Current through Register Vol. 49, No. 9, September, 2024
I.
Authority
The Board of Correction is vested with the authority to
promulgate this Administrative Regulation by Act 50 of 1968 as amended.
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 Regulation applies to all staff and inmates
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 inmate of the Department.
IV.
Definitions
A.
Religion refers to 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 refers to an
individual ordained or otherwise recognized, according to the precepts of the
religion represented, as qualified to teach religious precepts, provide
spiritual counsel, and conduct religious services.
C. Volunteer refers to an individual having
the approval of a religious group or authority, approved through the procedures
of the Department, and trained in applicable regulations and expectations of
conduct to be followed inside the Department, who provides for, or assists in
providing for, the religious needs of inmates,
D. Restrictions refer to generally diminished
rights consistent with incarceration and to specific limitations on religious
conduct deemed necessary to meet legitimate penological interests.
V.
Policy
It is the policy of the Department to allow inmates 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
institution, 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 inmates, based on their security status and
the breach of security that allowing those practices would entail. Such
restrictions shall apply evenly to all inmates 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 inmate.
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 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. Food or beverage items that
would otherwise be contraband must have prior approval of the Director. Blanket
approval may be given and regulations set by the Administrator of Chaplaincy
Services.
I. The Department
shall not furnish religious materials-Access to purchased or donated religious
materials maybe arranged through the Administrator of Chaplaincy Services, in
consultation with the Assistant Director for Institutions.
J. Application for approval of visits by
spiritual advisors should follow normal visitation procedures. Special visits
should be channelled through the senior chaplain of the Unit/Center who will
make a recommendation to the warden.
K. Notification to inmates of family,
emergencies and notification to families of inmate mishaps shall involve the
Chaplaincy Services.
VII.
References
Board of Correction Approval Date: 3/30/90
Attorney General Review Date: 3/30/90
Date Rled Secy, of State: 4/2/90
Supersedes; AR 870; 882
Dated: 9/30/88; 9/30/88
