Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 471.00 - Religious Programs And Services
Section 471.06 - Inmate Access to Religious Programs and Services

Universal Citation: 103 MA Code of Regs 103.471

Current through Register 1531, September 27, 2024

(1) General. The rights of inmates to practice their religious beliefs, or to confer with the clergy person of an accredited religious group shall not be abridged, provided that these activities do not threaten the safety, security or orderly running of the institution. Specifically, subject to subsequent provisions of this policy, the following shall apply:

(a) No inmate shall be denied the exercise of religious beliefs and the liberty of worship according to the dictates of his or her conscience.

(b) No inmate shall be required or expected to attend any religious programs or services, or to adhere to any religious belief.

(c) No inmate shall be denied personal contact with accredited representatives of his or her faith.

(d) Inmates shall notify the Department of their religious affiliation at the time of their initial booking. Booking staff shall enter the reported religious affiliation in the designated IMS screen. Any inmate who requests to change his or her religious affiliation shall notify the Superintendent's designee in writing. The inmate shall be asked a series of written questions by the Superintendent's designee to determine the inmate's sincerity of belief. Inmates shall be allowed to change their religious affiliation once per year. When there are changes to an inmate's religious affiliation, the designated IMS screen shall be updated by the Superintendent's designee. Inmates may declare only one faith at a time.

(2) Security. No portion of 103 CMR 471.00 shall be interpreted or implemented in such a way as to threaten the security, safety or well-being of the institution, its visitors, volunteers, vendors, inmates, staff or the public.

(3) Limitation of Access. The Superintendent or designee may limit religious programs, practices or services if such would threaten the security, safety or well-being of the institution, its visitors, volunteers, vendors, inmates, staff or the public, and where there are specific facts to substantiate the threat. Superintendents with questions regarding the limitation of religious programs, practices or services should contact the Assistant Deputy Commissioner. All limitations of religious programs, practices and services will be documented via a letter to the Deputy Commissioner of Reentry.

(4) Cancellation of Programs and Services. The Superintendent or designee shall have the right, without notice, to cancel, postpone, restrict, or limit an inmate's participation in any religious program, practice or service. This action will be exercised only if the religious activity, or the inmate's participation in the activity, could jeopardize the security, safety or well-being of the institution, its visitors, volunteers, vendors, inmates, staff or the public. All cancellations, postponements or restrictions will be documented by the Shift Commander, and written notification and explanation will be given to the Institution Chaplain.

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