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RELIGIOUS PROVIDERS AND VOLUNTEERS E-430 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROVIDERS AND VOLUNTEERS NO: E-430 FILE: RELIGIOUS PROVIDERS AND VOLUNTEERS EFFECTIVE DATE: 09-18-89 REVISED: 09-21-92,12-25-94,05-05-96,06-04-96,11-01-96 04-01-97,02-01-98,07-01-98, 11-01-98,07-01-99 06-01-00,08-01-01,02-01-02, 11-01-02,03-01-21 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: California Code of Regulations, Title 15, Section 1072; Penal Code Section 4027; and Religious Land Use and Institutionalized PersonsAct of 2000, 42 U.S.C. §§ 2000cc, et seq. (RLUIPA). PURPOSE: The purpose of this policy is to establish and maintain a Jail Chaplaincy Program to ensure that each inmate receives spiritual support and access to a chaplain or spiritual adviser of their preference, within the limitations of security and safety necessary to be maintained in a correctional setting. POLICY: The Fresno County Sheriffs Office Jail Division recognizes that inmates have a First Amendment right to freedom of religion, and that an inmate's exercise of freedom of religion may be restricted or 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. It is the policy of the Fresno County Sheriff's Office Jail Division that inmates will be allowed reasonable access to chaplains and spiritual advisers of their preference. Reasonable efforts to enlist religious leaders from outside the community, including provisions for non- fundamentalist faiths and "unconventional" religions will be made upon request. It is the policy of the Fresno County Sheriffs Office Jail Division to perform criminal background investigations on all persons seeking to enter the facilities for the purpose of conducting official business. All Chaplains and religious volunteers must submit an application and pass the background check which shall include an investigation into their personal lives and criminal history. The criteria for approval shall be the same as that indicated in Jail Division policy D-205/Facility Access: Criteria, Identification and Restrictions [FILE: INMATE ACCESS]. PROCEDURES: Page 1 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROVIDERS AND VOLUNTEERS NO: E-430 FILE: RELIGIOUS PROVIDERS AND VOLUNTEERS I. DEFINITIONS CHAPLAIN — A chaplain is a generic term for a minister, pastor, priest, rabbi, imam, or some other representative of a religion. The term is reserved for those who provide religious guidance and comfort in secular areas like hospitals, military bases, universities, and prisons or jails. CLERGY — The formal leaders within established religions (e.g., deacons, elders, priests, bishops, preachers, pastors, ministers, imam, rabbi, the Sangha (Buddhist monks), Jathedar (Sikh), etc.). LAITY— In religious organizations, the laity consists of all members who are not part of the clergy, usually including any non-ordained members of religious institutes (e.g., a nun). A single individual is referred to as a lay member. SECULAR — The term is used to describe things that have no religious or spiritual basis. Conversely, "non-secular" refers to being spiritual or religious. II. JAIL CHAPLAINS The position of Jail Chaplain was established to provide spiritual counseling, moral guidance, and pastoral care to inmates. Chaplains are trained to minister to all faiths (including those with no religious belief). A. Jail Chaplains are appointed and serve under the direction of the Jail Administration & Programs Bureau Commander (i.e., Inmate Services Director). The number and religious affiliation of Jail Chaplains is determined by the Jail Administration & Programs Bureau Commander and shall be based upon the religious needs of the inmates in custody. B. Persons seeking appointment to the position of Jail Chaplain shall meet the following minimum qualifications. (The actual job posting will provide a complete list of job specifications.) 1. Graduation from college with a minimum of 12 semester units in counseling, psychology or a related field, or equivalent year-to-year experience in institutional ministry or similar program. 2. Must be members in good standing in their religious community for at Page 2 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROVIDERS AND VOLUNTEERS NO: E-430 FILE: RELIGIOUS PROVIDERS AND VOLUNTEERS least three (3) years and provide a letter of recommendation from supervising personnel commending their good standing and effectiveness of ministry. 3. Provide two (2) letters of reference from people within the community in which they reside, indicating personal and emotional maturity, as well as spiritual commitment. 4. Must have a minimum of one (1) year experience in the role of pastoral care in institutional ministries. Lay persons shall have at least two (2) years experience in an institutional or similar ministry. 5. Applicants may, at the discretion of the Jail Administration&Programs Bureau Commander, be evaluated by a board or group comprised of religious leaders, selected by that same Bureau Commander, from within the community. C. Persons selected to the position of Jail Chaplain shall demonstrate the following personal characteristics- 1. Be open to working with all faiths and respectful to those of different cultural, ethnic and religious beliefs; able to minister in a caring and helpful way to those of other faiths and religious traditions. 2. Understand the unique behaviors and issues of the diverse inmate population and have the ability to provide pastoral care to inmates experiencing various life situations and crisis circumstances. 3. Ability to develop and maintain a good relationship with all personnel in the institution (including other Chaplains and volunteers), working with them as part of a team effort. D. The assignment of Jail Chaplain shall be reaffirmed on an annual basis by the Jail Administration & Programs Bureau Commander. E. Jail Chaplains shall receive a monthly stipend in an amount determined by the Jail Administration & Programs Bureau Commander, with approval of the Division Commander (Assistant Sheriff), which will be paid from the Inmate Welfare Fund. F. Office space, furniture, phone lines, storage space and office supplies will be provided for use by the chaplaincy staff and paid for from the Inmate Welfare Fund. Page 3 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROVIDERS AND VOLUNTEERS NO: E-430 FILE: RELIGIOUS PROVIDERS AND VOLUNTEERS G. Available space for conducting religious activities will be provided at each facility. H. Jail Chaplains will be allowed access to facility keys for the purpose of performing their duties. The exact number of decksets and the keys on each set will be determined by the Offender Programs Manager. I. Jail Chaplains will be provided with one meal from Staff Dining during each workday. J. Jail Chaplains may be provided with parking spaces at, or near the Main Jail (if they are readily available at a reasonable price). The number and location of the parking spaces will be determined by the Offender Programs Manager, and will be paid from the Inmate Welfare Fund. III. DUTIES OF JAIL CHAPLAINS A. Chaplains shall adhere to all policies and rules of the Sheriffs Office and learn those rules that affect the roles and duties of religious volunteers (refer to Policies and Procedures Section E-480/Volunteers and Service Providers [FILE: VOLUNTEERS]). B. Chaplains shall work directly under the Volunteer Services Coordinator (VSC) and have physical access to all areas of the facilities. Chaplain duties may include- 1. Pastoral care and crisis intervention counseling. 2. Conducting worship services. 3. Assisting the volunteers as needed to help meet the spiritual needs of the inmates. 4. Conducting religious studies for inmates in groups, or individually. 5. The distribution or religious literature. 6. Delivery of death notification to inmates. 7. Maintaining accurate records of religious services and the distribution of religious materials. Page 4 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROVIDERS AND VOLUNTEERS NO: E-430 FILE: RELIGIOUS PROVIDERS AND VOLUNTEERS C. Work hours shall be agreed upon by the Offender Programs Manager and each Chaplain. 1. Jail Chaplains shall, upon request of the Offender Programs Manager, maintain a daily presence in the jail facilities from 0800-1600 hours to assist in religious volunteer supervision and respond to emergency situations. 2. Jail Chaplains shall periodically be available to respond to emergency situations after normal business hours. 3. Time-off and vacation notifications shall be forwarded to the Volunteer Services Coordinator at least ten (10) days prior to departure. Stipends will continue to be paid during vacations and days off in a reasonable number as determined by the Offender Programs Manager. D. Chaplains are prohibited from retrieving items from an inmate's property, or having inmates sign legal documents, checks or other items. Any such inquiry shall be referred to the Watch Commander or appropriate staff for processing, as per policy. IV. ASSOCIATE CHAPLAINS A. Associate Chaplains are area clergy who volunteer to provide spiritual care to the inmates. Associate Chaplains must meet the same qualifications as Jail Chaplains. B. Associate Chaplains are issued green Jail ID cards and are permitted to have facility access and provide individual counseling after completing the background screening process. C. Associate Chaplains must commit to at least 1-3 days each month, to assist with visitation and provide on-call coverage for the jail facilities. Associate Chaplains are not provided a stipend. V. RELIGIOUS VOLUNTEERS A. 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. Page 5 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROVIDERS AND VOLUNTEERS NO: E-430 FILE: RELIGIOUS PROVIDERS AND VOLUNTEERS B. Volunteers who provide worship services are issued white Jail ID cards. These volunteers are permitted group contact after completing the background screening process. As part of the application process, religious volunteers must- 1. Be committed members of their church or organization for at least one year prior to being permitted entry into the facility. 2. Present a letter of recommendation from the clergy of the church or organization that they represent to the Volunteer Services Coordinator. C. Religious volunteers are also able to provide non-contact pastoral care visits. 1. Such visits will ordinarily take place 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. 2. Individual visits are limited to 30-minutes and documented via an INTERVIEW event. D. Male volunteers are restricted to those housing areas containing male inmates. Female volunteers are restricted to those housing areas containing female inmates. E. 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 (including non-fundamentalist faiths and "unconventional" religious groups such as Satanism, Odinism,Wicca, etc.) to meet with the inmate individually. VI. RULES SPECIFIC TO RELIGIOUS PROVIDERS AND VOLUNTEERS All volunteers and service providers are subject to the rules set forth in Jail Division policies D-205/Facility Access: Criteria, Identification and Restrictions [FILE: INMATE ACCESS] and E-480/Volunteers and Service Providers[FILE: VOLUNTEERS]. In addition, the following rules specific to religious workers also apply: Page 6 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROVIDERS AND VOLUNTEERS NO: E-430 FILE: RELIGIOUS PROVIDERS AND VOLUNTEERS AD Religious workers are not to disparage the religious beliefs of an immate, nor shall they present a message that attacks or criticizes any faith denomination or tradition. The Fresno County provides a non-hostile work environment and strictly prohibits offensive, inappropriate behavior. ED Religious workers are not allowed to arrange for additional services. CD Anything brought into the jail by a religious worker must be authorized by the Offender Programs Manager (e.g., printed materials, guitar, etc.). 1. All printed materials must be submitted to the VSC prior to being distributed to the inmate population or used as part of any program or activity. The VSC will submit the materials to the OPM. For reasons of institutional security, the Offender Programs Manager may exclude from circulation written materials considered to be inflammatory in nature. 2. Only individuals approved by the Offender Programs Manager may distribute printed materials to inmates. 3. Catholic priests may be given permission to bring in sacramental wine to be utilized by the priest during Mass. a. The amount cannot exceed more than two (2) ounces. b. Under NO circumstances are the inmates allowed to share the sacramental wine. VI I. VISITING CLERGY AND LAITY A. Clergy members who wish to visit an individual inmate must submit a letter on church/organization letterhead requesting visitation access. The VSC will be responsible to verify the credentials and/or validity of the request. Clergy members may request additional approval for lay members to visit. 1. 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). 2. These individuals are not issued Jail ID cards, but they are allowed to perform an unlimited number of non-contact personal visits with inmates. The visits are restricted to 30-minutes and are documented via an INTERVIEW event. Page 7 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS PROVIDERS AND VOLUNTEERS NO: E-430 FILE: RELIGIOUS PROVIDERS AND VOLUNTEERS B. Religious community leaders who request a visit but are not yet on the roster will be allowed a non-contact visit upon recommendation from the Volunteer Services Coordinator or a Jail Chaplain, with the approval of the Offender Programs Manager or Watch Commander. Ideally,the Volunteer Services Coordinator (or Jail Chaplain) should provide at least one-day notice to the Watch Commander prior to the visit. C. Clergy and lay members who are related (by blood or by marriage) to the individual in custody who they desire to visit shall be referred to the regular visiting procedures utilized by the public. Page 8 of 8