Michigan Department
of Corrections
Policy Directive
Religious Beliefs and Practices of Prisoners
Effective Date 05/24/04
Policy Number: 05.03.150
Supercedes: 05.03.150 (05/01/01)
POLICY STATEMENT:
Prisones shall be permitted to exercise their religious beliefs within the
constraints necessary for the order and security of the facility.
RELATED POLICIES:
03.02.105 Volunteer Services
and Programs
04.05.120 Segregation
Standards
05.03.140 Prisoner Visiting
POLICY:
GENERAL INFORMATION:
A. For purposes of this policy, "Warden" includes the Special Alternative
Incarceration Program facility (SAI) Administrator.
B. For purposes of this policy. "prisoner" includes parolees in corrections
centers and Technical Rule Violation Centers (TRV's) and probationers
in SAI.
C. This policy applies to prisoners in Correctional Facilities Administration
(CFA) institutions and in Field Operations Admistration (FOA) corrections
centers, TRV's and SAI.
D. Religious freedom is a contitutionally guaranteed right. All
recognized religions shall enjoy eaual status and protection, sucject
to those limitations necessary to maintain the order and security of
the facility, including the health and safety of prisoners and staff.
E. No employee, agent o fthe Department or other prisoner shall proselytize,
nor permit others to proselytize, any prisoner without his/her consent. No
prisoner shall be discriminated against, or given preferential treatment, because
of his/her religious beliefs or practices.
F. Except in SAI, prisoners may maintain head and facila hair in accordance
with their religious beliefs provided that reasonable hygiene is maintained
and prisoner identification cards are kept current. Prisoners in
SAI are required to maintain head and facial hair as set forth in PD
04.105 "Special Alternative Incarceration Program".
G. Chaplains shall not be assigned duties that are primarily the responsibility
of custodial staff. Religious volunteers also shall not be used
to perform custodial or any other duties or duties that are the responsibility
of staff.
H. A prisoner may contibure funds to external religious organizations
in accordance with PD 04.02.105 "Prisoner Funds".
Chaplaincy Advisory Council
1. A Chaplaincy Advisory Council (CAC) comprised of representatives
of various faiths and denominations; shall serve in an advisory capacity
to the Department regarding religious
policy and programming. The CFA Special Activities Coordinator shall be a member
of the CAC and ensure that all religions are represented. Organization and membership
of the CAC is governed by its constitution and bylaws. The CAC constitution and
bylaws shall not conflict with any Department policy or procedure, and are subject
to the approval of the CFA Deputy Director.
J. Upon request of the CFA Deputy Director or designees, the CAC or
its individual members may assist in evaluating religious programming
and the screening and selection of institutional chaplains.
DEPARTMENT RECOGNIZED RELIGIOUS GROUPS
K. The Department recognizes religious groups for the purpose of identifying
those groups authorized to conduct group religious services and activities
and/or identifying authorized personal religious property prisoners belonging
to the religious group may possess, subject to PD 04.07.112 "Prisoner
Personal Property" and PD 06.04.105 "Special Incarceration
Program." Attachment A identifies those religious groups recognized
by the Department that are authorized to conduct group religious services
and all authorized personal religious property members of that religious
group may possess. Attachment B identifies those religious groups recognized
by the Department that are not authorized to conduct group religious
services but whose members are authorized to possess personal religious
property. Prisoners are allowed to possess personal religious reading
material of any religion as set forth in Paragraph II.
L. The CFA Special Activities Coordinator shall maintain a manual setting
forth general information on the beliefs, practices and customs of each
recognized religious group. The CFA Special Activities Coordinator shall
ensure that the manual is distributed to SAI and all TRVs and CFA institutions.
M. A prisoner or group of prisoners belonging to a religious group not
recognized by the Department may request Department recognition of that
group by submitting a written request to the Warden, FOA Regional Administrator,
or designee, as appropriate. The request shall include information regarding
the group's religious beliefs and practices. The Warden of FOA Regional
Administrator shall ensure that all requests and supporting documents
are referred to the CFA Special Activities Coordinator for review through
the appropriate chain of command. The CFA Special Activities Coordinator
shall present the material to the CAC for additional review, if needed.
The CFA Special Activities Coordinator shall forward his/her recommendation,
and that of the CAC if applicable, to the CFA Deputy Director for a final
determination.
N. The CFA Deputy Director shall make the final decision as to whether
a religious group will be granted Department recognition and, if so,
whether group religious services and activities and personal religious
property will be allowed. The group shall be granted recognition if it
is a determined to be a bona fide religious group with beliefs and practices
not adequately represented by an existing recognized religious group,
based on any recommendation received from the CAC. The decision whether
to allow the group to conduct group religious services and activities,
and whether to allow personal religious property, shall be based on whether
the practice of the religion or possession of the property item would
pose a custody and security threat; the decision whether to allow the
group to conduct group religious services and activities also shall be
based on the number of prisons identified as belonging to the religious
group. All RPA's, Wardens and FOA Regional Administrators shall be advised
of the final decision
SOLICITATION/RECEIPT OF FUNDS
O. Recognized religious groups, and prisoners acting on behalf of the
group, may solicit and collect funds only as specifically authorized
by this policy. Religious groups that are not recognized
by the Department cannot solicit or collect funds from any source.
P. Recognized religious groups adn their members are prohibited from
charging or receiving donations or anything else of value from any perisoner,
including prisoners who are members of the group or who wish to attend
group services or activities. Recognized religious groups are permitted
to receive funds from the Prisoner Benefit Fund (PBF), in accordance
with PD 04.02.110 "Prisoner Benefit Fund". Funds received from
the PBF may be spent only as follows, subject to the Warden's approval:
1. For special entertainment available
to all general population prisoners in the facility (e.g., guest speaker,
musical group).
2. To sponsor comptetive events available
to all general population prisoners in teh facility.
3. To contribute to a charitable organization.
4. To purchase items benefiting the
religious group.
5. Other expenditures as approved
by the Warden; however, under no cirucmstances shall funds be used to purchase
personal property for prisoners or any computer equipment. Funds
received by the religious group also shall not be used for banquets or
similiar special meals.
Q. All funds collected by a recognized religious group shall be deposited
directly into an institutional account created for the group. The
account shall be created and maintained as a sub-account of the PBF. The
institution's Adminstration Officer shall ensure the proper handling
of cash, sales records and receipts, and the reconciling and depositing
of all funds. Funds remaining in the account of a religious group which
as not had a member for at least one year shall be placed in the PBF
and the account closed. The Department and its emplyees are not
responsible for the unpaid bills of a recognized religious group.
RELIGIOUS SERVICES AND ACTIVITIES
R. A prisoner shalln ot be restrivted from joining and attending
the services of a religious group on the basis of race, color or nationality.
S. Information on group religious services and activities available within
a CFA facility or in SAI, as appropriate, shall bemade available to prisoners
during orientation. CFA prisoners also shall be kept informed about
opportunities to participate in offered religious services and activities
on a continuing basis. This shall include posting a schedule of
all offered religious services and activities on a continuing basis. Prisoner attendance
at CFA and SAI group religious services and activities shall be scheduled by
the chaplain in conjunction with the appropriate Assistant Deputy Warden or
SAI Adminstrator and, for CFA, in accordance with PD 04.04.130 "Movement
by Prisoners Within an Institution". Prisoner attendendance at
religious services and activities in a TRV shall be scheduled by the
TRV Manager or designee.
T. Each prisoner shall be allowed to identify his/her religious affilliation,
but will not be recognized as belonging to, or allwed to participate in the
services or activities of, moe than one religious group at any given time. CFA
prisoners may change their religious affiliation no more often than twice
a year and must provide written notice of the change to the institutional Chaplain. The
Declaration of Religious Preference form (CSJ-177) shall be used to identify
and change religious affiliation. The form shall not be retained in
the prisoner's Central
Office, Record Office or Counselor file, unless requested in writing
by the prisoner. In CFA, the Warden shall ensure that the prisoner's religious
affiliation as identified on the Declaration of Religious Preference
form is entered on the Department's computerized database
(e.g.. CMIS; OMNI) within five business days. After receipt
of the form by the chaplain.
U. A Warden or FOA Regional Administrator may prohibit a religious
practice only if it is a threat to custody and security. If
a religious practice is prohibited, the Warden or FOA Regional Administrator
shall report it to the CFA Special Activities Coordinator within one business
day.
V. Prisoners shall not serve as clergy or leaders of religious groups
even if qualified to do so, except as set forth in Paragraph GG. Prisoners
who hold ecclesiastical credentials shall not have those credentials recognized
within a Department facility.
W. Staff shall not make special provisions for the observance of religious
holidays excepts as authorized and specifically provided for by Department
policy.
GROUP SERVICES/ACTIVITIES
X. Group religious services may be offered in a corrections
center; subject to the approval of the FOA Regional Administrator. Group
services offered at a corrections center must comply with all requirements
set forth in this section for TRV's. Prisoners in a corrections center
shall be permitted to attend legitimate religious services offered in the
community even if services are offered in the center consistent with PD
06/03/103 "Residential and Electronic Programs: Authorized Absences," unless
the prisoner is temporarily restricted to the center in accordance
with procedures issued by the FOA Deputy Director. Any
questions regarding the legitimacy of community religious services shall
be directed to the CFA Special Activities Coordinator.
Y. Group religious services shall be offered at all CFA facilities,
TRVs and SAI for prisoners belonging to a recognized religious group, except
that group religious services in Level VI shall be subject to the approval
of the Warden. Each group shall be allowed a weekly religious
service if resources permit; however, a service is not required to
be conducted at a CFA institution if there are less than five prisoners
within the same security level of that institution who actively participate
in the religious activities of a group. If resources such as time
or space are limited, the following shall be followed in allotting available resources:
1. Each major faith group within
the same custody level of a facility may be required
to hold joint services; e.g., there may be one nonsectarian service for
Christian prisoners, one for Islamic prisoners, one for Jewish prisoners and
one for Native American prisoners.
2. The Warden, TRV Manager or
designated may establish a maximum number
of hours which will be available per week or month for group religious services
and activities and divide those hours among recognized religious groups
at his/her facility. While preference may be given to those recognized
religious groups with the larger numbers, all recognized religious groups
shall be allowed at least some opportunity for group services.
Z. There shall be at least one suitable area designated for
conducting group religious services and activities within each CFA institution,
TRV and SAI. Staff shall have access to any area where group religious
services or activities are being conducted; however, staff shall be as
respectful of religious practices as possible, consistent with necessary
custody and security controls. These areas shall be subjected to
search, which shall be conducted in the presence of chaplains, if possible;
however, searches shall not be delayed if a chaplains is not readily available. Care
should be taken so that items which have been consecrated or are considered
sacred are treated with respect and appropriate care.
AA. In Level IV, V and VI, group religious services and activities shall
have in-room staff supervision at all times. In Level II and III,
every effort shall be made to have in-room staff supervision when a religious
service is being lef by a prisoner assistant pursuant to Pargraph GG.. In
all other cases, the Warden or TRV Manager, as appropriate, shall determine
the need for in-room staff supervision for group services and activities. However,
staff must be readily available in the area when in-room staff supervision
is not required. Staff providing in-rrom supervision shall remain
in the room where the service or ctivity is being conducted during the
entire service or activity. To ensure that prisoners are engaging
only in conduct appropriate to the practice of the religion, staff providing
in-room supervision shall listen to and watch those attending the service activity. This
supervision shall be as unobtrusive as possible, consistent with custody and
security controls.
BB. When attending group religious services or activities, prisoners
shall engage only in conduct appropraite to the practice of the
religion. Prisoners shall not guard or control, or position
themselves so as to appear to be guarding or controlling, the entrance
to or exit from the religious service or activity. Millitaristic type
behaviro (e.g., saluting each other, marching) shall not be permitted. Failure
to comply with these requirements may result in the prisoner being
required to leave the area or result in termination of the service
or activity.
CC. Prisoners shall not be released from work or school assignments to
attend group religious services or activities, consistent with
restrictions on attending other personal interest activities. Religious
services and activities should be scheduled when the majority
of prisoners have leisure time (e.g., evening and weekend hours). If resources
permit, additional services and activities may be scheduled to accommodate
those prisoners who are normally on a work or school assignment when
other prisoners have leisure time. Chaplains shall be available at the
facility when the majority of services and activities are scheduled.
DD. The Warden, FOA Regional Adminstrator or designee may reschedule
any group religious service or activity at his/her facility,
or restrict the size of the group attending religious services
or activities, for custody and security reasons.
Additional CFA Requirements
EE. Group religious services and activiteis shall be offered only
fro religious groups recognized by the Department. Prisoners
shall be permitted to attend only teh group religious services
and activities offered for the religion s/he has designated in writing as
his/her religious afficition, except that attendance at such activities by
a prisoner in Level VI shall be subject to the approval of the
Warden. Group religious services and activities for prisoners
in segregation shall be offered only as set forth in PD 04.05.120 "Segregation
Standards".
FF. The Warden may suspend religious group services and activities if
holding the service or activity would constitute a threat to the
order and security of the institution. If a Warden suspends
group religious services or activities, it shall be reported through the
apprpriate chain of command to the CFA Special Activities Coordinator. Group religious
services and activities may not be suspended for more than one week without
authorization from the appropriate RPA and notification to the CFA Special Activities
Coordinator.
GG. The institutional chaplain may approve a prisoner to temporarily
assist in leading a group religious service only if the chaplain is not theologically
qualified or ecclesiastically permitted to lead the service and there are
no qualified outside volunteers nearby who are available to lead the service. In
such cases, in-room staff supervision shall be provided as set forth in Paragraph
AA. Prisoners acting as temporary assistants to the chaplain shall
not be recognized by courtesty titles (e.g., Priest, Reverend, Imam, Padre,
Father, Sister, Brother, Grand Shiek) in the institution; they also shall
not represent themselves to members
of the public, staff or other prisoners with such titles.
HH. Institutional chaplains shall maintain
records of attendance at group religious services
but shall not include those records in a prisoner's Central Office, Record
Office or Counselor file.
RELIGIOUS MATERIALS
II. Prisoners are allowed
to receive religious reading material through the mail and,
in CFA, from the institutional chaplain, subject to PD 04.07.112 "Prisoner Personal
Property", PD 05.03.118 "Prisoner Mail" and PD 06.04.105 "Special Alternative
Incarceration Program". This includes reading materials about a religious
group not granted recognition by the Department Institutional chaplains
shall ensure that religious reading material from a variety of religious groups
is available for prisoner use.
JJ. In addition to religious
reading material, prisoners are allowed to possess personal
religious property which are necessary to the practice of the prisoner's
religion unless the item presents a threat to the custody and security
of the facility, as determined by the CFA Deputy Director and subject to
PD 04.07.112 "Prisoner Personal Property" and PD 06.04.105 "Special Alternative
Incarceration Program." Attachments A and B identifies personal religious
property authorized by the CFA Deputy Director for prisoners who are members
of a religious group recognized by the Department. Only religious property
identified on the attachments shall be permitted. The attachments also
identify restrictions on the possession and use of such property.
KK. Prisoners in a CFA institution or a TRV
may possess personal religious property
that has not already been authorized by the CFA Deputy Director only with
approval of the CFA Deputy Director. Such requests from prisoners must be
submitted a request in writing to the Warden, TRV Manager or designee, as appropriate,
and include a description of the religious item along with an explanation
of its significance to the prisoner's designated religion. The Warden,
TRV Manager or designee shall forward the request and any supporting
documents to the CFA Special Activities Coordinator through the appropriate
chain of command. The CFA Special Activities Coordinator shall present
the material to the CAC for review as needed prior to submission to the CFA
Deputy Director.
LL. The CFA Deputy Director shall make
the final decision as to whether the religious
item will be approved based on whether it is necessary to the practice of
the prisoner's religion and whether possession of the item would pose a threat
to the custody and security of the facility. The decision whether the item
is necessary to the practice of the prisoner's designated religion shall be based
on any recommendation received from the CAC. The Warden, TRV Manager
or designee, as appropriate, shall be advised of the final decision; The Warden,
TRV Manager or designee shall notify the prisoner.
MM. If a prisoner
in a CFA institution or a TRV changes his/her designated religion, any
religious items, other than reading material in his/her possession, that are not
necessary to the practice of the prisoner's newly designated religion shall be
considered contraband. Contraband in a CFA institution shall be disposed of
as set forth in PD 04.07.112 "Prisoner Personal Property."
NN. Wardens shall authorize vendors from
which prisoners may purchase religious reading
material and other approved religious materials for each religious group recognized
by the Department. Wardens of institutions housing prisoners who are
not members of a recognized religious group but who are approved to possess
personal religious property, in addition to reading material, by the CFA
Deputy Director also shall authorize vendors for those property items. In CFA,
prisoners may purchase approved personal religious property other than reading
material only through the institution from authorized vendors in accordance
with PD 04.07.112 "Prisoner Personal Property"; religious reading material
may be purchased as set forth in PD 05.03.118 "Prisoner Mail." Religious
property, including reading material, in a CFA institution is subject to
the retail value limit set forth in PD 04.07.112 "Prisoner Personal
Property".
OO. Prisoners in a corrections center may possess additional materials
of religious significance that do not pose a custody and security
concern within the facility, as approved by the appropriate Manager. Questions
regarding the religious significance of an item shall be referred
to the CFA Special Activities Coordinator.
RELIGIOUS MENUS/MEALS
PP. The regular diet menu shall be posted a minimum of one week in advance
in all facilities at which meals are provided to prisoners to
permit observance of any religious dietary restrictions. Prisoners
shall be permitted to abstain from any foods that violate their
religious tenets. Non-meat entrees shall be available as set forth in PD
04.07.100 "Offender Meals".
QQ. Adequate menu substitutions shall be available to prisoners in all
facilities at which meals are provided to meet necessary religious
dietary restrictions. Any questions as to whether a menu
substitution is required shall be referred to the CFA Special Activities
Coordinator for resolution.
RR. The CFA or FOA Deputy Director or designee may authorize the development
of a separate menu to meet the necessary religious dietary restrictions
of a prisoner. Such menus shall meet the minimum nutritional
standards set forth in PD 04.07.100 "Offender Meals". The
appropriate Deputy Director or designee shall have final approval
of such menus and shall determineat which facilities the meals will be offered. Kosher
meals shall be provided in CFA institutions as set forth in OP 05.03.150-A "Kosher
Meal Program".
SS. The Manager of the Food Service Section, CFA, shall maintain a list
of approved religious menus and the facilities at which the meals
are offered. The list shall be distributed to all RPA's
and Wardens and to the CFA Special Activities Coordinator; for
FOA menus and facilities, the list shall be distributed to the FOA Deputy Director or
designee.
TT. A prisoner may eat from a religious menu only with approval
of the CFA Special Activities Coordinator. approval shall be granted
only if it is necessary to the practice of the prisoner's designated
religion. To request approval, the prisoner must submit a written
request to the Warden, TRV Manager, or designee, as appropriate, who shall obtain
information regarding the prisoner's request and religious beliefs prior to referrring
the request tot he CFA Special Manager or designee, as appropriate, of the decision;
the Warden or TRV Manager shall ensure that the prisoners is notified. A prisoner
whose request is denied shall not be allowed to submit another request to eat from
that religious menu for at least one year.
UU. A prisoner approved to eat from a religious menu shall be provided
appropriate meals within a reasonable time after the approval. In
CFA, the prisoner shall be transferred to an insititution offering
the meals, if necessary. Once the meals are provided, the prisoner
shall not be allowed to eat from the regular menu. The prisoner shall continue
to be provided meals from the religious menu except as set forth in Paragraphs
VV and WW.
VV. A prisoner approved to eat from a religious menu must notify the
Warden in writing if s/he no longer wants to eat from that menu. The
approval shall be rescinded upon receipt of the request.
WW. A prisoner approved to eat from a religious menu shall have that
approval rescinded if s/he eats, or has in his/her possession,
any food item that violates a tenet of his/her designated
religion. The approval shall be rescinded only after a hearing is conducted
pursuant to Administrative Rule 791.3310 to establish the basis for that removal. A
prisoner may reapply
to eat from a religious menu no sooner than 60 calendar days after approval is
rescinded the first time and no sooner than one year after approval is rescinded
a second time. A prisoner may reapply to eat from a religious menu only with
approval of the CFA Deputy Director if approval has been rescinded more than
twice.
XX. Pursuant to court order, an annual Passover Seder shall be conducted
at the Southern Michigan Correctional Facility (JMF) and/or the Parnall
Correctional Facility (SMT) under the direction of the CFA Special Activities
Coordinator. The Seder shall be conducted in accordance with the court
order and this policy. Only prisoners who designated Judaism as their
religious affiliation shall be permitted to attend the Seder. The Warden
shall determine necessary custody supervision, consistent with requirements
set forth in this policy.
YY. Prisoners shall be permitted to observe religious fasts that are
necessary to the practice of their religion, as approved by the CFA Special
Activities Coordinator. A prisoner or group of prisoners who wants to
observe a religious fast that has not already been approved by the CFA
Special Activities Coordinator must submit a written request to do so
to the Warden, FOA Regional Administrator or designee, as appropriate,
which shall include information regarding the religion's beliefs and
practices. The Warden, FOA Regional Administrator or designee shall refer
the request and supporting documents to the CFA Special Activities Coordinator
through the appropriate chain of command for approval. The CFA Special
Activities Coordinator shall present the material to the CAC for additional
review, if needed. Approval shall be granted only if the fast is necessary
to the practice of a bona fide religion and observance of the fast would
not pose a threat to the order and security of the facility. The observance
of the fast would not pose a threat to the order and security of the
facility. The CFA Special Activities Coordinator shall ensure RPAs, Wardens
and TRV Managers are notified of approved religious fasts, as necessary.
ZZ. Special religious meals and food items shall be provided to prisoners
only as set forth in this section. This does not apply to food items
that may be sold in the prisoner store pursuant to PD 04.02.130 "Prisoner
Store" or provided to prisoners as religious sacraments.
CLERGY AND RELIGIOUS VOLUNTEERS
AAA. All prisoners shall have access to members of the clergy as set
forth in this policy, including clergy for a religious group which has
not been granted recognition by the Department. For purposes of this
policy, "clergy" is defined as a leader of a religious organization
or entity such as a church, mosque or synagogue, or a person who has
been granted clergy status by a recognized religion. It does not include
anyone who is self-ordained or designated as clergy by a prisoner.
BBB. Clergy shall be permitted to respond to the religious and spiritual
needs of a prisoner who requests assistance, consistent with Department
policies and procedures. Clergy may keep pastoral confidences intact
except when withheld information would endanger the custody and security
of the facility or the community, including the health and safety of
members of the public, staff or prisoners.
CCC. CFA prisoners shall be allowed visits from clergy and outreach
volunteers as set forth in PD 05.03.140 "Prisoner Visiting." SAI
prisoners shall be allowed clergy visits pursuant to PD 06.04.105 "Special
Alternative Incarceration Program." TRV prisoners shall be allowed
clergy visits as scheduled by the TRV Manger. Clergy may bring into the
visiting room or area a copy of their religious writings (e. g, Bible,
Quran, Koran, Rabbi's Manual, Prayer Book, Service Book) for their use
during the visit. The religious writings shall be subject to search.
DDD. The Warden or TRV Manager, as appropriate, may permit a qualified
religious volunteer to conduct group religious services and activities
for religious groups recognized by the Department. Religious volunteers
are required to have ecclesiastical endorsement from their religious
authority and be approved to provide volunteer services pursuant to PD
03.02.105 "Volunteer Services and Programs". Religious
volunteers are subject to the same restrictions on contact with individual
prisoners as other volunteers, except that religious volunteers who are members
of the clergy may visit, correspond or otherwise communicate with individual
prisoners for religious counseling if approved by the Warden or TRV Manager.
EEE. Clergy may bring up to two ounces of wine into a facility for the
liturgical use. Prisoners are not allowed to consume this wine.
FFF. Liturgical apparel may be worn by clergy during religious services
and activites and stored at the facility in conformance with procedures for
maintaining order, security and safety as directed by the Warden or TRV Manager.
Additional CFA Requirements
GGG. Prisoners shall have access to an institutional chaplain. Institutional
chaplains shall be duly credentialed or ordained by a recognized religous group. The
chaplain shall have access to all areas of the institution necessary to perform
his/her pastoral responsibilities. The chaplain shall function as coordinator
of the institution's religious program and be available to respond to the religious
and spiritual needs of any prisoner who requests assistance, regardless of
their religious affiliation. Chaplains shall visit segregation units
at least weekly to be available to prisoners in those units who want to meet
with them. Chaplains also shall be available to meet with segregation
prisoners upon request of segregation unit staff.
HHH. Institutioanl chaplains shall develop and maintain relationship
with religious resources in the community. They shall participate in
the institution's orientation program for new prisoners. With the approval
of the Warden, they also may minister to employees during times of pesonal
crises.
III. In larger institutions and in areas
where several institutions are located in close proximity to each other, the
Department shall attempt to fill chaplaincy vacancies so that as many faiths
as possible are represented on the chaplaincy staff. The CFA Special
Activities Coordinator or designess shall serve on interview panels to fill
such vacancies.
PRISONER MARRIAGES
JJJ. Prisoners have the right to marry in accordance with State law. No
expenses shall accrue to the State for any prisoner marriage beyond that
which is necessary to comply with this policy.
KKK. Prisoners in corrections centers, TRV's and SAI shall be permitted
to make their own marriage arrangements at their own expense, subject to
the approval of the SAI Administrator or appropriate Regional Administrator.
LLL. CFA prisoners also may make their own arrangements with clergy or
an outside person authorized to perform marriage pursuant to State law. Institutional
chaplains shall be avaialbel to either perform prisoner marriages or assist
the prisoner in making his/her own arrangements.
MMM. Marriage ceremonies are subject to reasonable time and place limitations
as determined by the Warden or appropriate FOA Manager. Ceremonies for
prisoners in Level V or VI or in any form of segregation other than protective
segregation shall not exceed ten minutes in length. The ceremony also shall
be limited to ten minutes in length if either the bride or groom is subject
to any form of visitor restriction imposed pursuant to PD 05.03.140 "Prisoner Visiting".
NNN. The Warden or appropriate FOA Manager may limit attendance at
a marriage ceremony conducted within a correctional facility for legitmate
custody and security reasons, including limited resources. Except
for the bride and groom, no on emay attend the ceremony who is the subject
of a visitor restriction pursuant to PD 05.03.140 "Prisoner
Visiting." The spouse,
approved witnesses, and approved wedding party members shall be
permitted to have appropriate physical contact during the ceremony with
the prisoner being married,
even if the prisoner is subject to a visitor restriction or is
housed in a security level where only non-contact visits are permitted.
No special visiting privileges shall be granted before or after the ceremony.
OPERATING PROCEDURES
OOO. The CFA and FOA Deputy Directors
and Wardens shall ensure that procedures
are developed as necessary to implement requirements set forth in
this policy directive; this shall be completed within 60 calendar days after the
effective date of the policy directive. This requirement includes ensuring their
existing procedures are revised or rescinded, as appropriate, if they are inconsistent
with policy requirements or no longer needed. Facility procedures shall
not conflict with procedures issued by the Director or Deputy Director.
AUDIT ELEMENTS
PPP. A Primary audit Elements
List has been developed and will be provided to the
CFA Deputy Director, Wardens, FOA Regional Administrators and the SAI Administrator
to assist with self audit of this policy, pursuant to PD 01.05.100 "Self
Audit of Policies and Procedures."
ATTACHMENTS
QQQ. This policy includes
the following attachments:
1. Attachment
A- Department recognized religious groups authorized to conduct
group services/activities and approved religious property for prisoners
belonging to those groups (does not include reading material).
2. Attachment
B - Department recognized religious groups not authorized to
conduct group services/activites but whose members are allowed to possess
religious property as identified in the attachment (does not include
reading material).
APPROVED: Signed by Patricia L. Caruso, Director 04/28/04
PD ATTACHMENT 05/24/04 05.03.150A PAGE 1 OF 2
ATTACHMENT A
The Department recognized religious groups identified on
this attachment are authorized to conduct group religious services and
activities; in addition, prisoners belonging to these gropus are allowed
to possess religious personal property as indicated below in addition
to religious reading material.
NOTE: Prisoners in Level I thorugh V may wear an approved item which is identified
by one or two asterisks only while attending group religious services
or activities, while going directly to and from group religious services or
activities, and while in their cell.
Prisoners in Level VI are permitted to possess and wear an item identified
by two asterisks only if they are permitted to attend group religious services,
since those items are only necessary to the practice of the religion at that
time. Prisoners may wear these items only while attending group
religious services or activites going to and from group religious services
or activities, and while in their cell.
Prisoners in Level I through VI may wear an approved item not identified with
an asterisk at any time, subject to the restrictions of this or any other policy.
Prisoners in segregation may possess and wear approved items only as set forth
in PD 04.05.120 "Segregation Standards".
All religious symbols and emblems shall be worn only under clothing.
RELGIOUS GROUP ITEM
AL-ISLAM (MUSLIM) One
prayer rug (no larger than 30'x 48")
One
stand of diskr beads
One
kuffi cap or tarboosh for men
One
hijab for women (no longer than 36'" at longest
point)
One
star and screscent pendant no larger than
1 1/2"x2", with a chain or string no longer
than 24" (when worn, must be wornaround
the neck; chain and string not authorized
in Level VI)
BAHA'I None
BUDDHISM One
strand of meditation beads
One
picture of the Buddha not to exceed9"x12" no
frame
THE CHURCH OF CHRIST, SCIENTIST One
cross, no larger than 1 1/2"x2", with achain
or string no longer than 24" (whenworn,
must be worn around the neck; chain and
string not authorized in Level VI)
CHURCH OF JESUS CHRIST OF LATTER None
DAY SAINTS (MORMONS)
CHURCH OF SCIENTOLOGY None
HARE KRISHNA One
picture of Lord Krishna, not to exceed 9"x
12" (no frame)
One
strand of japa beads
One
bead bag
INSTITUTE OF DIVINE METAPHYSICAL none
RESEARCH
JEWHOVAH'S WITNESS none
JUDAISM One
yarmulke for men
One
tallit (prayer shawl) for men
One
tefillin for men
One
Star of David no larger than 1 1/2" x 2",with
a chain or string no longer than 24"(when
worn, must be worn around neck;chain
and string not authorized in Level VI)
One
tallit katan for men, which shall be wornonly under clothing
(i.e., it shall not bevisible)
MOORISH SCIENCE TEMPLE OF One
fez for men (red ony; no added or AMERICA identifiying
insignia)
One
fez bag for men
One
turban for women (no larger than 9'x10")
One
blue 1" lapel pin (without title or rank; not
authorized in Level VI)
One
nationality card
NATION OF ISLAM One
fex for men (black only; no added or identifying
insignia)
One
hijab for women (no longer than 36" at longest
point)
One
red or black cip-on-bow-tie for men
One
prayer rug (no larger than 30"x48")
One
star and screscent pendant no larger than
1 1/2"x2", with a chain or string no longer
than 24" (when worn, must be wornaround
the neck; chain and string not authorized
in Level VI)
NATIVE AMERICAN One
medicine bag, no larger than 3"x5"when
laid flat, with contents restricted to sage,
sweet grass, tobacco, cedar andprotection
medicine such as a small pebble or
piece of of legal vegetation, that is considered
by the prisoner to have specialsignificance
but does not pose a threat tothe
custody and security of the facility (when the
medicine bag is worn, must be wornaround
neck on strip of leather or string no longer
than 24"; leather/string not authorized in
Level VI)
Two
braids of sweet grass for personal smudging
only unless part of contents of medicine
bag, only one braid per order.
PROTESTANT CHRISTIANITY One
cross or crucifix no larger than 11/2"x2",
with a chain or string no longer than24" (when
worn, must be worn around neck;chain
and string not authorized in Level VI)
ROMAN CATHOLIC One
crucifix or cross no larger than 11/2"x2",
with a chain or string no longer than 24" (when
worn, must be wron around neck;chain
and string not authorized in Level VI)
One
rosary
SEVENTH DAY ADVENTISTOne
cross no larger than 1 1/2"x2", with achain
or string no longer than 24" (whenworn,
must be worn around neck; chain andstring
not authorized in Lvevel VI)
PD ATTACHMENT 12/13/04 05.03.150 PAGE 1 OF 1
ATTACHMENT B
The Department recognized religious groups identified or this attachment are
not authorized to conduct group religious services or activities; however,
prisoner's belonging to these groups are allowed to possess religious personal
property as indicated below in addition to religious reading material.
NOTE: Prisoners in Level I through V may wear an approved item at any
time, subject to the restrictions of this or any other policy.
Prisoners in segregation may possess and wear an approved item only as set
forth in PD 04.05.120 "Segregation Standards".
RELIGION ITEM
ASATRU/ODINISM One set of Rune
Cards, made from card stock, no larger than 3x5
HINDUISM One
Om, no larger than 1 1/2"x2", with a chain or string no longer
than 24" (when worn, must be wron around the neck)
THELEMA One
deck of Tarot Cards, made from card stock, no larger than
3 1/2"x4 1/4"
WICCA One
deck of Tarot Cards, made from card stock, no largerthan
3 1/2"x4 1/4"
One
Celtic Cross or Pentagram, no longer than 1 1/2"x2",with
a chain or string no longer than 24" (when worn, must beworn
around the neck)
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