Current through Register Vol. 63, No. 9, September 1, 2024
(1) An inmate may make a request for
religious accommodation for the following:
(a) A religious activity not currently
available at the facility where the inmate is housed;
(b) A religious item not currently approved
by the department; or
(c) A special
religious diet.
(2) The
inmate shall submit the request for religious accommodation by writing to the
facility chaplain or designee. The inmate shall clearly state the religious
activity, religious item, or special religious diet requested.
(3) The chaplain or designee will review the
request to determine if it is covered by established rule or operational
practice and respond to the inmate accordingly.
(4) If the religious activity, religious
item, or special religious diet is not covered by rule or operational practice,
the chaplain or designee will have the inmate fill out a Religious
Accommodation Request form (CD1571). The inmate must complete the form in the
presence of the chaplain or designee.
(5) The chaplain or designee may conduct an
interview with the inmate to gain a better understanding of the inmate's
specific request and to clarify the inmate's written responses.
(6) The chaplain or designee will evaluate
the request, and send written comments, together with the Religious
Accommodation Request form and any necessary documents, to the Religious
Services administrator.
(7) The
Religious Services administrator shall review the documents, and either approve
or deny the inmate's request. The facility chaplain or designee and the inmate
will be informed once a decision has been made.
(8) Religious Diet Program: If the inmate's
request for a special religious diet is approved, the following additional
steps will be taken:
(a) The chaplain or
designee will have the inmate read the diet participation agreement.
(b) The inmate must sign the participation
agreement, indicating the inmate's agreement to abide by the conditions of
program participation. The chaplain or designee shall also sign the agreement.
A copy of the signed participation agreement will be sent to the institution
Food Services manager, Religious Services administration, the inmate's file,
and the inmate.
(c) Voluntary
Termination:
(A) An inmate may voluntarily
terminate his/her participation in the diet program by submitting a written
request to the facility chaplain or designee. The facility chaplain or designee
will terminate the inmate from the religious diet program.
(B) An inmate who has voluntarily terminated
from participation in the diet program, may request reinstatement to the
program no sooner than 60 days following the date of termination by writing to
the facility chaplain or designee. The facility chaplain or designee will
reinstate the inmate to the religious diet program.
(d) Suspension/Termination:
(A) An inmate who violates the conditions of
the participation agreement may be suspended temporarily from the program.
After the suspension, the inmate will meet with the facility chaplain or
designee.
(B) An inmate who has
been temporarily suspended from the diet program, may request reinstatement to
the program by submitting a written request to the facility chaplain or
designee.
(C) An inmate who
violations the conditions of the participation agreement after reinstatement
from a suspension, may be permanently terminated from participation in the diet
program, subject only to the decision of the Religious Services Administrator
upon administrative review.
(e) Administrative Review:
(A) An inmate who has been permanently
terminated from participation in the diet program, may request an independent
review of the termination by writing to the Religious Services Administrator
within 15 days of the date of termination from the program. The review request
should specify the reason(s) why the inmate should be reinstated to the
program.
(B) Upon review, the
Religious Services Administrator may determine, in his/her sole discretion, to
reinstate the inmate or to order the inmate's permanent termination from the
program. The Religious Services Administrator should l notify the inmate in
writing of his/her decision within 60 days. The Religious Services
Administrator's decision is final and not subject to further review.
Statutory/Other Authority: 179.040, 423.020, 423.030 &
423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
423.075