The commissioner of correction may establish and maintain schools or classes for the instruction and training of the incarcerated individuals of any institution under the commissioner's charge, and shall offer to all incarcerated individuals incarcerated for more than 10 days a minimum of five hours per day of incarcerated individual programming or education, excluding weekends and holidays. Such programming or education may be provided by the department or by another provider, and need not be offered to incarcerated individuals in punitive segregation, or to incarcerated individuals who may be ineligible or unavailable for such programming or education, or where offering such programming or education would not be consistent with the safety of the incarcerated individual, staff or facility. Nothing in this section shall prohibit the department from offering such programming or education on the basis of incentive-based criteria developed by the department. For the purposes of this section, the term "incarcerated individual programming" has the same meaning as in section 9-144.
(Am. L.L. 2017/170, 9/8/2017, eff. 1/8/2018; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)