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RELIGIOUS HEAD COVERINGS E-190 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS HEAD COVERINGS NO: E-190 FILE: RELIGIOUS HEAD COVERINGS EFFECTIVE DATE: 07-01-20 REVISED: AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: California Code of Regulations, Title 15, Section 1072; and Religious Land Use and Institutionalized Persons Act of 2060, 42 U.S.C. §2000cc-1(a)-(2) (RLUIPA). PURPOSE: The purpose of this policy is to provide guidelines that balance the need for institutional safety and security with an inmate's religious practice of keeping his or her head covered. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division to accommodate inmates who wear head coverings as part of the exercise of their religious beliefs, except where exigent circumstances dictate otherwise. PROCEDURES: I. DEFINITIONS RELIGIOUS EXERCISE: Any exercise of religion, whether or not it is compelled by, or central to, a system of religious belief. The key is not what a faith requires, but whether the practice is included in the inmate's sincerely held religious beliefs. RELIGIOUS HEAD COVERING: An article of clothing, worn on the head of individuals of various faiths for religious purposes. EXIGENT CIRCUMSTANCE: Those circumstances that would cause a reasonable person to believe that the current situation requires a deviation from written policy and normal practices to ensure the safety and security of the facility. Page 1 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS HEAD COVERINGS NO: E-190 FILE: RELIGIOUS HEAD COVERINGS II. GENERAL POLICY A. Religious beliefs of inmates shall be accommodated and not substantially burdened absent a compelling governmental interest. B. Absent an exigent circumstance, inmates are allowed to wear religious head coverings while in custody. C. At no time shall an inmate be asked to remove the religious head covering and/or be viewed without the religious head covering in front of the opposite gender, absent an exigent circumstance. D. If an exigent circumstance presents, a supervisor shall be notified. E. The approval of an inmate's religious head covering shall be documented as an ALERT (i.e., "Religious Item"). F. Inmates are authorized two (2) items of religious headwear. III. PHOTOGRAPHING INMATES WEARING RELIGIOUS HEAD COVERINGS A. The inmate shall be allowed to wear the religious head covering. B. Inmates shall be instructed to pull back the religious head covering to reveal the hairline while still covering the ears. C. The inmate shall be allowed to reposition the religious head covering before leaving the photograph area. IV. INTAKE PROCEDURE A. When an inmate wearing a religious head covering is brought into custody, the Booking I Officer shall notify the Booking/Records Sergeant. B. The Sergeant will be responsible to review the following guidelines with the inmate: 1. The religious head covering may be worn at all times inside the Jail. 2. All inmates wearing religious head coverings are subject to additional searches by staff members of the same gender in a private location. Page 2 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS HEAD COVERINGS NO: E-190 FILE: RELIGIOUS HEAD COVERINGS 3. If the religious head covering is altered or used for anything other than its intended purpose, the inmate is subject to losing the privilege of wearing the religious head covering. C. The Sergeant will obtain a Jail-issued religious head covering (if available). D. Immediately following the intake pat search, the inmate shall be escorted into an area of privacy by a staff member of the same gender. Only staff members of the same gender as the inmate shall be present during removal of the head covering. 1. The inmate shall be asked to remove the religious head covering in a respectful and private manner. If unsure, staff can ask the inmate for the best method to search the religious head covering. (For example, it is considered disrespectful to touch a Sikh turban with unwashed hands, nor can the turban touch the floor at any time. Accommodation might require obtaining a clean sheet and/or utilizing the staff bathroom for the search.) 2. The staff member shall search the inmate's head and hair to ensure that it does not contain contraband. 3. The inmate's personal religious head covering shall be searched, inventoried, and put into the inmate's property. 4. The inmate shall be given the Jail-issued religious head covering and be allowed to wear it prior to entering an area where the inmate can be viewed by the opposite gender. E. If a Jail-issued religious head covering is unavailable, the Sergeant shall be responsible to notify the Offender Programs Unit and the inmate will be permitted to keep their personal head covering until a suitable substitute can be obtained. The personal head covering shall be searched in the same manner (as IV.D above) and returned to the inmate. F. The Sergeant shall ensure that an ALERT for"Religious Item" is created, and a comment made in the REMARK section indicating whether the inmate received a Jail-issued religious head covering, or retained their personal religious head covering. Page 3 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS HEAD COVERINGS NO: E-190 FILE: RELIGIOUS HEAD COVERINGS G. When a Jail-issued religious head covering becomes available, the inmate will be required to change from their personal religious head covering to the Jail-issued religious head covering out of the view of the opposite gender. The personal religious head covering will be searched and placed in the inmate's property. H. It is not necessary to exchange the inmate's religious head covering if the inmate will not be assigned to a housing unit (e.g., if the inmate will be cited, bailed, or otherwise released). V. RELIGIOUS HEAD COVERINGS — IN CUSTODY A. The inmate shall be allowed to wear the religious head covering at all times within the Jail, during transportation, and at the courthouse. B. The religious head covering may be searched as any other article of clothing. The religious head covering shall be removed in a private area and searched by a staff member of the same gender. C. The inmate will not be required to remove the religious head covering in the presence of the opposite gender, including within the Jail, during transportation, or at the courthouse. D. If an inmate requests a religious head covering and was not booked with one: 1. The inmate shall be instructed to submit an Inmate Request Form to the Offender Programs Unit. 2. All requests shall be considered on an individual basis. The inmate shall be interviewed by a designated staff member from the Offender Programs Unit to establish that the inmate can articulate the religious significance between their professed religion and the requested religious head covering. Questions may be asked to determine the inmate's sincerity of beliefs, but shall not test for religious proficiency. 3. Approvals for a religious head covering shall be documented as an ALERT (i.e., "Religious Item"). Reasons for denial of a religious head covering shall be documented on an "Inmate Log" entry via Offendertrak. [Log--+lnmate Log--+Log Type = General] Page 4 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS HEAD COVERINGS NO: E-190 FILE: RELIGIOUS HEAD COVERINGS 4. The Jail's supply of religious head coverings shall be maintained by the Offender Programs Unit. 5. An inmate may request to have their Jail-issued religious head covering exchanged and/or laundered and shall be allowed to exchange the religious head covering in a private setting out of the view of the opposite gender. Requests should be submitted to the Offender Programs Unit. VI. LOSS OF RELIGIOUS HEAD COVERING PRIVILEGE A. The inmate is subject to losing the privilege of wearing the religious head covering if the religious head covering is altered or used for anything other than its intended purpose, including, but not limited to: 1. Hiding contraband 2. Used as a gang identifier 3. Given to another inmate 4. Risk of harm to self or others 5. Damaging jail property or equipment 6. Threatening the safety or security of the facility B. The Offender Programs Manager (or in his/her absence, a Watch Commander or higher authority) must review the circumstances and approve the removal or loss of the privilege to wear a religious head covering. 1. An incident report must be written. A copy of the report shall be forwarded to the Offender Programs Manager. 2. The approving supervisor shall ensure that an entry is made on the corresponding ALERT screen, documenting the removal of the religious head covering. C. If the inmate loses the privilege of wearing the religious head covering as noted above, it does not prevent the inmate from continuing to exercise their religious beliefs. Page 5 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: RELIGIOUS HEAD COVERINGS NO: E-190 FILE: RELIGIOUS HEAD COVERINGS VI I. RELEASE Staff members shall allow the inmate to wear the Jail-issued religious head covering upon release unless the inmate has their own religious head covering in their property or made available to them upon release. Vill. VISITOR SEARCHES A. If a visitor cannot successfully pass through the metal detector, the visitor will be rescreened using a handheld scanner. If the alarm is still unresolved, the visitor shall be given the choice to leave the facility or submit to extra screening. 1. The individual will be given the opportunity to remove the religious head covering in a private screening area before an officer of the same gender to clear security. 2. At no time will the individual be required to have the religious head covering off while publicly visible or visible to people of the opposite gender. B. Religious, cultural, or ceremonial items that pose a risk to the safety of staff or the security of the facilities, such as religious knives, swords, etc., are not permitted inside the facility. Page 6 of 6