; and (ii) may be based on— (I) frequency and duration of lockdowns; (II) availability of programming; (III) staffing levels; (IV) access to adequate physical and mental health resources; (V) incidences of physical assault, neglect, or sexual abuse; (VI) opportunity to maintain family ties through phone calls, video calls, mail, email, and visitation; (VII) adequacy of the nutrition provided; (VIII) amount or frequency of staff discipline cases; (IX) amount or frequency of misconduct by people incarcerated at the covered facility; (X) access of incarcerated people to— (aa) legal counsel, including confidential meetings and communications; (bb) discovery and other case-related legal materials; and (cc) the law library at the covered facility