Current through Register 1531, September 27, 2024
(1)
General Policy.
Each institution shall make reasonable efforts to establish and maintain
religious activities and services for all inmates who are affiliated, or wish
to become affiliated, with recognized religious denominations or groups.
Approved religious practice and property items for recognized religious
denominations or groups are listed in the Religious Services
Handbook.
(2)
Clergy
Services. The Superintendent, or designee, and the Institution
Chaplains, should make reasonable efforts to ensure that an accredited
representative of an inmate's religious faith is available to provide formal or
informal services to inmates who so request wherever the inmate is confined
within the institution.
(3)
Religious Groups. Recognized religious groups or
denominations are listed in the Religious Services Handbook. An inmate who is
affiliated with, and wishes to participate in, a recognized religious group not
currently functioning at an institution, should comply with the procedures
outlined in
103 CMR
471.09.
(4)
Religious
Activities. Each religious group is encouraged to plan its own
activities, using the appropriate community and institution resources.
Religious activities include, but are not limited to: worship, interfaith
services, religious instruction, reading and study, religious discussion
groups, and pastoral counseling.
(5)
Special Religious
Diets.
(a) Inmates whose
religion places restrictions on diets should be permitted access to a special
religious diet. However, in limited situations where the institution/Department
is not able to meet all aspects of a special religious diet request due to
security and/or facility limitations, the institution shall make every effort
to provide a reasonable accommodation to the diet request. Requests for special
religious diets shall be initiated by interested inmates, using the Special
Diet Request Form, which is available in all inmate libraries. The form shall
be submitted to the Superintendent's designee. To ensure continuity of an
inmate's special religious diet upon transfer to another facility, the
information shall be entered into the designated IMS screen. An inmate's abuse
of an approved special religious diet may result in his or her removal from a
special religious diet.
(b) Where
religious holidays specify particular dietary requirements
(e.g., Passover, month of Ramadan), special arrangements
should be made so that inmates are able to adhere to their religious
beliefs.
(6)
Facilities for Services. Adequate space and equipment
shall be provided for the conduct and administration of religious programs.
Recognized religious denominations or groups shall be provided a place for
services. Based on security needs, the size of groups at services may be
restricted by the Superintendent or designee.
(7)
Scheduling.
Institution Chaplains shall post religious program and service schedules in
appropriate housing units to keep inmates and staff informed of religious
programs and services.
(8)
Special Services. Special religious services may be
scheduled with visitors and inmates with approval of the
Superintendent.
(9)
Religious Publications. Inmates may have access to
approved religious books, magazines, and newspapers as set forth in
103 CMR
403.00: Inmate Property, and 481.00:
Inmate Mail. Inmates shall not have direct access to the
Internet to order religious books.
(10)
Inmate Requests for
Religious Practices, Programs, Groups or Items Not Currently
Approved. An inmate who requests to participate in a religious
practice, program or group not currently approved, or who requests to possess a
religious item not approved in the Religious Services Handbook or in
103 CMR
403.00: Inmate Property, shall:
(a) Submit a written request, using the
Inmate Religious Services Request Form to the Superintendent's designee. Inmate
Religious Services Request Forms shall be available to all inmates in the
inmate library. This process, as set forth herein, shall be the sole
means/mechanism by which an inmate may seek a religious practice, program,
group or religious item not otherwise approved.
(b) The Superintendent's designee shall
acknowledge receipt of the request, by providing a dated copy of the completed
request form to the inmate. The Superintendent's designee shall forward the
request to the Superintendent within ten business days.
(c) The Superintendent shall determine
whether the request may be reasonably accommodated in light of the
institution's available resources and security level, and, based on that
determination, shall recommend approval, an alternative, or recommend denial of
the request to the Religious Services Review Committee within ten business
days.
(d) The Religious Services
Review Committee shall review the inmate's request, and the Superintendent's
recommendation, and then shall approve, modify, or deny the request within 60
business days of receipt. The Religious Services Review Committee has the
discretion to extend the time in which to issue a decision, if additional
information about the practice, program, group or item is required. The
Religious Services Review Committee may also determine that a reasonable
alternative will serve to satisfy the request.
(e) The Director of Program Services shall
provide the Superintendent with written notification of the Religious Services
Review Committee's decision. The Superintendent shall ensure that the written
notification is provided to the inmate and that the date served is documented.
If the request is denied, the notification shall include the reasons for
denial. Denied requests shall inform the inmate of his or her right to
appeal.
(f) An inmate whose request
has been denied may appeal to the Commissioner or designee. The original
request must accompany the appeal. The appeal must be filed within ten business
days from receipt of the Religious Services Review Committee's
decision.
(g) The Commissioner or
designee shall have 30 business days in which to uphold, modify, or overturn
the decision of the Religious Services Review Committee and shall inform the
inmate, Superintendent and Religious Services Review Committee, in writing, of
the final decision on the inmate's request.
(h) The appeal mechanisms set forth in 103
CMR 471.08(10) shall be the exclusive administrative remedies by which to
appeal from an adverse decision regarding inmate requests for religious
practices, programs, groups or items.
