Current through Register Vol. 49, No. 2, February 2024
I.
AUTHORITY:
The Board of Correction and Community Punishment is vested with
the authority to promulgate Administrative Rules by Act 50 of 1968,
Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular session
(Ark. Code Ann. ss
16-93-1203
and
12-27-105
of 1993).
II.
PURPOSE:
To establish access to religious ministers and materials, and to
ensure opportunities for the practice of religion within the Department.
III.
APPLICABILITY:
This Administrative Rule applies to all staff and offenders of
the Department, all ministers and volunteers carrying out their ministry inside
the Department, and any spiritual advisor or minister providing ongoing linkage
between a religious group and an offender of the Department.
IV.
DEFINITIONS:
A.
Religion: A set
of beliefs and corresponding practices based on sacred writings, and/or having
historically established support, which play a central role in the everyday
life of a recognizable and cohesive group in society.
B.
Minister: An
individual ordained or otherwise recognized, according to the precepts of the
religion represented, qualified to teach religious precepts, provide spiritual
counsel, and conduct religious services.
C.
Volunteer: An
individual having the approval of a religious group or authority, approved
through the procedures of the Department, and trained in applicable rules and
expectations of conduct to be followed inside the Department, who provides for,
or assists in providing for, the religious needs of offenders.
D.
Restrictions:
Generally diminished rights consistent with incarceration and specific
limitations on religious conduct deemed necessary to meet legitimate
penological interests.
E.
Offenders: Persons sentenced to the Department of
Correction or persons sentenced to the Department of Correction for judicial
transfer to the Department of Community Punishment or confined in a community
punishment center as a condition of probation, suspended imposition of sentence
or post prison transfer.
V.
POLICY:
It is the policy of the Department to allow offenders access to
the opportunities and means to learn about religions and to practice a religion
of choice, without undue restriction.
VI.
PROCEDURES:
A. Chaplaincy services shall establish and
review annually a policy and procedures manual guiding ministers and volunteers
regarding religious practices within the Department.
B. Any restrictions to be placed on the
practice of religion will be approved by an ad hoc committee comprised of the
Director's staff and the Administrator of Chaplaincy Services. A representative
of the affected religion will be afforded the opportunity to present the case
against the restriction. The committee will make a recommendation for the
approval of the Director.
C.
Wherever restrictions are necessary, the least severe acceptable restriction
will be used, and a substantive equivalent, if available and not imposing an
undue burden on Department officials, will be provided for the restricted
activity.
D. Any religious activity
which involves inflammatory statements about the characteristics, beliefs
practices of another group, threats against the order and safety of the
facility, or instigation of conflict among the group members which compromises
the safety of the group or the safety of others may be curtailed immediately
with the approval of the senior security officer on duty.
E. Restrictions of religious practice may be
placed on clearly defined groups of offenders, based on their security status
and the breach of security that allowing those practices would entail. Such
restrictions shall apply evenly to all offenders of the same security status.
And, where consistent with good security, alternative opportunities for the
practice of religion shall be afforded.
F. The Department shall show no favoritism
toward, nor selectively impose restrictions against, a particular religion.
However, the burden for demonstrating that an unusual, illogical or unorthodox
set of practices does have scriptural, historical and consensual validity as a
religion, is placed upon the offender.
G. Participation in religious activities
shall be voluntary. Participation in some activities may be restricted, where
canon law or the tenets of the religion demand such restriction. Any
restrictions imposed must be registered with the Administrator of Chaplaincy
Services or appropriate staff and have prior approval.
H. Fasts or dietetic restrictions are
permitted. Additional or substitutional food items require prior approval
through the Administrator of Chaplaincy Services or appropriate staff. Food or
beverage items that would otherwise be contraband must have prior approval of
the Director. Blanket approval may be given and rules set by the Administrator
of Chaplaincy Services or appropriate staff.
I. The Department shall not furnish religious
materials. Access to purchased or donated religious materials may be arranged
through the Administrator of Chaplaincy Services or appropriate staff, in
consultation with the appropriate Deputy or Assistant Director.
J. Application for approval of visits by
spiritual advisors should follow normal visitation procedures. Special visits
should be channeled through the senior chaplain of the facility who will make a
recommendation to the warden/center supervisor.
K. Notification to offenders of family
emergencies and notification to families of offender mishaps shall involve the
Chaplaincy Services.
VII.
REFERENCES:
ACA Standard 3-4459; 3-4460; 3-4461; 3-4300.
Board Approval Date: 2/17/94
Effective Date: 3/10/94
