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RELIGIOUS PROGRAMS AND PRACTICES E-420 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROGRAMS AND PRACTICES NO: E-420 FILE: RELIGIOUS PROGRAMS AND PRACTICES EFFECTIVE DATE: 12-16-20 REVISED: AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: California Code of Regulations, Title 15, Section 1072. U.S. Const. amend. I; Penal Code Section 4027; and Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§2000cc,et seq. PURPOSE: The purpose of this policy is to provide guidance regarding the right of inmates to exercise their religion and for evaluating accommodation requests for faith-based religious practices of inmates. POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division to protect the religious rights of inmates of all faiths within the parameters of the security and orderly running of the jail facilities. Inmates will be given the opportunity to practice their religious faith to the extent that such practice does not interfere with the security and safety of the facility, staff, or others. PROCEDURES: I. VOLUNTEER SERVICES COORDINATOR A. The Jail Administration & Programs Bureau Commander shall appoint an individual from the Offender Programs Unit to serve as the Volunteer Services Coordinator (VSC). B. The VSC will be responsible for assisting the Offender Programs Manager with planning, directing and supervising all aspects of the religious program in the jail facilities. The VSC maybe responsible for duties including, but not limited to: Page 1 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROGRAMS AND PRACTICES NO: E-420 FILE: RELIGIOUS PROGRAMS AND PRACTICES 1. Coordination of Jail Chaplains and religious services. 2. Reviewing requests for religious accommodations (including religious diets). 3. Approval and coordination of training religious volunteers. 4. Distribution of a variety of religious texts. 5. Developing and maintaining liaison with a variety of religious faiths in the community. 6. Making reasonable efforts to enlist religious leaders from outside the community, as necessary. 7. Providing guidance to the Sheriff, the Jail Administration & Programs Bureau Commander, the Offender Programs Manager, Jail Command Staff, and correctional staff on issues related to religious observance. II. JAIL CHAPLAINS A. Jail Chaplains are appointed and serve under the direction of the Jail Administration & Programs Bureau Commander. The Jail Chaplains receive a monthly stipend paid from the Inmate Welfare Fund. Persons selected to the position of Jail Chaplain must be open to working with all faiths and respectful to those of different cultural, ethnic, and religious beliefs. They shall be able to minister in a caring and helpful way to those of other faiths and religious traditions. B. Jail Chaplains are available upon request to provide pastoral care and counseling to inmates through group programs and individual services. C. If a Jail Chaplain is unable to represent or provide faith-based services to an inmate, a religious leader or other volunteer from the community will be sought to help provide services. Pastoral care and counseling from representatives in the community are available in accordance with the provisions in policy E-430/Religious Providers and Volunteers [FILE: RELIGIOUS PROVIDERS AND VOLUNTEERS] (refer also to Section XV/Community Resources). Page 2 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROGRAMS AND PRACTICES NO: E-420 FILE: RELIGIOUS PROGRAMS AND PRACTICES III. FAITH-BASED PROGRAMS, SERVICES, AND COUNSELING A. The Jail's faith-based programs are completely voluntary, and available to all inmates. The Sheriff's Office relies upon the assistance of volunteers from local churches, ministries, and faith groups to conduct worship services that reflect the Fresno County Jail's culturally diverse inmate population. B. Inmates may receive pastoral care and faith-based counseling including reasonable access to clergy members and spiritual advisers, volunteer religious organizations, faith-based programs, and other secular volunteer programs. Such visits will ordinarily take place as non-contact visits during regular visiting hours, but will not be counted as personal visits. Upon request, the visit may occur in a private visiting area (i.e., non-contact Bond Room), if available. C. If an inmate's faith is not represented through one of the active ministries, the VSC or a Jail Chaplain will contact the clergy or a faith leader from the inmate's religious community to meet with the inmate individually. (Refer to Section XV/Community Resources.) IV. RELIGIOUS BELIEFS AND ACCOMMODATION REQUESTS A. Inmates seeking accommodations to engage in religious practices must submit an Inmate Request Form to the Offender Programs Unit. The request must be submitted by the inmate and cannot be made by others on the inmate's behalf(e.g., family priest, parents, etc.). Every reasonable effort will be made to ensure that all practicable requests are reasonably accommodated. B. All requests for accommodation of religious practices shall be treated equally, regardless of the religion that is involved. In determining whetherto grant or deny a request for accommodation of a religious practice, the VSC may work with chaplain staff or contact religious leaders from the inmate's faith group to determine the sincerity of the religious claim of an inmate. C. Requests should be denied only if the restriction or reason for denial would further a compelling interest of the Sheriff's Office and is the least restrictive means of furthering that compelling interest. Page 3 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROGRAMS AND PRACTICES NO: E-420 FILE: RELIGIOUS PROGRAMS AND PRACTICES D. If the VSC does not grant a request for a religious practice accommodation, either in part or in full, the VSC should forward the request to the Offender Programs Manager. If the Offender Programs Manager upholds the decision, the request should be promptly forwarded to the Jail Administration & Programs Bureau Commander, who, after consultation with legal counsel as appropriate, should make a determination regarding the requestwithin 10 days following the inmate's request. Notification of a denial should articulate the alternative ways in which the inmate can practice their religion. E. All inmate requests for religious accommodations and related determinations shall be scanned into the inmate's record. The VSC shall ensure that an ALERT for "Religious Item" is created (as applicable) and should make any notifications to staff as necessary to meet an approved accommodation. V. SUSPENSION OR REVOCATION OF ACCOMMODATIONS A. When considered necessary for the security or good order of the facility (e.g., during an emergency or extended disruption of normal facility operations), the Offender Programs Manager or on-duty Watch Commander may limit, suspend, or discontinue any religious accommodation. The Offender Programs Manager/Watch Commander may also revoke or modify an approved religious accommodation if the accommodated inmate violates the terms or conditions under which the accommodation was granted. B. Inmates shall not lose their right to exercise religious beliefs for violations of rules and regulations not associated with their approved religious items. C. Inmates found utilizing their approved religious items to secrete contraband, harm themselves/others, or any other unintended use, may be subject to discipline and/or criminal action including, but not limited to, loss of use of the religious item. Violations should be documented in a rule violation and incident report. D. The Offender Programs Manager(or in his/her absence, the on-duty Watch Commander)shall be notified prior to confiscating an inmate's religious item. 1. An incident report must be written. A copy of the report shall be forwarded to the Offender Programs Manager, along with the religious item. Page 4 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROGRAMS AND PRACTICES NO: E-420 FILE: RELIGIOUS PROGRAMS AND PRACTICES 2. The approving supervisor shall ensure that an entry is made on the corresponding ALERT ("Religious Item") screen, documenting the loss of use of the religious item. VI. APPEALS OF SUSPENSION OR REVOCATION OF ACCOMMODATIONS Inmates may appeal any denial, suspension, or revocation of an accommodation through the inmate grievance/appeal process. VI I. DIETS AND MEAL SERVICE Inmates requesting a religious diet, including fasting and/or alternative hours of dining, should be provided a reasonable and equitable opportunity to observe their religious dietary practice. A. An inmate who desires a religious diet must submit an Inmate Request Form to the Offender Progarms Unit and explain the diet requested. The inmate must submit evidence demonstrating that their adherence to the requested diet is an exercise of their sincerely held religious belief. If the inmate's sincere religious belief is not evident from the inmate's submission, then a designated staff member from the Offender Programs Unit or Jail Chaplain will interview the imate in order to give the inmate the opportunity to explain the religious motivation for the requested diet. B. The request must be granted if it is determined that adherence to the religious diet is part of the inmate's sincere religious belief, unless it can be shown that denial of the requested diet is the least restrictive means of furthering a compelling government interest. The inmate has the right to appeal this determination under the Jail's grievance procedure. C. The Offender Programs Manager shall ensure that an ALERT is created for "Special Diet" and the religious diet program forms are scanned into the inmate's records. (Refer to policy E-185/Religious Diets [FILE: RELIGIOUS DIETS].) Vill. RELIGIOUS FASTS A. There are generally two different types of fasts, a public and a private or personal fast. When inmates observe a public fast (i.e., one which is regulated by law or custom for all the faith adherents), the fast usually begins and ends at specific times. Food Services will deliver the meal in a Styrofoam container. The meal will be stored and provided when the inmate breaks fast. Page 5 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROGRAMS AND PRACTICES NO: E-420 FILE: RELIGIOUS PROGRAMS AND PRACTICES B. When an inmate fasts for personal, religious reasons, no special accommodations need to be made for the meal(s) missed. Requests for meals after a personal fast should be determined on a case-by-case basis, applying sound correctional and pastoral judgment. IX. PROHIBITION ON USE OF ALCOHOL OR DRUGS FOR RELIGIOUS OBSERVANCE A. Illegal substances are prohibited from use in religious services under RLU I PA. B. Otherwise legal substances, such as alcohol, may be permitted in religious rituals with the prior written approval of the Jail Administration & Programs Bureau Commander. (For example, Catholic priests may be allowed to bring in no more than two (2) ounces of sacramental wine to be utilized by the priest during Mass.) However, under NO circumstances are the inmates allowed to share the sacramental wine. X. RELIGIOUS TEXTS A. The Offender Programs Unit maintains a stock of donated religious texts. Religious texts are provided to the requesting inmate, as available. B. Softbound religious materials may be accepted for distribution from religious organizations or purchased for the inmate by a third party. The items must be mailed directly from legitimate, verifiable publishers, book distributors, online book stores, or a religious organization, and the text must not pose a threat to the safety, security or orderly management of the facility. XI. UNAUTHORIZED PRACTICES OR MATERIAL The following list, which is not intended to be exhaustive, includes materials or practices that shall not be authorized: • Animal sacrifice • Language or behaviors that could reasonable be construed as presenting a threat to facility safety or security • Self-mutilation • Use, display, or possession of weapons • Self-defense or military training • Disparagement of other religions Page 6 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROGRAMS AND PRACTICES NO: E-420 FILE: RELIGIOUS PROGRAMS AND PRACTICES • Nudity or sexual acts • Consumption of alcohol or ingestion of illegal substances • Profanity XII. RELIGIOUS SYMBOLS AND IMPLEMENTS Religious symbols and implements used in the exercise of religion should generally be allowed unless the symbol or implement poses a threat to the safety and security of the facility. Alternatives to the provision of religious symbols and implements may be considered when security, safety or efficient operations may be jeopardized (e.g., substitution of a towel in lieu of a prayer rug). XIII. RELIGIOUS GARMENTS AND CLOTHING A. Inmates who practice a religion that requires particular modes of dress, garments, headgear, etc., other than standard-issue clothing, should generally be accommodated subject to the need to identify inmates and maintain security. B. Head coverings shall be searched before being worn in the housing areas of the facility and shall be subject to random searches for contraband. Searches shall be conducted by staff members of the same gender in a private location. Personal head coverings should be exchanged in favor of jail-issued head coverings, when available and appropriate. The VSC will provide the Booking area with a stock of head coverings, to be made available to inmates who arrive at the facility, with said items for exchange. (Refer to policy E-190/Religious Head Coverings[FILE: RELIGIOUS HEAD COVERINGS].) XIV. SPACE AND EQUIPMENT FOR RELIGIOUS OBSERVANCES A. The Jail Administration & Programs Bureau Commander shall ensure that there is adequate work space, equipment, and furnishings for the chaplains and religious volunteers to serve the inmate population, including providing access to areas of the facility. B. Space for group worship will be dictated by the availability of secure areas and the classification status of the inmates to be served. 1. All recognized religious groups should have equal access to the space, equipment, and services which the facility normally provides for religious purposes. 2. Due to limited space and scheduling constraints, requests to consider Page 7 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROGRAMS AND PRACTICES NO: E-420 FILE: RELIGIOUS PROGRAMS AND PRACTICES accommodations for a new group worship service requires a minimum of six (6) participants. Requirements pertaining to group size are necessary due to limited jail resources and are not intended to prevent inmates from continuing to exercise their religious beliefs. Alternatives to attendance of group religious services may include, but are not limited to: a. The provision of religious books and reading materials. Inmates may keep religious literature in their cells and study on their own. b. Access to religious counselors. Inmates may receive individual visits with a religious adviser. c. Inmates may correspond with members of the religious group with which they identify. XV. COMMUNITY RESOURCES A. The VSC shall develop and maintain communication with faith communities. The VSC shall review offers to donate equipment or materials for use in the religious program and shall approve these offers when appropriate. B. The VSC shall maintain a roster of local clergy (and lay members) from various religious communities who have been approved for non-contact admittance to the jail facilities. The list may be accessed via the G-drive (G/RefMat/Custody/Clergy List). (Refer to policy E-480/Volunteers and Service Providers [FILE: VOLUNTEERS].) C. Religious community leaders who request a visit but are not yet on the roster shall be allowed a non-contact visit upon recommendation from the VSC or a Jail Chaplain, with the approval of the Offender Programs Manager or on-duty Watch Commander. The VSC (or Jail Chaplain) should provide at least one-day notice to the Watch Commander prior to the visit. D. Whenever a Jail Chaplain is unable to represent or provide faith-based services to an inmate, a religious leader or other volunteer from the community should be sought to help provide services. The VSC shall: 1. Maintain a contact list that represents all local religious communities that are reflected in the jail population. 2. Make reasonable effort to enlist religious leaders from outside the Page 8 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROGRAMS AND PRACTICES NO: E-420 FILE: RELIGIOUS PROGRAMS AND PRACTICES community, including non-fundamentalist faiths and "unconventional" religious groups (e.g. Satanism, Odinism, Wicca, etc.). E. Inmates shall not be designated to minister to the religious needs of other inmates or permitted to lead worship services. Such recognition could elevate the inmate's status and promote a disproportionate degree of notoriety and influence among fellow inmates. Page 9 of 9