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CH 01 Access to Religion

Last modified by superadmin on 2021/04/06 18:41

Washington County Sheriff's Office

CORRECTIONS DIVISION

Policy Manual

Volume: CH

Services and Programs

Chapter: 01

Access to Religion

Replaces and/or Supersedes:

CH 01 03/13/2012

Published:

06/23/2014

Review Date:

04/06/2021

Sheriff Cory C. Pulsipher

Chief Deputy Jake Schultz

TABLE OF CONTENTS

CH 01_101  Definitions

CH 01_102  References

CH 01_103  General

CH 01_104  Services

CH 01_105  Religious Diet

CH 01_106  Hair Length and Beards

CH 01_101  DEFINITIONS

  1. WCSO:  Washington County Sheriff's Office
  2. PCF:  Purgatory Correctional Facility
  3. RLUIPA:  Religion and Religious Land Use and Institutionalized Persons Act

CH 01_102  REFERENCES

  1. Immigration and Customs Enforcement Standards:
    1. 2000-14.
  2. Religion and Religious Land Use and Institutionalized Persons Act
  3. Utah Counties Insurance Pool:
    1. V.A.3.
  4. Utah Sheriff's Association Jail Standards:
    1. P02.01.01:  Written Religious Access Policies and Procedures Required
    2. P02.01.02:  Content: Access to Religion Policies and Procedures
    3. P02.02.01:  Prisoners' Constitutional Rights to Religion.
    4. P02.02.02:  Restricting Inmates First Amendment Religious Rights
    5. P02.03.01:  Prisoners’ Rights to Religion under the Religious Land Use and Institutionalized Persons Act.
    6. P03.02.01:  Access to Clergy.
    7. P03.02.02:  Eligibility of Clergy to Enter Facilities.
    8. P03.02.03:  Religious Services.
    9. P03.03.01:  Religious Diets: Nutritional Requirements.
    10. P03.03.02:  Religious Diets: Meeting Religious Requirements.
    11. P03.04.01:  General Considerations.
    12. P03.04.02:  Facial Hair.

CH 01_103  GENERAL

  1. Policy:
    1. Inmates shall be provided the opportunity for the free exercise of religion, subject to the limitations imposed by their incarceration.
    2. Restrictions on the free exercise of religion cannot:
      1. Be unreasonable; or
      2. Violate RLUIPA requirements.
    3. Inmates shall be allowed at least one religious book of their choice, even when those materials are inflammatory, racist, or otherwise undesirable, unless there is a compelling reason based on safety, security, or PCF interests and banning the materials is the least restrictive alternative.
    4. Inmates shall be allowed to possess religious items as regulated by the current Inmate Property Matrix (reference policy: CG 04 Orientation and Rules). Possession of religious items is restricted to the inmate housing units. Specific exceptions to religious items leaving the housing units must be requested and granted through the jail administration.
    5. PCF shall not be required to purchase religious books or materials for inmates.
    6. Inmate members of faiths not represented by clergy may conduct their own services within security allowances.
    7. Inmates in special management units may receive clergy visits and may practice their religion within security allowances.
  2. Rationale:
    1. The First Amendment to the U.S. Constitution guarantees the free exercise of religion.
    2. “Lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system” ( O'Lone v. Estate of Shabazz, 482 U.S. 342, 348 (1987), quoting, Price v. Johnston, 334 U.S. 266, 285 (1948).
    3. “The limitations on the exercise of constitutional rights arise both from the fact of incarceration and from valid penological objectives...including deterrence of crime, rehabilitation of prisoners, and institutional security” (O'Lone v. Shabazz, 482 U.S. 342, 348 (1987); Pell v. Procunier, 417 U.S. 817, 822-823 (1974); Procunier v. Martinez, 416 U.S. 396, 412 (1974)).

CH 01_104  SERVICES

  1. Policy:
    1. PCF does not require inmates to declare a specific religion unless the inmate desires to attend congregate services outside the inmate's housing section, or request a special religious diet. Inmates who desire to attend congregate services outside their housing section must declare a specific religion. Inmates shall only be allowed to attend congregate out-of-section services for their declared religion.
    2. Inmates must wait a minimum of thirty days before changing their declared religion for purposes of congregate out-of-section services. This does not prevent an inmate from practicing any religion of their choice, at any time, within their housing section or through non-congregate services.
    3. Non-congregate services, including clergy visits, shall be reasonably accommodated.
    4. Scheduling of non-congregate services shall be initiated upon specific request from an inmate.
  2. Rationale:
    1. Regulating procedures for congregate out-of-section services is necessary in order to maintain manageable attendance levels because:
      1. Religious service classrooms are limited in size;
      2. PCF resources, including staff levels, are limited.
    2. Regulating procedures for congregate out-of-section services is necessary in order to maintain order and discipline because congregate out-of-section services are common venues for inmates to gain access to inmates from other sections (which is otherwise prohibited). Access is commonly used by inmates to advance prohibited or illegal activities (e.g., contraband distribution, witness tampering, strong-arming, assaults, etc.). A thirty day minimum declaration period inhibits the frequency and effectiveness of inmate misconduct.
    3. Inmate rights to practice the religion of their choice, at any time, are not significantly restricted since inmates may:
      1. Practice any religion of their choice, at any time, within their housing section; and
      2. Request a non-congregate service at any time.

CH 01_105  RELIGIOUS DIET

  1. Policy:
    1. Special religious diets will be accommodated whenever reasonably possible (reference policy: CH 06 Food Services).
    2. Whenever reasonably possible, recognized holy-day observances shall be accommodated by honoring fasting requirements.
  2. Rationale:
    1. Religious diets may be accepted religious practices that are protected by law.

CH 01_106  HAIR LENGTH AND BEARDS

  1. Policy:
    1. Hair length and beards will not be restricted as long as they do not create a health or hygiene problem (reference policy: CH 13 Personal Hygiene).
  2. Rationale:
    1. Specific hair grooming practices may be accepted religious practices that are protected by law.