of correction shall reduce its Hart's Island visitation policy to writing, post such policy on the department of correction website and make it available to anyone who requests a copy.

§ 9-134 Jail segregated housing statistics.

   a.   Definitions. For the purposes of this section, the following terms have the following meanings: 

      Department. The term "department" means the New York city department of correction.  

      Incarcerated individual recreation day. The term "incarcerated individual recreation day" means one day per each individual for every day in punitive segregation during each quarter.  

      Incarcerated individual shower day. The term "incarcerated individual shower day" means one day per each individual for every day in punitive segregation during each quarter.  

      Mental health unit ("MHU"). The term "mental health unit" ("MHU") means any separate housing area staffed by mental health clinicians where incarcerated individuals with mental illness who have been found guilty of violating department rules are housed, including but not limited to restricted housing units and clinical alternative to punitive segregation units.  

      Segregated housing unit. The term "segregated housing unit" means any city jail housing units in which incarcerated individuals are regularly restricted to their cells more than the maximum number of hours as set forth in subdivision (b) of section 1-05 of chapter 1 of title 40 of the rules of the city of New York, or any successor rule establishing such maximum number of hours for the general population of incarcerated individuals in city jails. Segregated housing units do not include mental health units. Segregated housing units include, but are not limited to, punitive segregation housing and enhanced supervision housing.  

      Serious injury. The term "serious injury" means a physical injury that includes: (i) a substantial risk of death or disfigurement; (ii) loss or impairment of a bodily organ; (iii) a fracture or break to a bone, excluding fingers and toes; (iv) an injury defined as serious by a physician; and (v) any additional serious injury as defined by the department.  

      Staff. The term "staff" means anyone, other than an incarcerated individual, working at a facility operated by the department.  

      Use of force. The term "use of force" means an instance where staff used their hands or other parts of their body, objects, instruments, chemical agents, electric devices, firearm, or any other physical method to restrain, subdue, or compel an incarcerated individual to act in a particular way, or stop acting in a particular way. This term shall not include moving, escorting, transporting, or applying restraints to a compliant incarcerated individual.  

      Use of force A. The term "use of force A" means a use of force resulting in an injury that requires medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid, including, but not limited to: (i) multiple abrasions and/or contusions; (ii) chipped or cracked tooth; (iii) loss of tooth; (iv) laceration; (v) puncture; (vi) fracture; (vii) loss of consciousness, including a concussion; (viii) suture; (ix) internal injuries, including but not limited to ruptured spleen or perforated eardrum; or (x) admission to a hospital.  

      Use of force B. The term "use of force B" means a use of force resulting in an injury that does not require hospitalization or medical treatment beyond the prescription of over-the-counter analgesics or the administration of minor first aid.  

      Use of force C. The term "use of force C" means a use of force resulting in no injury to staff or incarcerated individuals.  

   b.   For the quarter beginning October first, two thousand fourteen, commencing on or before January twentieth, two thousand fifteen, and on or before the twentieth day of each quarter thereafter, the commissioner of correction shall post a report on the department website containing information relating to the use of segregated housing units and MHU in city jails for the previous quarter. Such quarterly report shall include separate indicators, disaggregated by facility and housing category for the total number of incarcerated individuals housed in segregated housing units and MHU. Such quarterly report shall also include the following information regarding the segregated housing unit and MHU population: (i) the number of incarcerated individuals in each security risk group as defined by the department's classification system directive, (ii) the number of incarcerated individuals subject to enhanced restraints, including but not limited to, shackles, waist chains and hand mittens, (iii) the number of incarcerated individuals sent to segregated housing units and MHU during the period, (iv) the number of incarcerated individuals sent to segregated housing units and MHU from mental observation housing areas, (v) the number of incarcerated individuals, by highest infraction offense grade as classified by the department, (grade one, two, or three), (vi) the number of incarcerated individuals serving punitive segregation in the following specified ranges: less than ten days, ten to thirty days, thirty-one to ninety days, ninety-one to one hundred eighty days, one hundred eighty-one to three hundred sixty-five days, and more than three hundred sixty-five days, (vii) the number of incarcerated individuals receiving mental health services, (viii) the number of incarcerated individuals twenty-one years of age and under, (ix) the number of incarcerated individuals over twenty-one years of age in ten-year intervals, (x) the race and gender of incarcerated individuals, (xi) the number of incarcerated individuals who received infractions while in segregated housing units or MHU, (xii) the number of incarcerated individuals who received infractions that led to the imposition of additional punitive segregation time, (xiii) the number of incarcerated individuals who committed suicide, (xiv) the number of incarcerated individuals who attempted suicide, (xv) the number of incarcerated individuals on suicide watch, (xvi) the number of incarcerated individuals who caused injury to themselves (excluding suicide attempt), (xvii) the number of incarcerated individuals seriously injured while in segregated housing units or MHU, (xviii) the number of incarcerated individuals who were sent to non-psychiatric hospitals outside the city jails, (xix) the number of incarcerated individuals who died (non-suicide), (xx) the number of incarcerated individuals transferred to a psychiatric hospital from segregated housing units, (xxi) the number of incarcerated individuals transferred to a psychiatric hospital from MHU, disaggregated by program, (xxii) the number of incarcerated individuals moved from general punitive segregation to MHU, disaggregated by program, (xxiii) the number of incarcerated individuals placed into MHU following a disciplinary hearing, disaggregated by program, (xxiv) the number of incarcerated individuals moved from MHU to a segregated housing unit, disaggregated by segregated housing unit type, (xxv) the number of incarcerated individuals prescribed anti-psychotic medications, mood stabilizers or anti-anxiety medications, disaggregated by the type of medication, (xxvi) the number of requests made by incarcerated individuals for medical or mental health treatment and the number granted, (xxvii) the number of requests made by incarcerated individuals to attend congregate religious services and the number granted, (xxviii) the number of requests made by incarcerated individuals for assistance from the law library and the number granted, (xxix) the number of requests made by incarcerated individuals to make telephone calls and the number granted, disaggregated by weekly personal calls and other permissible daily calls, (xxx) the number of incarcerated individual recreation days and the number of recreation hours attended, (xxxi) the number of individual recreation hours that were offered to incarcerated individuals prior to six a.m., (xxxii) the number of incarcerated individual shower days and the number of showers taken, (xxxiii) the number of incarcerated individuals who received visits, (xxxiv) the number of instances of allegations of use of force, (xxxv) the number of instances of use of force A, (xxxvi) the number of instances of use of force B, (xxxvii) the number of instances of use of force C, (xxxviii) the number of instances in which contraband was found, (xxxix) the number of instances of allegations of staff on incarcerated individual sexual assault, (xl) the number of instances of substantiated staff on incarcerated individual sexual assault, (xli) the number of instances of allegations of incarcerated individual on staff sexual assault, and (xlii) the number of instances of substantiated incarcerated individual on staff sexual assault.  

(Am. L.L. 2015/090, 10/7/2015, eff. 1/1/2016 ; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/090.