THE ADMINISTRATION, MENTAL HEALTH AND MEDICAL DEPARTMENT AT ATTICA CORRECTIONAL FACILITY.
ATTICA NEW YORK
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 Nicholas, Zimmerman,   Petitioner  
                           
 A PETITION PURSUANT  TO
 CORRECTIONAL LAW 137 (6) (D
 7NYCRR 254.9 AND                        
 THE 8TH AMENDMENT.



          - to the attention of -


Superintendent Mark L. Bradt, Deputy William
Hughes, Mental Health Unit Chief Rasheed Powell,
Medical Doctor Jadow R. Rao, Mental Health Doctor
P. Gumbala, Mental Health Doctor Amelia Ritigliano
                                                                  Staff.
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To Superintendent Mark L. Bradt, Mental Health Unit Chief Rasheed Powell, Deputy William Hughes, Medical Doctor Jadow R. Rao, Mental Health Doctor Amelia Ritigliano, and Mental Health Doctor P. Gumbala:

1. This is a Petition/Request brought by the friends and family of Mr. Nicholas Zimmerman, 02A1663, as well as Mr. Zimmerman himself, respectfully requesting his immediate release out of Solitary Confinement/Special Housing Unit at Attica and into General Population, Long Term Keeplock with privileges or the RMHTU program. In light of the new law that has passed, we feel that each of you are now in a position to release Mr. Zimmerman from Solitary Confinement. In fact, State and Federal Law encourages you to do so.

THE ENACTMENT OF THE SHU EXCLUSION LAW:

2.  Pursuant to Correctional Law 137 (6) (D) (Otherwise known as the SHU Exclusion Law or The Boot The SHU Bill) new law has come into effect that requires that Mr. Zimmerman be released from Solitary Confinement. The Law reads in pertinent part that

The Department of Corrections, in consultation with mental health clinicians, shall divert or remove inmates with serious mental illness, as defined in paragraph (E) of this subdivision, from segregated confinement, where such confinement could potentially be for a period in excess of thirty days, to a Residential Mental Health Treatment Unit. Paragraph (E) States that: “An inmate 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: 1. Has a major depressive disorder. 2. Is actively suicidal or has engaged in a recent, serious suicide attempt. 3. He 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. (see Corrections Law 137 (6) (D) and (6) (E) ).