RELIGIOUS DIETS E-185 FRESNO COUNTY SHERIFF-CORONER'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: RELIGIOUS DIETS NO: E-185
FILE: RELIGIOUS DIETS
EFFECTIVE DATE: 01-01-01 REVISED: 09-16-14, 03-25-15
AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: California Code of Regulations, Title 15, §§ 1072 and 1241; 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 implement procedures which ensure the rights of inmates to
exercise freedom of religion and allow them to adhere to their religious food practices while
incarcerated.
POLICY:
The Fresno County Sheriffs Office Jail Division recognizes that inmates have a right to
freedom of religion under the First Amendment, California Constitution, and the federal
Religious Land Use and Institutionalized Persons Act, and that an inmate's adherence to a
religious food practice is an exertion of that right. It is therefore the Sheriff's policy to
provide religious diets to inmates who demonstrate a sincere religious belief to adhere to a
religious diet.
PROCEDURES:
I. RELIGIOUS DIETS
A. An inmate who desires a religious diet must submit an Inmate Request
Form to the Offender Programs Unit and explain the diet requested.
B. The inmate must submit evidence demonstrating that their adherence to
the requested diet is an exercise of their sincerely held religious belief.
That evidence may include:
1. An explanation of the inmate's belief system;
2. An explanation of the diet's role within the inmate's belief system and
the significance of failing to adhere to that diet;
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FRESNO COUNTY SHERIFF-CORONER'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: RELIGIOUS DIETS NO: E-185
FILE: RELIGIOUS DIETS
3. The inmate's past history in adhering to that diet, if any;
4. The inmate's past history in practicing the religion;
5. A description of other practices the inmate engages in that are also
part of the inmate's belief system;
6. The identification of the inmate's religious community, if any; and
7. Any information regarding the inmate's religious affiliation, clergy,
and place of worship.
C. In addition to the inmate's own written assertions, the inmate may provide
documentation or contact information for persons to support the inmate's
request for a religious diet. The persons identified in the inmate's request
may be contacted in order to obtain additional information.
D. 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 will interview the inmate in order to give the inmate the opportunity to
explain the religious motivation for the requested diet.
E. 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 the Jail
shows 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.
1. Sincere belief
a. The task is not to determine whether a belief is true, accurate or
logical. It only matters that the belief is "truly held."
b. A showing of sincerity does not require strict doctrinal adherence
to standards created by organized religious hierarchies.
2. The inmate does not need to show that:
a. Adherence to the religious diet is compelled by or a central
tenant of the inmate's religion.
b. The inmate's religion has general dietary requirements.
c. The inmate belongs to a religious community.
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FRESNO COUNTY SHERIFF-CORONER'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: RELIGIOUS DIETS NO: E-185
FILE: RELIGIOUS DIETS
d. Members, including clergy persons, from a specific religion
recognize the inmate's affiliation with the religion.
d. The inmate practices an organized, major,or recognized religion.
F. If Religious Diet Program eligibility is determined, a designated staff
member from the Offender Programs Unit will explain the Religious Diet
Program Agreement, and have the inmate sign the agreement form. A
copy of the agreement will be provided to the inmate.
II. COMPLIANCE, REMOVAL, AND DISCONTINUATION
A. Any staff may report an incident of an alleged Religious Diet Program
Agreement compliance violation, as described on the agreement form
(e.g., if the inmate is found to have eaten food that is inconsistent with
their asserted religious belief). A copy of the Incident Report shall be
forwarded to the Offender Programs Unit for investigation.
B. The inmate will be given the opportunity to respond to allegations of
Religious Diet Program Agreement compliance violations, prior to any
determination of continuing eligibility.
C. If the allegation is substantiated-
1. The inmate will receive one (1)written warning, but will be allowed to
continue to participate in the Religious Diet Program.
2. If a second violation is substantiated within six (6) months from the
date of the first violation, the inmate may be removed from the
Religious Diet Program for a period of four(4) months from the date of
the second violation.
3. Any subsequent violation may be cause for removal from the
Religious Diet Program if it demonstrates that the inmate's beliefs are
not sincere.
D. The inmate has the right to appeal any dietary suspension or termination
by utilizing the Jail's grievance procedure.
E. If an inmate requests to discontinue a prescribed religious diet, the
inmate's request will be honored.
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FRESNO COUNTY SHERIFF-CORONER'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: RELIGIOUS DIETS NO: E-185
FILE: RELIGIOUS DIETS
1. The inmate's request must be submitted in writing. The request shall
be forwarded to the Offender Programs Unit, and scanned into the
inmate's records.
2. The inmate must wait for a period of six (6) months before requesting
to be reinstated in the Religious Diet Program.
3. Evidence that an inmate vacillates between a religious diet and a
regular meal may be indicative of the inmate's lack of sincerity, but is
not dispositive.
III. VEGETARIAN DIETS
A. Any inmate with determined religious, personal, or ethical dietary needs
may request to participate in the vegetarian diet program. Inmates who
desire a vegetarian diet for non-religious needs may submit an Inmate
Request Form to the Services Unit.
B. The vegetarian meals are facto-ovo vegetarian (includes dairy products
and eggs).
IV. MEDICAL DIETS
If a medical diet is ordered for an inmate, it shall take precedence over the
religious diet.
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