California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 3 - Incarcerated Person Activities
Article 1 - Religious Program
Section 3213 - Stipulations Regarding Ceremonial Drink, Religious Items, and Sanctuaries
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Prior written approval of the institution head or their designee shall be required for any person to bring a ceremonial drink, such as sacramental wine, or any religious item into a facility.
(b) An incarcerated person may possess any religious item authorized in the Religious Personal Property Matrix (RPPM) (Rev. 6/27/13), which is incorporated by reference in subsection 3190(b). As defined in the RPPM, and subject to reasonable search by staff, an incarcerated person may wear or carry at any time, the following: beaded headband, beaded wrist band, beaded choker, religious medallion and chain, religious headgear, medicine bag, prayer beads, and tallit katan/tsitsit.
(c) Medicine bags shall be constructed of soft leather or other natural material without a lining and shall not exceed 2 x 3 inches in diameter. The bag shall be constructed to be closed with a drawstring. During a search of an incarcerated person's medicine bag, the incarcerated person shall empty the medicine bag of its contents in the presence of staff. Staff shall then visually inspect the medicine bag and its contents for contraband. Any contraband items that are found shall be disposed of in accordance with subsection 3191(c). The incarcerated person shall return any non-contraband items into the medicine bag.
(d) Except as specified in subsection 3213(c), all religious items shall be subject to reasonable searches by staff.
(e) The institution head or designee retains the authority to remove or restrict use of an approved religious item in accordance with subsection 3006(d), based on a serious threat to facility security or to the safety of incarcerated persons and staff, and to the degree necessary to eliminate the threat. The removal or restriction may continue for a period of up to 30 calendar days and shall be documented on a CDC Form 128-A (Rev. 4/74), Custodial Counseling Chrono, pursuant to section 3312. Removal or restriction of an approved religious item for longer than 30 calendar days shall require approval by the Associate Director of the Statewide Religious Review Committee (SRRC), as defined in section 3000. At the end of the removal or restriction period, either of the following will occur:
(f) Sanctuaries (e.g., chapels), Native American Sweat Lodge Grounds, Outdoor Religious Grounds, and other areas designated for religious use shall be subject to reasonable searches by staff.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code; and Section 1996, Title 42, United States Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code; and Section 1996, Title 42, United States Code.