Wolf v. Idaho State Board of Correction et al
Filing
124
MEMORANDUM DECISION AND ORDER - IT IS ORDERED: Plaintiffs Fifth Motion for Extension of Time (Dkt. 117 ) is GRANTED. Plaintiffs Motion to Correct Docket Filing Error (Dkt. 118 ) is GRANTED to the extent that the Court has considered the exhibit at Docket 118-1 as support for Plaintiffs opposition to the Motion for Summary Judgment. Defendants Motion for Summary Judgment (Dkt. 109 ) is GRANTED, and this entire action is DISMISSED with prejudice. Defendants Motion to Strike Plaintiffs unauthorized sur-reply (Dkt. 123 ) is DENIED AS MOOT. Signed by Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 1 of 45
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
ANDREW J. J. WOLF,
Case No. 1:18-cv-00264-REP
Plaintiff,
MEMORANDUM DECISION AND
ORDER
v.
JOSH TEWALT, et al.,
Defendants.
INTRODUCTION
Plaintiff Andrew J. J. Wolf (“Plaintiff”) is a prisoner in the custody of the Idaho
Department of Correction (“IDOC”). Plaintiff has been allowed to proceed on injunctive
relief claims against Defendants Tewalt, Page, the IDOC, and the Idaho Board of
Correction (collectively, “Defendants”), in their official capacities. Plaintiff alleges that
IDOC’s policy of prohibiting open flames, such as candles and incense, from being used
indoors—even in religious ceremonies—violates two statutes: (1) the federal Religious
Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq.; and (2) Idaho’s
Free Exercise of Religion Protected Act, Idaho Code § 73-401 et seq.1 All other claims
against all other Defendants have been dismissed. See Dkt. 93 at 13–14.
1
Plaintiff does not allege that one religious group is being allowed use of these items indoors, while his
Roman Catholic religion is not. Rather, he alleges that the general prison ban on indoor open flames is
violating the rights of all prisoners of various faiths who desire to use candles or incense in their indoor
worship services.
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Defendants have filed a Motion for Summary Judgment, which is now ripe for
adjudication.2 Defendants argue that (1) Plaintiff cannot establish that his exercise of
religious belief has been substantially burdened, (2) the policy furthers a compelling
governmental interest, and (3) the policy is the least restrictive means of furthering that
governmental interest.
The Court previously ordered Plaintiff to address the content of Defendants’
Motion for Summary Judgment, especially regarding (1) the obvious present safety and
security hazard of an open flame in prison; (2) the 2021 opinion of Tish Thornton,
Director of the Office of Worship of the Roman Catholic Diocese of Boise, that batteryoperated candles are acceptable for Catholic worship services (which supports the
IDOC’s grievance response to Plaintiff in 2017); and (3) the fact that the prison has
offered to permit an open flame in outdoor worship services if Plaintiff—unlike the
Diocese—requires an open flame in his worship. See Dkt. 116 at 6.
All parties have consented to the jurisdiction of a United States Magistrate Judge
to conduct all proceedings in this case in accordance with 28 U.S.C. § 636(c) and Fed. R.
Civ. P. 73. See Dkt. 88. Having fully reviewed the record, the Court finds that the facts
and legal arguments are adequately presented in the briefs and record. See D. Idaho Loc.
Civ. R. 7.1(d). Accordingly, and for the reasons that follow, the Court will grant
Defendants’ Motion for Summary Judgment.
Also pending are two motions filed by Plaintiff. Plaintiff’s Motion to Correct Docket Filing Error (Dkt.
118) will be granted, to the extent the Court has considered Plaintiff’s additional exhibit in its ruling.
Plaintiff’s Fifth Motion for Extension of Time to File Response (Dkt. 117) will be granted, and the
response is deemed timely filed.
2
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DISCUSSION
1.
Standard of Law Governing Summary Judgment
Summary judgment is appropriate where a party can show that, as to any claim or
defense, “there is no genuine dispute as to any material fact and the movant is entitled to
judgment as a matter of law.” Fed. R. Civ. P. 56(a). One of the principal purposes of the
summary judgment rule “is to isolate and dispose of factually unsupported claims or
defenses.” Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986). It is not “a disfavored
procedural shortcut,” but is instead the “principal tool[] by which factually insufficient
claims or defenses [can] be isolated and prevented from going to trial with the attendant
unwarranted consumption of public and private resources.” Id. at 327.
In resolving a summary judgment motion, the Court must consider the facts in the
light most favorable to the non-moving party, unless the non-moving party’s version of
the facts is “blatantly contradicted by the record[] so that no reasonable jury could believe
it.” Scott v. Harris, 550 U.S. 372, 380 (2007). If such a blatant contradiction exists, then
there is no “genuine” dispute as to that fact. Id.
The moving party bears the initial burden to show that each material fact cannot be
disputed. Material facts are those “that might affect the outcome of the suit.” Anderson v.
Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). “Disputes over irrelevant or unnecessary
facts will not preclude a grant of summary judgment.” T.W. Elec. Serv., Inc. v. Pac. Elec.
Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987).
To show that the material facts are not in dispute, the moving party may cite to
particular parts of materials in the record or show that the non-moving party is unable to
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produce admissible evidence to support the fact. Fed. R. Civ. P. 56(c)(1)(A) & (B). The
Court must consider “the cited materials,” but it may also consider “other materials in the
record.” Fed. R. Civ. P. 56(c)(3). “[T]he mere existence of some alleged factual dispute
between the parties will not defeat an otherwise properly supported motion for summary
judgment ....” Anderson, 477 U.S. at 247–48. Rather, a case will survive summary
judgment only if there is a genuine dispute as to a material fact.
If the moving party meets this initial responsibility, the burden of production then
shifts to the non-moving party to establish that a genuine dispute as to any material fact
does indeed exist. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586
(1986). The existence of a scintilla of evidence in support of the non-moving party’s
position is insufficient. Instead, “there must be evidence on which [a] jury could
reasonably find” for the non-moving party. Anderson, 477 U.S. at 252. The Court is “not
required to comb through the record to find some reason to deny a motion for summary
judgment.” Carmen v. San Francisco Unified Sch. Dist., 237 F.3d 1026, 1029 (9th Cir.
2001) (internal quotation marks omitted). Instead, the “party opposing summary
judgment must direct [the Court’s] attention to specific, triable facts.” So. Ca. Gas Co. v.
City of Santa Ana, 336 F.3d 885, 889 (9th Cir. 2003).
That is, “if a defendant moving for summary judgment has produced enough
evidence to require the plaintiff to go beyond his or her pleadings, the plaintiff must
counter by producing evidence of his or her own.” Butler v. San Diego Dist. Attorney’s
Office, 370 F.3d 956, 963 (9th Cir. 2004). If the plaintiff fails to produce evidence, or if
the evidence produced is insufficient, the Court “is not required (or even allowed) to
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assume the truth of the challenged allegations in the complaint.” Id. A verified complaint
by a pro se prisoner “may be treated as an affidavit to oppose summary judgment, but
only to the extent it is ‘based on personal knowledge’ and ‘sets forth specific facts
admissible in evidence.’” Keenan v. Hall, 83 F.3d 1083, 1090 n.1 (9th Cir. 1996), opinion
amended on denial of reh’g, 135 F.3d 1318 (9th Cir. 1998) (quoting McElyea v.
Babbitt, 833 F.2d 196, 197–98 & n. 1 (9th Cir.1987)).
If a party “fails to properly support an assertion of fact or fails to properly address
another party’s assertion of fact,” the Court may consider that fact to be undisputed. Fed.
R. Civ. P. 56(e)(2). The Court must grant summary judgment for the moving party “if the
motion and supporting materials—including the facts considered undisputed—show that
the movant is entitled to it.” Fed. R. Civ. P. 56(e)(3). Where, as here, the party moving
for summary judgment would not bear the burden of proof at trial, that party may prevail
simply by “pointing out to the district court[] that there is an absence of evidence to
support the nonmoving party’s case.” Celotex Corp., 477 U.S. at 325.
Statements in a brief, unsupported by the record, cannot be used to create a dispute
of fact. Barnes v. Indep. Auto. Dealers, 64 F.3d 1389, 1396 n.3 (9th Cir. 1995). The
Ninth Circuit has “repeatedly held that documents which have not had a proper
foundation laid to authenticate them cannot support a motion for summary judgment.”
Beyene v. Coleman Sec. Services, Inc., 854 F.2d 1179, 1182 (9th Cir. 1988) (internal
quotation marks omitted). Authentication, required by Federal Rule of Evidence 901(a),
is not satisfied simply by attaching a document to an affidavit. Id. The affidavit must
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contain “testimony of a witness with personal knowledge of the facts who attests to the
identity and due execution of the document.” Id.
Affidavits or declarations “must be made on personal knowledge, set out facts that
would be admissible in evidence, and show that the affiant or declarant is competent to
testify on the matters stated.” Fed. R. Civ. P. 56(c)(4). In determining admissibility for
summary judgment purposes, it is the content of the evidence, rather than its form, that
must be considered. Fraser v. Goodale, 342 F.3d 1032, 1036-37 (9th Cir. 2003).
The Court does not determine the credibility of affiants or weigh the evidence set
forth by the parties. Although all reasonable inferences which can be drawn from the
evidence must be drawn in the light most favorable to the non-moving party, T.W. Elec.
Serv., Inc., 809 F.2d at 630–31, the Court is not required to adopt unreasonable inferences
from circumstantial evidence, McLaughlin v. Liu, 849 F.2d 1205, 1208 (9th Cir. 1988).
In cases involving pro se inmates, courts liberally construe the pleadings and
briefs and “should avoid applying summary judgment rules strictly.” Thomas v. Ponder,
611 F.3d 1144, 1150 (9th Cir. 2010). However, though pro se inmates are exempted
“from strict compliance with the summary judgment rules,” they are not exempted “from
all compliance.” Soto v. Sweetman, 882 F.3d 865, 872 (9th Cir. 2018). In opposing a
motion for summary judgment, a pro se inmate must submit at least “some competent
evidence,” such as a “declaration, affidavit, [or] authenticated document,” to support his
allegations or to dispute the moving party’s allegations. Id. at 873 (upholding grant of
summary judgment against pro se inmate because the “only statements supporting
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[plaintiff’s] ... argument are in his unsworn district court responses to the defendants’
motion for summary judgment and to the district court’s show-cause order”).
2.
Factual Background
This section includes facts that are undisputed and material to the resolution of the
issues in this case. Where material facts are in dispute, the Court has included Plaintiff’s
version of facts, insofar as that version is not blatantly contradicted by clear documentary
evidence in the record. See Scott, 550 U.S. at 380. The Court takes judicial notice of the
relevant IDOC Standard Operating Procedures (“SOP”) in public records available
online.3 See http://forms.idoc.idaho.gov/WebLink/Browse.aspx?startid=99295&dbid=0
(last accessed March 23, 2023).
Plaintiff believes that “the use of candles and incense are necessary at Catholic
services (i.e. Mass Rosary and Prayer services).” Am. Compl., Dkt. 58, ¶ 26. He explains
the importance of these items as follows:
During the catholic Liturgy, the sacramental celebration is
woven from signs and symbols. Light and darkness, wind and
fire, water and earth, the tree and its fruits speak of God and
symbolize both his greatness and nearness.
… candles signify several things to Catholics and [Plaintiff’s]
sincerely held beliefs. At Catholic Mass, the candles signify
the present [sic] of Christ, the light of the World who comes
down on it at the consecration. This is done by Confirmation
and the Eucharist, two of the sacraments of Christian
initiation within the catholic Church.
A Court may take judicial notice of an adjudicative fact that is “capable of accurate and ready
determination by resort to sources whose accuracy cannot reasonably be questioned,” such as public
records. The IDOC SOPs qualify for such notice.
3
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…
The symbolism of candles for the Catholic faith is light is
pure; it penetrates darkness; it moves with incredible velocity;
it nourishes life; it illumines all that comes under its
influence. Therefore it is a fitting symbol of God, the All
Pure, the Omnipresent, the Vivifire of all things, the Source
of all grace and enlightenment. It represents also our Blessed
Savior and His mission. He was the light of the world, to
enlighten them that sit in darkness and in the shadow of
death.
Id. at ¶¶ 43–46 (internal quotation marks and citations omitted).
The Roman Catholic Diocese of Boise recognizes the importance of light and
flame in its worship services but disagrees with Plaintiff as to the types of items that
satisfy this requirement. The Diocese has provided evidence that battery-operated candles
are sufficient for Catholic services and that the lack of an open flame does not affect the
validity of the Mass. Ex. to Decl. of Jeff Kirkman (“Kirkman Decl.”), Dkt. 121-1, IDOC
0393–0396.
Prior to October 2016, the IDOC did not have a uniform policy regarding the use
of open flames in indoor worship services in state prisons. There was no policy expressly
prohibiting such practice, nor was there a policy expressly permitting it. In fact, IDOC
leadership officials mistakenly believed that open flames were not being used in any
IDOC facility for indoor religious activities—there was one prison that allowed such use,
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but IDOC leadership were unaware of this.4 Decl. of Bret Kimmel (“Kimmel Decl.”),
Dkt. 121, ¶ 21.
Once IDOC leadership learned of the lack of a uniform open flame policy,
officials decided to address the need for “all facilities” to “conform their regulation to a
single standard.” Kimmel Decl., ¶ 21. IDOC officials created a policy prohibiting the use
of open flames in indoor activities, even religious activities. That policy, adopted in
October 2016, is the one challenged in this action. The policy is enumerated as SOP
403.02.01.001, Religious Practices (“SOP 403”) and is attached as an Appendix to this
opinion.
SOP 403 does permit open flames to be used by prisoners; it merely requires that
they be used outside. See SOP 403 at ¶ 22 (“Approved [ceremonial] items that require an
open flame, such as candles and incense, may only be used in the outdoor worship
area.”). Inmates are also allowed to purchase LED tea-light candles for use in indoor
worship services. See Kirkman Decl., ¶¶ 5–6.
The primary reason proffered for limiting the use of open flames to outdoor
religious activities is fire prevention. According to Bret Kimmel, the current Emergency
Preparedness Coordinator for the IDOC:
[I]ndoor use of candles and/or incense raises safety concerns
regarding fire prevention. Staff and residents could be hurt in
the rush to avoid the flames, if a conflagration were to breakout.
4
Plaintiff alleges that, for decades, IDOC had always permitted open flames to be used in indoor religious
services at multiple facilities. Am. Compl., ¶ 27. The evidence does not support this assertion. Instead, the
IDOC’s former religious activities policy simply did not address the issue.
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a.
The art and science of fire prevention has evolved over
the years as catastrophic fires have claimed the lives of those
trapped and unable to escape, effective mandating that new
and improved prevention, detection, and fire extinguishment
policies, protocols, and equipment be implemented. A fire
that occurs in a prison or other correctional facility has
inherent challenges as the purpose of a prison is to keep the
occupants inside, and the typical goal of the immediate
evacuation of all occupants from a facility does not apply to
prisoners. Because of these inherent uniqueness’s, prisons
have some regulations that differ from the standards set for
other structures.
Kimmel Decl., ¶ 11.
Kimmel also lists numerous additional safety and security concerns with any open
flame used inside of a prison, such as: (1) property damage; (2) discomfort of staff and
inmates caused by smoke in a confined space; and (3) increased risk to air quality caused
by the organic compounds released when candles and incense are used. Id. at ¶¶ 12–18.
And, alarmingly, open flames in prisons can be and actually have been used as weapons;
this includes the use of an open flame to heat, and thereby weaponize, maple syrup for
use in an assault. Id. ¶ 19.
3.
Defendants Are Entitled to Summary Judgment on Plaintiff’s Remaining
Claims
For the following reasons, the Court will grant Defendants’ Motion for Summary
Judgment.
A.
Standards of Law Applicable to Plaintiff’s Claims
The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) provides
as follows:
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No government shall impose a substantial burden on the
religious exercise of a person residing in or confined to an
institution ... even if the burden results from a rule of general
applicability, unless the government demonstrates that
imposition of the burden on that person[] (1) is in furtherance
of a compelling governmental interest; and (2) is the least
restrictive means of furthering that compelling governmental
interest.
42 U.S.C. § 2000cc-1(a).
RLUIPA applies to entities receiving federal financial assistance. By accepting
federal funds, however, states do not waive sovereign immunity to suits for money
damages under RLUIPA. Sossamon v. Texas, 563 U.S. 277, 280 (2011). Further,
although the statute provides for injunctive relief, RLUIPA does not allow for monetary
damages against individuals. Wood v. Yordy, 753 F.3d 899, 902-04 (9th Cir. 2014).
Under RLUIPA, the inmate bears the initial burden of showing that the challenged
governmental action constitutes a substantial burden on the exercise of the inmate’s
religious beliefs. Warsoldier v. Woodford, 418 F.3d 989, 994 (9th Cir. 2005). For an
official’s action to constitute a substantial burden, it “must impose a significantly great
restriction or onus upon [religious] exercise.” San Jose Christian College v. City of
Morgan Hill, 360 F.3d 1024, 1034 (9th Cir. 2004). In determining whether an inmate’s
religious exercise is substantially burdened, a court may not inquire “into whether a
particular belief is ‘central’ to a prisoner’s religion.” Cutter v. Wilkinson, 544 U.S. 709,
725 n.13 (2005) (quoting 42 U.S.C. § 2000cc-5(7)(A)). However, “the Act does not
preclude inquiry into the sincerity of a prisoner’s professed religiosity.” Id.
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If the inmate establishes “the prima facie existence” of a substantial burden on the
exercise of the inmate’s religion, then the burden shifts to prison officials “to prove that
[the] substantial burden on [the inmate’s] exercise of his religious beliefs is both ‘in
furtherance of a compelling governmental interest’ and the ‘least restrictive means of
furthering that compelling governmental interest.’” Warsoldier, 418 F.3d at 995 (quoting
42 U.S.C. § 2000cc-1(a); § 2000cc-2(b)). “The least-restrictive-means standard is
exceptionally demanding, and it requires the government to show that it lacks other
means of achieving its desired goal without imposing a substantial burden on the exercise
of religion by the objecting party. If a less restrictive means is available for the
Government to achieve its goals, the Government must use it.” Holt v. Hobbs, 135 S. Ct.
853, 864 (2015) (internal citations and quotation marks omitted). A defendant “cannot
meet its burden to prove least restrictive means unless it demonstrates that it has actually
considered and rejected the efficacy of less restrictive measures before adopting the
challenged practice.” Warsoldier, 418 F.3d at 999.
Although RLUIPA is to be construed broadly in favor of protecting an inmate’s
religious rights, id., the statute does not “elevate accommodation of religious observances
over an institution’s need to maintain order and safety,” Cutter, 544 U.S. at 722. A
prisoner’s requests for religious accommodation must not override other significant
interests within a prison setting. “Should inmate requests for religious accommodations
become excessive, impose unjustified burdens on other institutionalized persons, or
jeopardize the effective functioning of an institution, the facility would be free to resist
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the imposition.” Id. at 726. In the words of the Supreme Court, “context matters.” Id. at
723 (quotation marks and alteration omitted).
The same standards apply to Plaintiff’s state law claims brought pursuant to
Idaho’s Free Exercise of Religion Protected Act (“FERPA”). See Dkt. 93 at 2 (“In the
Initial Review Order, Judge Nye determined that state FERPA claims are governed by the
same standards as federal RLUIPA claims. Based on its own research, this Court agrees.
The parties have not provided argument supported by law to show that the two statutes
should not be construed similarly in all aspects.”) (internal citation omitted).
B.
Plaintiff Cannot Establish a Substantial Burden on His Exercise of
Religious Belief Based on the Prohibition of Open Flames in Indoor
Religious Activities
Defendants first argue that Plaintiff cannot meet his initial burden of showing that
SOP 403 constitutes a substantial burden on Plaintiff’s exercise of religious belief. The
Court agrees.
Plaintiff has established the sincerity of his belief that open flames are required for
the exercise of his religious beliefs. See Cutter, 544 U.S. at 725 n.13 (2005). Plaintiff is a
devout Roman Catholic, and he believes that using candles and incense in Catholic
worship services are required. The contrary opinion of the Roman Catholic Diocese does
not affect this prong of the RLUIPA or FERPA analysis—it is Plaintiff’s belief that
matters for purposes of determining whether a religious belief is sincerely held.
However, Plaintiff has failed to bring forth any evidence that the prohibition on
indoor open flames constitutes a substantial burden on that sincerely held religious belief.
See Warsoldier, 418 F.3d at 994. Plaintiff does not dispute that he is permitted to use
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open flames in his worship services—he simply must use them outside. The IDOC has
outdoor worship facilities that prisoners are allowed to utilize, and Plaintiff has submitted
absolutely no evidence that he is unable to do so.
Plaintiff cannot show that SOP 403 imposes “a significantly great restriction or
onus” on Plaintiff’s religious exercise. San Jose Christian College, 360 F.3d at 1034.
Therefore, Plaintiff has failed to establish a prima facie case of an RLUIPA or FERPA
violation, and Defendants are entitled to summary judgment.
i.
Even if SOP 403 Were a Substantial Burden on Plaintiff’s Exercise
of Religious Belief, Defendants Have Established that SOP 403 Is
the Least Restrictive Means of Furthering a Compelling
Governmental Interest
As explained above, Plaintiff’s failure to establish a substantial burden on his
religious exercise entitles Defendants to summary judgment on that basis alone.
However, the Court goes on to consider whether—if Plaintiff were able to show such a
substantial burden—Defendants are nonetheless entitled to summary judgment. See
Warsoldier, 418 F.3d at 999.
Defendants have shown that prison officials have compelling interests in
decreasing the risk of fire, in limiting the availability of items that prisoners can use to
make weapons, and in reducing the likelihood of real or personal property damage. In
addition, as other courts have noted, the wax in candles “can be used to made key
molds,” and “incense can be inhaled and used to mask the odor of illegal substances.”
Childs v. Duckworth, 705 F.2d 915, 921 (7th Cir. 1983); see also Dettmer v. Landon, 799
F.2d 929, 933 (4th Cir. 1986) (describing prison security official’s opinion that candles
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“can be used as timing devices and to make impressions of keys” and that incense “can
be used to disguise the odor of marijuana”). All of these are safety and security interests
that are unquestionably compelling.
The question then becomes whether SOP 403 is the least restrictive means of
furthering the IDOC’s interests in inmate and staff safety, prison security, and fire
prevention. Defendants have met their burden of showing that it is.
SOP 403 does not prohibit all use of open flames in religious activities—only
indoor religious activities. A more restrictive means would have been to disallow any
open flame on prison grounds, even in outdoor worship areas. Defendants have chosen
not to do so, but instead to accommodate inmates who wish to use candles and incense by
allowing them to do so in an environment that poses less risk to safety and security.
Plaintiff has not rebutted Defendants’ evidence that SOP 403 is the least restrictive
means of furthering prison officials’ compelling interests in safety, security, and fire
prevention. Therefore, Defendants are entitled to summary judgment on this prong of the
RLUIPA and FERPA analyses as well.
CONCLUSION
Defendants have shown that Plaintiff cannot establish a prima facie case that SOP
403 substantially burdens the exercise of his religious beliefs. Defendants have also
shown that SOP 403 is the least restrictive means of furthering a compelling
governmental interest, and Plaintiff has not come forward with evidence establishing a
genuine dispute of material fact. For these reasons, Plaintiff’s RLUIPA and FERPA
claims necessary fail.
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ORDER
IT IS ORDERED:
1.
Plaintiff’s Fifth Motion for Extension of Time (Dkt. 117) is GRANTED.
2.
Plaintiff’s Motion to Correct Docket Filing Error (Dkt. 118) is GRANTED
to the extent that the Court has considered the exhibit at Docket 118-1 as
support for Plaintiff’s opposition to the Motion for Summary Judgment.
3.
Defendants’ Motion for Summary Judgment (Dkt. 109) is GRANTED, and
this entire action is DISMISSED with prejudice.
4.
Defendants’ Motion to Strike Plaintiff’s unauthorized sur-reply (Dkt. 123)
is DENIED AS MOOT.
DATED: April 3, 2023
________________________
Honorable Raymond E. Patricco
Chief U.S. Magistrate Judge
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APPENDIX
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 18 of 45
Idaho
Department of
Correction
Standard
Operating
Procedure
Title:
Religious Activities
Control Number:
403.02.01.001
Page:
1 of 23
Version:
8.0
Adopted:
5-1-1996
Chad Page, chief of the division of prisons, approved this document on
01/30/2019.
Open to the public:
Yes
SCOPE
This standard operating procedure applies to all Idaho Department of Correction (IDOC)
correctional facilities, including community reentry centers (CRCs), inmates, staff members,
volunteer and religious activity coordinators (VRCs), and faith-based volunteers.
Revision History
Revision Date (01/30/2019) version 8.0: Added section allowing Level 2 volunteers to
supervise limited service volunteers; revised terminology and provided clarification regarding
size and material of religious cards in Appendix D, removed religious beard exception
information.
TABLE OF CONTENTS
Board of Correction IDAPA Rule Number 06.01.01.403.......................................................... 2
Policy Control Number 403 ....................................................................................................... 2
Purpose ..................................................................................................................................... 2
Responsibility ............................................................................................................................ 2
Standard Procedures ................................................................................................................ 3
1. Introduction ......................................................................................................................... 3
2. Religious Volunteers ........................................................................................................... 3
3. Religious Activity Oversight ................................................................................................ 4
4. VRC Responsibilities .......................................................................................................... 4
5. Prohibited Activities............................................................................................................. 4
6. Designating Worship Areas and Scheduling Religious Activities ...................................... 5
7. Suspending, Reducing, or Delaying Religious Activities.................................................... 5
8. Work or Programming Conflicts.......................................................................................... 6
9. Religious Activity Protocols................................................................................................. 6
10. Inmates under the Sentence of Death................................................................................ 8
11. Inmates in Long-term Restrictive Housing ......................................................................... 8
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 19 of 45
Control Number:
403.02.01.001
Version: Title:
8.0
Religious Activities
Page Number:
2 of 23
12. Inmates in Hospital ............................................................................................................. 9
13. Religious Use of Wine and Other Sacraments................................................................... 9
14. Sweat Lodge ....................................................................................................................... 9
15. Religious Activity Completion Certificates ........................................................................ 11
16. Religious Activity Review Process.................................................................................... 12
17. Religious Activity Committees .......................................................................................... 12
18. New or Unfamiliar Religious Components........................................................................ 13
19. Religious Diets .................................................................................................................. 16
20. Religious Literature ........................................................................................................... 16
21. Religious Observance....................................................................................................... 17
22. Religious Activity Center Group Ceremonial Items .......................................................... 19
23. Budgets ............................................................................................................................. 19
24. Donations for Group Ceremonial Items ............................................................................ 19
25. Special Fund Accounts ..................................................................................................... 20
26. General Use Religious Activity Donations ........................................................................ 21
Definitions ............................................................................................................................... 22
References .............................................................................................................................. 22
BOARD OF CORRECTION IDAPA RULE NUMBER 06.01.01.403
Inmate Religious Practices
POLICY CONTROL NUMBER 403
Religious Practices
PURPOSE
The purpose of this standard operating procedure (SOP) is to provide guidance and
direction for recognized religious activities and to provide procedures for reviewing inmate
requests for accommodations of religious activities not covered in this SOP.
RESPONSIBILITY
Chief of the Division of Prisons
The chief of the division of prisons is responsible for:
•
Designating persons to serve on the religious activities review committee (RARC)
•
Serving as the approval authority for new and unfamiliar religious component
requests
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CRC Managers
The CRC managers are responsible for designating persons to serve on facility religious
activities oversight committee (RAOC).
Division VRC
The division VRC is responsible for:
•
Developing and delivering training to religious volunteers
•
Overseeing religious activities in facilities
•
Developing and delivering training to facility VRCs and staff members
Facility VRC
The Facility VRC is responsible for:
• Coordinating and overseeing religious activities in facilities
• Recruiting religious volunteers if the need arises
• Maintaining volunteer records
Facility Heads
Facility heads are responsible for:
•
Implementing this SOP
•
Ensuring that staff members adhere to the provisions provided herein
•
Designating a person to serve as the facility VRC if no contract position exists
•
Designating a religious activity oversight committee (RAOC)
STANDARD PROCEDURES
1. Introduction
The IDOC provides reasonable and equitable opportunities to inmates of all faiths to pursue
religious beliefs and activities, when those opportunities can be provided within budgetary
limitations and are consistent with the safe and orderly operation of a facility and its custody
level.
The IDOC does not interfere with an inmate’s religious belief. However, the IDOC has a
compelling government interest to maintain safety and security in its facilities. Therefore, the
IDOC may substantially burden an inmate's exercise of religion when the application of the
burden is based on a compelling IDOC interest and it is the least restrictive means of
furthering that interest.
2. Religious Volunteers
Religious volunteers conduct religious ceremonies and provide religious instruction and
spiritual guidance to inmates. Religious volunteers provide teaching, worship, and pastoral
care for the inmates in the facility in which they volunteer. For more information regarding
religious volunteers, see SOP 606.02.01.001, Volunteer Services in Correctional Facilities.
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3. Religious Activity Oversight
The oversight of religious volunteers and religious activities is accomplished using a
combination of IDOC and contract staff.
IDOC staff –When a facility does not have a contract VRC, the facility head or designee
must designate an IDOC staff member to serve in that role. At the facility head’s or
designee’s discretion, this designated staff member may continue performing the primary
job duties for which he was hired and as a secondary job duty, oversee religious volunteers
and religious activities as an extra duty.
Contract staff – In accordance with the contract that establishes volunteer and religious
activity services, there is a volunteer and religious activity coordinator (VRC) at each facility.
Contract staff provides most of the coordination and oversight of religious activities.
For the purpose of this SOP, the acronym VRC is used to describe both IDOC staff and
contract staff serving in the oversight of religious volunteers and religious activities.
4. VRC Responsibilities
In addition to the information provided in the ‘responsibility’ section and section 3, facility
VRCs and contract staff are responsible for the following:
Religious Volunteers
VRCs are responsible for locating, developing, and managing religious volunteers who
are representative of the facility’s inmate population.
Inmate Marriages
In accordance with SOP 311.02.01.001, Marriage Procedures for Inmates, VRCs, upon
request, must assist an inmate with finding a qualified person to conduct the marriage
ceremony. Inmate marriages must be requested, processed, and coordinated in
accordance with SOP 311.02.01.001.
Inmate Family Deaths or Personal or Family Crisis
VRCs may be involved when inmates receive notices of a family death or personal or
family crisis. Each facility must outline in a field memorandum the process for dealing
with family death or personal or family crisis calls.
5. Prohibited Activities
The following activities are prohibited:
•
Animal sacrifice
•
Belittling or ridiculing other religions
•
Curses, spells, or rituals meant to cause harm, distress, problems, or other
unwelcome events
•
Consumption of alcohol
•
Consumption of illegal substances
•
Consumption of tobacco
•
Domestic or foreign terrorism
•
Nudity
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•
Inmate organizations or practices that put inmates in positions of power, authority, or
leadership over other inmates
•
Paramilitary exercises
•
Profanity
•
Proselytizing (coercing, harassing, or attempting to convince an inmate to change his
religious affiliation)
•
Self-defense training
•
Self-mutilation
•
Sexual acts
•
Superiority of one race or religion over another
•
Use or display of weapons (or what appear to be weapons)
•
Violence
6. Designating Worship Areas and Scheduling Religious Activities
Facility heads or designees must designate areas for religious activities that fairly and
equitably accommodate the needs of all religious groups in the inmate population. This
includes one outdoor worship area established and maintained in a location that is suitable,
secure, and in an area that is reasonably separated from non-participating inmates, but staff
can supervise or observe. However, outdoor worship areas are not allowed where building
design or security considerations prohibit its construction and/or use. The appropriate
division chief or designee, or CRC reentry manager or designee, must approve any
exception where an outdoor worship area is not provided.
The facility VRC must schedule and oversee religious activities and coordinate weekly
religious activities within the facility’s master schedule. When scheduling religious activities,
the facility VRC must consider both the availability of IDOC staff or religious volunteer
supervision and the need to share the available time and space among the faith groups.
Program schedules must be posted in English and Spanish on bulletin boards that are
clearly visible to the inmate population.
On a volunteer basis, inmates in general population can access religious resources,
activities, and instruction consistent with the custody level of the facility. Inmates in
restrictive housing may access religious activities with religious volunteers as coordinated by
the facility VRC.
Each month the VRC must submit the following month’s schedule of religious activities to
the assigned deputy warden or second-in-command for approval. The deputy warden or
second-in-command must review religious activities at least annually.
7. Suspending, Reducing, or Delaying Religious Activities
In an emergency, such as a disturbance, the incident commander can suspend religious
activities. Any such suspension, reduction, or significant delay must be reported to the
facility head or designee.
In a situation such as fog, facility lockdown, or staff shortage, the facility head or second-incommand can temporarily suspend, reduce, or delay religious activities. If the reduction of
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religious activities extends beyond one week, the facility head or second-in-command must
notify the chief of the division of prisons or CRC reentry manager, as applicable.
8. Work or Programming Conflicts
If a facility work assignment or programming interferes with an inmate’s ability to practice the
tenets of his faith, the inmate may discuss the conflict with his work supervisor or
programming staff to see if an adjustment in duties or scheduling could eliminate the
conflict. Exceptions granted to a facility work assignment or programming must be
documented in the Offender Management System as a ‘special concern’ c-note entry.
If the conflict is concerning a special event or religious holy day, no job reassignment or
permanent schedule change is necessary, and time off should be accommodated if
possible. The inmate must submit a written request to his work supervisor or programming
staff at least 48 hours before a special event or religious holy day.
If the conflict cannot be resolved, the inmate may submit a written request to the facility VRC
for assistance. The facility VRC must take the request to the religious activities oversight
committee (RAOC) for discussion, and if the issue cannot be resolved at the facility level,
the RAOC must forward the issue to the Religious Activity Review Committee (RARC) for
review and decision.
Conflicts with work assignments that are outside of the facility such as prison industry
enterprise (PIE) programs, vocational work projects, or private work force job at a CRC must
be resolved with the employer, not the IDOC.
9. Religious Activity Protocols
Languages Allowed
Sermons, teachings, and admonitions must be delivered in English. However, inmates
can recite customary prayers in the language required by their religion or faith.
The facility head or designee can approve activities delivered in other languages if it
meets the overall needs of the inmate population. Use Appendix B, Religious Activity
Foreign Language Approval Log to document approval of foreign language activities.
Supervision
The supervision definitions below are for the purpose of this SOP only.
Direct supervision means that a staff member, VRC, or religious volunteer must be
physically present in the same room or area as the inmates being supervised. The staff
member, VRC, or religious volunteer must not be separated from the inmates by glass,
wall, or partition. If the staff member, VRC, or religious volunteer leaves that area, he is
no longer in direct supervision of the inmates, even if he is in the same building. Direct
supervision cannot be conducted from a tower or video technology.
Indirect supervision means that a staff member, VRC, or religious volunteer is not
physically present in the same area as the inmates being supervised but is in a position
to observe the inmates through a direct line of sight, through a window or video
technology.
Constant means continual from the beginning of the assembled period to the end of the
assembled period.
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Periodic means at a specified interval (as described in field memorandum) during the
assembled period.
Intermittent means at unspecified intervals during the assembled period.
Religious activities must be supervised as follows:
Inmate-led Religious Activities
•
Minimum Custody
Requires periodic direct or indirect supervision as defined above and as
described in the facility’s field memorandum.
Staff may provide constant direct or indirect supervision.
•
Medium Custody
Requires prior authorization by the facility’s deputy warden or second-incommand and must have periodic direct or indirect supervision as defined
above and as described in the facility’s field memorandum.
Staff may provide constant direct or indirect supervision.
•
Close Custody
Requires prior authorization by the facility’s deputy warden or second-incommand and must have direct supervision by a staff member, VRC, or
religious volunteer, and constant direct or indirect supervision by a security
staff member.
Volunteer-led Religious Activities
All religious activities led by a religious volunteer who has restricted status (see SOP
606.02.01.001, Volunteer Services in Correctional Facilities) require constant direct
supervision as defined above.
•
Minimum Custody
Requires periodic direct or indirect supervision as defined above and as
described in the facility’s field memorandum and intermittent direct or
intermittent indirect supervision by a security staff member
•
Medium Custody
Requires periodic direct or indirect supervision as defined above and as
described in the facility’s field memorandum and intermittent direct or
intermittent indirect supervision by a security staff member
•
Close Custody
Requires constant direct and indirect supervision by a staff member or
facility VRC and intermittent direct or intermittent indirect supervision by a
security staff member
Any religious activity provided by a limited-service volunteer requires constant direct
supervision by IDOC staff members or a Level 2 volunteer.
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Supervision Exceptions
The facility head or designee can approve exceptions to the supervision requirements.
While it is preferable to have religious volunteers for every religious group, sometimes
religious volunteers are not available in the community. If a staff member, facility VRC,
or religious volunteer cannot directly supervise an activity, the facility head or designee
must ensure that security staffing and other activities are sufficient to maintain order and
safety and are in accordance with the supervision requirements described in this section.
Participation: CRC Inmates
Inmates housed in CRCs may be allowed to participate in religious services in the
community. For further information, see, SOP 605.02.01.001, Furlough Program for
Inmates and SOP 606.02.01.001, Volunteer Services in Correctional Facilities.
Staff Members and VRCs
With the exception specified in section 10, inmates under the sentence of death, staff
members, and VRCs are prohibited from conducting, leading, volunteering, or
participating in religious activities or services. As directed by the facility head or
designee, staff members and/or VRCs are required to provide supervision for services
and activities that do not have a religious volunteer. Staff members and VRCs must
monitor religious volunteer-led activities and services to ensure that the standards
established in this SOP are followed. In addition, facility VRCs must provide monitoring
as established in the volunteer and religious activity coordination contract.
10. Inmates under the Sentence of Death
SOP 135.02.01.003, Execution Procedures, provides specific guidelines regarding access to
inmates who are under the sentence of death once a court has issued a death warrant.
During that time, the inmate has increased access to certain individuals including a spiritual
advisor of his choice. A VRC may be required to assist the IDOC in locating a spiritual
advisor for such an inmate. The IDOC does not require that a VRC serve as spiritual advisor
or participate in any procedure directly connected to the execution process, with the
exception of assisting with finding a spiritual advisor as needed. However, a VRC may serve
as a spiritual advisor if (a) the inmate requests the VRC to serve as his spiritual advisor, (b)
the VRC is willing to serve as the inmate’s spiritual advisor, and (c) the facility head
approves.
11. Inmates in Long-term Restrictive Housing
Facility VRC Requirements
The facility VRC providing service at any facility with long-term restrictive housing is
required to visit each unit and tier at least once each month, making himself available to
any inmate with questions or concerns regarding religious or volunteer activities. The
facility VRC must document such visits and submit the documentation to the division
VRC on a monthly basis in a format determined by the division VRC.
Inmate Request for Access to a Religious Advisor
Inmates in restrictive housing can submit a written request to the facility VRC requesting
access to a religious advisor. The facility VRC must contact a religious volunteer or
approved representative of the faith and arrange a visit consistent with security and
order of the facility. Religious volunteers and faith group representatives must always be
escorted or under staff observation when visiting inmates in restrictive housing.
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12. Inmates in Hospital
Inmates who are hospitalized can request access to representatives of their faith group. The
facility head or designee must approve any visit between a religious representative and an
inmate hospitalized in a hospital that is outside the secure confines of the facility. The facility
head may determine the frequency of such visits.
13. Religious Use of Wine and Other Sacraments
Sacraments such as wine can only be used under the direct supervision of a staff member,
facility VRC, or level-2 religious volunteer. When wine is used as a sacrament, the minister
or priest may consume no more than three ounces of wine. Inmates shall not consume any
wine.
Sacraments such as wine must be approved by the facility head or designee and be
removed by a religious volunteer from the facility after each use.
The facility head or designee must document the approval in a memorandum and forward
the memorandum to the facility VRC and other applicable staff. Normally, the memorandum
must be reviewed at least annually and reissued if needed. The facility VRC must keep a
copy of the memorandum on file in the religious activity center or chapel and forward a copy
to the chief of the division of prisons or CRC reentry manager, as applicable.
14. Sweat Lodge
The IDOC recognizes that sweat lodge ceremonies are an important part of Native American
culture. The following procedures have been established regarding the procurement of rocks
and firewood. Sweat lodges are not open to other religions or groups and are specific to the
practice of the Native American religion. However, sweat lodge ceremonies are open to all
IDOC inmates who wish to practice the Native American religion. During some portions of a
sweat lodge ceremony, a staff member, facility VRC, or religious volunteer may not have a
direct line of sight to inmates but must observe the sweat lodge.
Each month, the facility VRC must document rocks and firewood supplied, collected, and
donated using the Sweat Lodge Firewood and Rock Tracking Log.
Rocks for Sweat Lodge
Each facility that has a sweat lodge must develop a process to provide rocks for use
during the sweat lodge ceremony.
At medium custody facilities, the rock storage area must be outside the perimeter fence.
A staff member must provide direct supervision when rocks are moved inside the
perimeter and when unserviceable rocks are removed.
The rock supply must meet the following criteria:
•
At least 100 rocks per year
•
Be approximately eight to 10 inches in diameter
•
Be stored in an area the facility head or designee has designated
Each facility that has a sweat lodge must develop a process for collecting the rocks.
Inmates who are classified minimum custody and approved to work away from the
facility (off facility grounds) do the rock collection for minimum custody and adjacent
medium custody facilities. Staff supervises rock collection crews as determined by the
facility head or designee.
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Rocks are collected from IDOC property, or other state of Idaho, federal, or private
property where the owner or management authority has granted the IDOC permission to
collect rocks.
If rocks cannot be collected legally from a location that is reasonably accessible to the
IDOC, then rocks may be donated.
Firewood for Sweat Lodge Ceremonies
Sweat lodges are authorized to use up to one cord of firewood per month for a total of 12
cords of firewood per year at each facility with a sweat lodge. The chief of the division of
prisons or the division chief responsible for CRCs or their designee must approve any
firewood use exceeding the 12-cord per year limit.
The IDOC will reject any firewood that poses a security risk or contains contraband.
In the sweat lodge area, there will be a rack that holds one cord of firewood. Before the
first sweat lodge ceremony of each month, inmates, under the direction and supervision
of staff, fill the rack with firewood from the designated storage area. Firewood stored in
the designated storage area must be neatly stacked.
Firewood for the sweat lodge is provided by one or more of the following methods in the
following order:
1. Collected from IDOC-owned property or other authorized property
2. Donated Firewood
3. Purchased Firewood
Collected From IDOC-owned Property or Other Authorized Property
If available, firewood may be collected from IDOC property. Inmates approved for work
assignments collect the firewood under staff supervision as determined by the facility
head or designee. Collected firewood may be shared with neighboring IDOC facilities or
stockpiled for future use.
Firewood can also be collected from other sources such as state of Idaho, federal, or
private land if the firewood is legally obtained and reasonably accessible as part of
vocational work projects and does not cause the IDOC to incur additional staff or
resource expenses.
Donated Firewood
Designated staff and facility VRCs will solicit for firewood donations. Examples of
sources for donated firewood include, but are not limited to, mill ends from lumberyards
or construction companies and firewood from individuals, organizations, or businesses.
All firewood donations are accepted, unless the firewood is unfit to burn, unsuitable for
use, or contains contraband. The shift commander or designee is responsible for
inspecting firewood before it is moved inside the facility perimeter. Inspections may
include a physical search and/or use of drug-detection canines. Donation sources and
complete donations may be rejected if contraband, such as drugs, weapons, or tobacco
is found in the firewood.
Donated firewood must be free of glues, chemical treatment, nails, or any other foreign
objects that pose a safety or security risk. Any firewood received that has glue or other
chemical treatment must not be used for ceremonies and must be disposed of or
destroyed.
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Facility heads or designees must designate an area for receiving and storing donated
firewood. At medium custody facilities, the storage area must be outside the perimeter
fence. When firewood is needed, it is moved inside the perimeter under the direct
supervision of IDOC staff.
The facility VRC coordinates the delivery of firewood, and each facility head must
describe the reception processes in a field memorandum to ensure that unscheduled
donations are not turned away. Donations may be shared with neighboring IDOC
facilities or stockpiled for future use.
Purchased Firewood
Each facility with a sweat lodge must budget a minimum of three hundred dollars per
year to be used to purchase firewood for the sweat lodge ceremony. However, this
money is only to be used if collected or donated firewood becomes unavailable or is
expected to be unavailable for at least a two-week period. If the purchase of firewood
becomes necessary, it is purchased from local vendors at the current market price.
Firewood Fund Donations
In addition to the three hundred dollars per year, the IDOC will match dollar-for-dollar
money donated to a fund dedicated to the purchase of firewood at each facility with a
sweat lodge. The matching funds will not reduce the annual minimum budgeted amount
of three hundred dollars. The donated money and the IDOC match are not used until the
three hundred dollar annual budget has been spent. Any unspent donated money
continues to accumulate; however, the state of Idaho match must not exceed the market
price of six cords of firewood during a fiscal year.
Contributions to the firewood fund can be made from inmates or from private individuals,
organizations, or agencies if inmates have not used coercion or committed other IDOC
rule violations as described in SOP 318.02.01.001, Disciplinary Procedures: Inmate. The
facility donation match will not exceed six cords of firewood per sweat lodge during the
current fiscal year and only at a rate of one cord of firewood per month.
Only inmates actively participating in the sweat ceremonies can contribute to the fund.
To qualify as an active participant, an inmate must have attended the sweat lodge
ceremony at least 60% of the time during the 90-day period just before the date of the
donation. The facility head or designee can make an exception because of medical
conditions that limit participation and/or an inmate being new to the facility.
Each facility with a sweat lodge must provide inmates information on how to donate to
the firewood fund. Upon request, the division of prisons will make available to sweat
lodge participants the firewood fund balance and expenditure records (Sweat Lodge
Tracking Log).
15. Religious Activity Completion Certificates
Religious activities, education, and services are not IDOC-approved core or ancillary
programs or treatment. Inmates are not ordered to complete or attend religious activities as
part of their treatment or release plans. To avoid confusing the attendance or completion of
a religious activity with an IDOC core or ancillary program, only a Certificate of Completion:
Faith-based Class can be used for completion or participation in faith-based religious
activities, education, and services.
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16. Religious Activity Review Process
The IDOC may conduct periodic reviews of religious practices and volunteer programs at
IDOC facilities. The division VRC provides the report format and reporting instructions.
When a religious activity review is conducted, the reports are sent to the division VRC. The
division VRC compiles the reports and presents the results to the department leadership.
The facility VRC’s compile monthly reports and submit them to the division VRC monthly. At
a minimum, the reports must contain the following:
•
Summarized Inmate Concern Form tracking data
•
Inmate participation numbers
•
Religious volunteer tracking information
•
Religious activity by faith group
•
Special events
•
New and unfamiliar religious practice requests
•
Donations
•
Restrictive housing visits
17. Religious Activity Committees
Religious Activity Oversight Committee (RAOC)
Each facility head must designate a committee to oversee religious activities, consisting
of at least three individuals and must include the facility VRC and a deputy warden or
second-in-command. A lieutenant or higher rank may be used in lieu of a deputy warden
of security or a program manager may be used in lieu of a deputy warden of operations;
however, at least one deputy warden must serve on this committee. The division VRC
may participate in any RAOC meeting at any time.
This committee oversees religious activities at the facility and communicates with the
division’s religious activity review committee (RARC).
CRC managers must designate a similar committee; however, the membership of the
committee may vary but must include the community reentry center VRC and a member
of the CRC’s management team.
RAOC must meet (see section 19) when an inmate request for a new or unfamiliar
request is received. The RAOC is encouraged to meet more frequently to review facility
religious activities, even when there are no requests.
Religious Activity Review Committee (RARC)
The division of prisons chief must designate a division RARC, consisting of at least three
individuals and must include a deputy attorney general (DAG) who represents the IDOC
to serve as legal advisor and the division VRC. A deputy chief or their designees may
attend the RARC meeting. In the event that the request came from a CRC, a deputy
chief or designee from the division responsible for CRCs must be included in the
committee.
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The RARC is responsible for making recommendations (in writing) using a Request for
New or Unfamiliar Religious Component, and submitting it to the division of prisons chief
or designee for the final decision.
18. New or Unfamiliar Religious Components
SOP 320.02.01.002, Property: Religious, identifies personal ceremonial items and group
ceremonial items to accommodate most religions or faiths.
If an inmate’s religion or faith requires a component that is not approved in this SOP or
320.02.01.002, this section provides a method for the IDOC to consider new or unfamiliar
religious property and/or practices. Inmates can request consideration of a new or unfamiliar
religious property and/or practice by submitting an Inmate Concern Form to the RAOC
through the facility VRC. In order for the IDOC to consider the request, the inmate must
submit the request on an Inmate Concern Form. If there is a request for a new or unfamiliar
religious component to review, the RAOC must convene by the 5th working day of the month
after the request is received and must submit their recommendation to the division VRC by
the 10th working day of the month after the request is received. The RARC will submit their
recommendation to the Chief of Prisons no later than 30 calendar days after receipt of the
RAOC recommendation. The Chief of Prisons will submit the final decision no later than 14
calendar days upon receipt of the RARC recommendation.
RAOC Role
The RAOC’s role is to provide a detailed description of the component and/or practice,
consider whether restricting the practice substantially burdens the inmate’s ability to
practice their faith, determine if there is any compelling government interest to restrict
the practice, and if a compelling government interest exists, identify least restrictive
alternatives to allowing the practice as requested. Each least restrictive alternative must
be given consideration, and if there is a compelling government interest to restrict an
alternative, then the compelling government interest must be explained. Then the RAOC
must consider the next least restrictive alternative and so forth until either a least
restrictive alternative is recommended, or all least restrictive alternatives were
considered, but rejected.
Compelling government interests must be explained in detail. For example:
•
Do not state that SOPs do not allow the component or practice.
•
Do explain in detail the specific risk to safety, security, or inability to provide
resources necessary to permit the component or practice.
Individuals on the RAOC also serve different roles. The facility VRC’s role is to obtain
details and clarification of the request from the inmate, research the component or
practice to provide a clear understanding of the request, and to determine what, if any,
least restrictive alternatives exist. The facility VRC’s role is to assist the IDOC by
identifying least restrictive options for the religious component or practice. The facility
VRC’s role is not to advocate against the request.
The IDOC staff role is to determine if a compelling government interest exists to restrict
the component or practice and apply that analysis to each alternative until one is
recommended or until the alternatives are exhausted.
Input from the facility level is critical to provide quality information so the division of
prisons chief or designee can make an informed decision.
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RARC Role
The division RARC’s role is to review the RAOC’s recommendation and consider how
the recommendation would affect the division if implemented. The division RARC may
have additional information or a different perspective. For example, something that
seems acceptable for one inmate at a small minimum custody facility might create a
large problem if implemented at all facilities for all inmates.
The division RARC also considers input from a DAG who represents the IDOC.
The division RARC periodically reviews and updates applicable SOPs to implement
decisions made that affect the division as a whole.
The combined viewpoints of the RAOC and division RARC provide the division of
prisons chief or designee with vital information to make a decision and determine if the
decision is isolated to one inmate or is implemented at all facilities.
Request for a New or Unfamiliar Religious Component
When an inmate requests new or unfamiliar religious components or practices, use
these process steps:
Functional Roles and
Responsibilities
Step
Inmate(s)
Facility VRC
Idaho Department of Correction
1
2
Tasks
Submit an Inmate Concern Form to the facility VRC.
•
Review the request, and if necessary, obtain more
information from the inmate.
•
Complete sections 1, 2, and 3 of the Request for New or
Unfamiliar Religious Component.
•
Forward the Request for New or Unfamiliar Religious
Component and the Inmate Concern Form to the facility
RAOC.
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 32 of 45
Control Number:
403.02.01.001
Functional Roles and
Responsibilities
Version: Title:
8.0
Religious Activities
Step
Tasks
•
Review the submitted Request for New or Unfamiliar
Religious Component and Inmate Concern Form.
Determine if additional research or documentation is
required. If additional research or documentation is
required, return the Request for New or Unfamiliar
Religious Component to the facility VRC with instructions
and timeline for completion.
•
RAOC
3
•
•
•
4
•
•
RARC
Idaho Department of Correction
5
If the Request for New or Unfamiliar Religious
Component is completed adequately, consider whether
the component or practice would substantially burden the
inmate’s ability to practice their faith. Determine if there
is any compelling government interest or penological
objective being met by restricting the request (i.e. risk to
safety, security, or good order of the facility may be a
compelling government interest).
Complete sections 4, 5, 6, and 7 of the Request for New
or Unfamiliar Religious Component.
Forward Request for New or Unfamiliar Religious
Component (the Word version) and copy of the Inmate
Concern Form via email to division of prisons VRC by the
10th working day of the month.
•
Division of Prisons
VRC
Page Number:
15 of 23
•
Review the Request for New or Unfamiliar Religious
Component and Inmate Concern Form.
If the Request for New or Unfamiliar Religious
Component requires additional information, return it to
the facility RAOC chairperson with instructions and a
timeline for completion.
If the Request for New or Unfamiliar Religious
Component is complete, forward it and a copy of the
Inmate Concern Form to the RARC.
Review the Request for New or Unfamiliar Religious
Component and Inmate Concern Form and if necessary,
request additional information from the submitting facility
RAOC or other sources. The division RARC may solicit
additional information or input from other facility RAOCs.
Make a recommendation on the Request for New or
Unfamiliar Religious Component and forward it with a
copy of the Inmate Concern Form to the chief of the
division of prisons or designee no later than 30 calendar
days upon receipt of the RAOC recommendation.
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Control Number:
403.02.01.001
Functional Roles and
Responsibilities
Version: Title:
8.0
Religious Activities
Step
Division of Prisons
Chief or Designee
Tasks
•
•
6
•
•
RARC or designee
7
Page Number:
16 of 23
•
•
•
8
•
Facility RAOC
Chairperson
9
•
Review the recommendation and make a decision.
Forward the completed Request for New or Unfamiliar
Religious Component to the division RARC or designee
no later than 14 calendar days upon receipt of the RARC
recommendation.
Forward the completed Request for New or Unfamiliar
Religious Component to the affected facility RAOC.
Post the completed Request for New or Unfamiliar
Religious Component in an online-centralized location
where all RAOC’s can access the information.
File the completed Request for New or Unfamiliar
Religious Component that has the original signature.
If necessary, implement the process steps needed to get
the component added to or addressed in all affected
Idaho Administrative Procedure Act (IDAPA) rules, IDOC
policies, and SOPs.
Implement the decision and inform the inmate and the
RAOC.
In those cases involving an individual inmate and the
approval of property or other practice that is not routine,
not approved at other facilities, or will not be added to
the SOP, document the decision in CIS as a ‘special
concern’ c-note entry.
If warranted, issue a memorandum to the inmate and
other staff as needed.
19. Religious Diets
Inmates must choose from the IDOC diet options to meet the needs of their religion’s dietary
requirements.
20. Religious Literature
Facility VRCs must collect all literature that volunteers bring in and mail sent from
organizations for general distribution to include booklets, books, magazines, posters,
pamphlets, etc. The VRC must submit the materials to the facility head or designee for
approval before the literature is distributed or posted. Literature that poses no problems is
made available to the inmates.
Inmates may donate religious books with the understanding that the donated religious books
become property of the state of Idaho, and the IDOC may dispose of or redistribute the
books to other facilities at its discretion.
Personal mail sent to individual inmates is processed through the mailroom. If the mailroom
staff believes the literature does not comply with SOP 402.02.01.001, Mail Handling in
Correctional Facilities, the literature must be forwarded to the deputy warden or second-incommand.
Idaho Department of Correction
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Religious Activities
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If the facility head or second-in-command determines that any personal religious literature
requested by, sent to, or obtained from an inmate does not meet the requirements of
applicable SOPs, the literature must be processed as a new or unfamiliar religious
component (see section 19).
Unsolicited literature sent to the facility that does not meet applicable SOP standards is
destroyed. Literature brought by religious volunteers that does not meet applicable SOP
standards is returned to the religious volunteer.
Religious books, magazines, or periodicals must comply with this SOP and SOPs
320.02.01.001, Property: State-issued and Inmate Personal Property; 320.02.01.002,
Property: Religious; and 402.02.01.001, Mail Handling in Correctional Facilities.
Each facility must outline in a field memorandum any further instruction regarding the
management of religious literature.
21. Religious Observance
The IDOC recognizes that many religions observe certain days or periods as an important
component of the religious practice. If the observance of the religious practice requires
deviation from the standard facility schedule and/or processes and is not already covered in
policy and restricting the religious observance would place a substantial burden on the
inmate’s ability to practice their religion, the IDOC will, to the extent possible, accommodate
the religious observance.
An inmate must submit an Inmate Concern Form, based on the guidelines below. To ensure
there is sufficient time to review, and if approved, coordinate the observance, inmates must
submit the request at least 60 calendar days before the observance would take place.
For some religions, food items are an essential part of an observance. If it is determined that
food is required for a ceremony, this must be specified in the Inmate Concern Form. Food
items may only be provided through one of the following ways:
1. Upon approval of the facility head or designee, a Level 2 volunteer as defined in
606.02.01.001,Volunteer Services in Correctional Facilities, may purchase and bring
the food items into the facility. The food items must be purchased from a store,
packaged in sealed containers, and donated to the religion or faith group.
2. The RAOC may approve the purchase of food items, by the facility VRC or
designated staff, for a specific religious group from money donated to a special fund
account, based on Section 26, Special Fund Accounts.
3. Upon approval of the facility head or designee, inmates may use food items
purchased from the commissary and brought to a designated worship area.
Note: If the facility head approves the sharing of food as part of the religious observance, the
sharing of the approved food does not constitute bartering. Inmates are still subject to the
disciplinary process if bartering is actually taking place during the religious observance.
If a religious beverage is requested and approved as an essential part of the religious
observance, staff will provide a container for the beverage. For example, if tea is required,
containers will be provided to brew the tea.
Idaho Department of Correction
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Control Number:
403.02.01.001
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8.0
Religious Activities
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To request participation in a religious observance that deviates from the standard facility
schedule and/or processes and is not already covered in policy, the following steps must be
followed:
Functional Roles and
Responsibilities
Inmate
Step
Tasks
•
1
•
•
Facility VRC
2
•
•
•
3
•
RAOC
•
•
4
Idaho Department of Correction
•
Submit an Inmate Concern Form to the VRC detailing
the request for religious observance at least 60
calendar days before the actual observance would
take place.
Include all of the details required to accommodate the
religious observance including, but not limited to: date
of observance; accommodations, including food items;
whether it’s a group or individual observance, etc.
Conduct research and discuss the request with the
inmate to determine if denying the request would
substantially burden the inmate’s ability to practice
their religion. Document discussion with inmate.
Submit the Inmate Concern Form and documentation
to the RAOC for review.
If the request was not submitted within the 60calendar day requirement, consider whether there is
still a reasonable amount of time before the
observance to process the request. If there is, proceed
to the next step. If there is not enough time to process,
explain this in writing to the inmate and the process
ends here.
Review the Inmate Concern Form and VRC
documentation. Determine if denying the request
would substantially burden the inmate’s ability to
practice their religion.
If denying the request would not substantially burden
the inmate’s ability to practice their religion, submit a
recommendation to deny the request to the division
VRC.
If denying the request would substantially burden the
inmate’s ability to practice their faith, proceed to step
5.
Determine if there is any compelling government
interest or penological objective being met by
restricting the request.
If denying the request would substantially burden the
inmate’s ability to practice their religion and there is no
compelling government interest or penological
objective being met in restricting the request, the VRC
will facilitate the appropriate accommodations for the
observance and the process ends here.
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 36 of 45
Control Number:
403.02.01.001
Functional Roles and
Responsibilities
Version: Title:
8.0
Religious Activities
Step
Tasks
•
5
•
•
Division VRC (if
applicable)
6
Page Number:
19 of 23
•
If there is a compelling government interest in
restricting the request, determine the least restrictive
means for accommodating the request. Document the
approved accommodation and notify the inmate.
The VRC will facilitate the appropriate
accommodations for the observance and the process
ends here.
Review the Inmate Concern Form, the VRC’s
documentation, and the RAOC’s recommendation to
deny the request.
Make a decision and notify the facility RAOC. Save
the decision in an online-centralized location
accessible by all RAOC’s.
22. Religious Activity Center Group Ceremonial Items
The IDOC maintains certain group ceremonial items for religions represented in the inmate
population.
The list of religious activity center group ceremonial items (Appendix D) is provided as a
guide to items most groups use. Facilities are not required to provide every item listed and
facilities are not prevented from having additional items needed for the inmate populations if
approved by the facility head or designee and in consultation with the division VRC.
Facilities should try to provide items listed if inmates practicing a religion that use the items
are housed at that facility. Facility size and type affect the number of items that should be
provided. For example, a CRC does not have the space or resources to maintain as large
an inventory as a large facility such as the Idaho State Correctional Institution (ISCI). Facility
heads or designees must consult with the division VRC regarding proper inventories based
on the facility’s inmate population and resources.
Approved items that require an open flame, such as candles and incense, may only be used
in the outdoor worship area.
Group ceremonial items must be stored and secured in the religious activity center and used
only during group ceremony in the religious activity center, outdoor worship area, or sweat
lodge area.
23. Budgets
Each facility must establish a budget for religious group ceremonial items. To the extent
possible, facilities must strive to make the distribution of funds equitable, while recognizing
that funding cannot be based solely on a percentage basis. Facility VRCs may communicate
the budgeted amount with each religious group so the practitioners can monitor the use of
consumable items.
24. Donations for Group Ceremonial Items
Donations for group ceremonial items are solicited from represented religious groups in the
community. In addition to donated items, the IDOC may provide limited amounts of
consumable religious items (such as herbs, oils, candles, firewood, and incense). Facilities
Idaho Department of Correction
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are not required to stock all approved items but should communicate with inmate religious
groups to determine those items most frequently used.
Inmates can donate items for group ceremonial use if the items are on the approved list
(Appendix D). Any inmate who donates items to a specific group or activity must have been
an active participant in that group, attending ceremonies, services, or group meetings at
least 60% of the time during the 90-day period just previous to the date of the donation. The
facility head or designee can make an exception to the 60% rule because of medical
conditions that limit participation and/or an inmate being new to the facility. Donations must
be freely given and not coerced or required for participation. Any inmate using any form of
coercion or manipulation to obtain a donation is subject to disciplinary action in accordance
with SOP 318.02.01.001, Disciplinary Procedures: Inmate.
Before an item that was approved for group ceremonial use can be converted to general
use, the facility head or designee must make a reasonable effort to contact the person or
group that donated the item and give them an opportunity to take possession of the item
rather than have it converted to general use.
25. Special Fund Accounts
Religious special fund accounts may be set up to accept monetary donations to a specific
faith. Donated money will not be used for personal ceremonial or personal religious items.
Donated items may be used to purchase religious group ceremonial items and/or food for a
group religious observance, if approved in accordance with section and Section 22,
Religious Observance.
Donations to a specific religious special fund account may be made by inmates or from
individuals, organizations, or agencies from the community as long as an inmate has not
used coercion or committed other IDOC rule violations) to obtain the donation. Any inmate
using any form of coercion or manipulation to obtain a donation is subject to disciplinary
action in accordance with SOP 318.02.01.001, Disciplinary Procedures: Inmate.
The amount of money inmates can donate to a specific religious special fund account may
not exceed $100 per fiscal year, per inmate. To donate money, an inmate must have
attended the faith’s ceremonies at least 60% of the time during the 90-day period just before
the date of the donation. If the inmate is a recent transfer from another facility, this
attendance requirement must be verified with the previous facility. To donate, an inmate
completes an Inmate Personal Funds Withdrawal Slip made out to the specific fund account
(for example, ‘ISCI Odinist religious special fund account’) and submits it to the facility VRC.
The VRC will verify that the inmate meets the attendance qualification and return the
withdrawal slip if the inmate does not meet the attendance qualification. If the inmate meets
the qualification, the VRC will complete Religious Special Fund Account Donation and
Expenditure Log, log the amount of money donated and forward the withdrawal slip to the
central office fiscal unit. At contract facilities, the VRC will return withdrawal slips to be
processed in accordance with the contractor’s fiscal procedures.
Inmates from the group may inquire about their religious special fund account balance and
items purchased. Inmates are not provided any information regarding who donated money
or donation amounts.
To request expenditure from a religious special fund account for a group ceremonial item,
use the following steps.
Idaho Department of Correction
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 38 of 45
Control Number:
403.02.01.001
Functional Roles and
Responsibilities
Inmate(s)
Version: Title:
8.0
Religious Activities
Step
1
2
Facility VRC
Tasks
Submit an Inmate Concern Form to the facility VRC
requesting a purchase from a specific religion’s special
fund account.
• Discuss the request with the religion’s inmate
attendees.
•
If no consensus is reached, the process ends here.
•
Ensure the item is authorized.
•
If an item is not authorized, complete the new and
unfamiliar religious component process in section 19. If
the division chief approves the component, the
authorization for the expenditure resumes in step 3 of
this section.
•
If the item is authorized, forward the Inmate Concern
Form to the RAOC chairperson.
•
Review the request with the RAOC.
•
Ask for additional information or offer suggestions to the
inmates.
•
Approve or deny the request based on the needs of the
faith group.
3
RAOC Chairperson
Page Number:
21 of 23
4
•
Facility VRC or
Designee
5
Facility VRC or
Designee
6
Facility VRC
7
If approved – ask the central office fiscal unit to issue
a check to the vendor; or if a facility staff member or
designee is making the purchase, use the facility
purchase-order process.
• If disapproved – notify the religious group of the
decision. The process ends here.
• Purchase the group ceremonial items.
• Bring the items and receipts for the items to the facility
VRC for verification and recordkeeping.
Log the expenditures and attach the receipts using the
Religious Special Fund Account Donation and Expenditure
Log.
26. General Use Religious Activity Donations
The IDOC accepts donations for all religious activities. All parties (to include inmates) who
donate, with the exception of those who donate anonymously, must adhere to the
parameters outlined in this section, and complete Appendix E, Religious Activity Item
Donations
Idaho Department of Correction
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Control Number:
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8.0
Religious Activities
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Any inmate using any form of coercion or manipulation to obtain a donation is
subject to disciplinary action in accordance with Disciplinary Procedures: Inmate,
SOP 318.02.01.001.
Donated items, including but not limited to, religious books/literature, become property of
the state of Idaho. The IDOC will redistribute items to other facilities or dispose of the
items at its discretion.
The IDOC recognizes that certain items carry a special significance to a specific faith.
For example, a Native American ceremonial pipe would be significant to those practicing
the Native American faith. The person or group donating such an item can request that
the item only be used by a specific group. The facility head or designee decides whether
the item is restricted for use by a specific group. The facility head or designee must
inform the person or group donating the item whether it is a restricted use item or a
general use item. The person or group donating the item has the right to withdraw the
donation following the facility head’s or designee’s decision.
Money
Monetary donations can only be accepted if there is a specific religious special fund
account set up for that purpose. When a monetary donation is accepted, the donation
must be recorded using Religious Special Fund Account Donation and Expenditure Log.
DEFINITIONS
Direct supervision: a staff member, VRC, or religious volunteer must be physically present
in the same room or area in the same area as the inmates being supervised. The staff
member, VRC, or religious volunteer must not be separated from the inmates by glass, wall,
or partition. If the staff member, VRC, or religious volunteer leaves that area, he is no longer
in direct supervision of the inmates, even if he is in the same building. Direct supervision
cannot be conducted from a tower or video technology.
Indirect Supervision: Visual supervision of inmates, volunteers, contractors, etc. by
observation through windows, line of sight, or the use of video technology.
Religious Activities Oversight Committee (RAOC): A committee that oversees religious
activities in a correctional facility, including community reentry centers (CRCs).
Religious Activity: Participation in a religious service or individual form of worship.
Religious Activity Center: Any outside or inside area (multi-purpose area, classroom, etc.)
designated for religious activities.
Volunteer and Religious Activity Coordinator (VRC): An Idaho Department of Correction
(IDOC) staff member(s) or contractor(s) who (a) coordinates, recruits, and manages
volunteers and volunteer activities; and (b) coordinates and supervises religious activities for
the IDOC.
REFERENCES
Appendix B, Religious Activity Foreign Language Approval Log
Appendix D, Religious Activity Center Ceremonial Items
Appendix E, Religious Activity Item Donations
Certificate of Completion: Faith-based Class
Idaho Department of Correction
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 40 of 45
Control Number:
403.02.01.001
Version: Title:
8.0
Religious Activities
Page Number:
23 of 23
Request for New or Unfamiliar Religious Component
Religious Special Fund Account Donation & Expenditure Log
Sweat Lodge Firewood & Rock Tracking Log
VRC Manual
Standard Operating Procedure 311.02.01.001, Marriage Procedures for Inmates
Standard Operating Procedure 318.02.01.001, Disciplinary Procedures: Inmate
Standard Operating Procedure 320.02.01.001, Property: State-issued and Inmate Personal
Property
Standard Operating Procedure 320.02.01.002, Property: Religious
Standard Operating Procedure 402.02.01.001, Mail Handling in Correctional Facilities
Standard Operating Procedure 605.02.01.001, Furlough Program for Inmates
Standard Operating Procedure 606.02.01.001, Volunteer Services in Correctional Facilities
–End of Document –
Idaho Department of Correction
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 41 of 45
IDAHO DEPARTMENT OF CORRECTION
Religious Activity Foreign Language Approval Log
Facility:
Activity
Schedule*
* = Subject to change.
Appendix B
403.02.01.001
(Appendix last updated 06/01/15)
Language
Description
Facility Head’s (or Designee’s)
Signature and Date
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 42 of 45
IDAHO DEPARTMENT OF CORRECTION
Religious Activity Center Group Ceremonial Items
Item
Maximum Size
Altar Box
66 quarts
Altar cloth
22” x 22”
Antlers
24” in length
Athame
6” in length
Bandanas
Bell
3” tall
Book of shadows
Besom
Brick Dust
Specifications
Material
Other
Plastic or
cardboard;
For storage
wood if
requested
Red, White, or
Black
Sweat lodge area
Deer Antlers
only
Cardstock
paper,
Can be laminated
cardboard, or
rubber only
Red, white, yellow,
and black
Brass
Paper; leather
No spiral binding
cover okay
6” tall
Sweat lodge area
only
Unscented
2” high
Caldron
3” diameter
Ceremonial bowls
2” diameter x 1”
deep
Ceremonial pipe
and storage box
Chalice
Chicken Bones
30” in length
Natural
materials
Wood, stone,
terra cotta
Natural
materials
3
1
1
1 of each color
1
1
6” tall
3 ½ length x 1”
wide
1
7
7
1
5
2
1
Use for divination
Cornmeal
5
½ lb./service
Sheet paper or
cardboard only
Coffin Nails
Cowrie Shell
1
1
½ lb. per year
Buffalo skull
Candles
Candle holders
Quantity
No more than 3
Not to exceed
18
3” long
Cowrie Shell Rattle
Deity figurines
11” tall
Terra cotta,
plastic, resin
No metal, stone, or
other heavy
material
Dirt/Sand
2
2 oz./service
Drinking Horn
24” long x 6”
diameter
Drum: hand
18” in diameter
Drum: kettle
24” in diameter
Appendix D
403.02.01.001
(Appendix last updated (08/22/18)
1
Sweat lodge are
only
1
1
Page 1 of 3
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 43 of 45
IDAHO DEPARTMENT OF CORRECTION
Religious Activity Center Group Ceremonial Items
Item
Drum: water
Maximum Size
12” to 18” in
diameter
Specifications
Material
Other
Sweat lodge are
only
Eggshell Dust
Elemental pebbles
Fan
Feathers
Herbs
Incense
Incense
burner/holder
Mortar and pestle
Moot Horn
Musical
Instruments
Oils
Oil diffuser ring
Oil diffuser
(Electric)
Oath ring
Pentacle
Pendulum
Rattles
Ribbon/Yarn/String
Religious Cards
(including Tarot
cards) with original
container
Runes
Quantity
1
1 oz.
¾” x ½” x ½”
no precious
stones
accompanying
pouch/container
13
12” to 16”
No eagle feathers
1
spread
Must meet standards in SOP 320.02.01.002, Property: Religious
Must meet standards in SOP 320.02.01.002, Property: Religious
Approved
selection, no
fragrances that
are similar to
drug odors such
as marijuana
natural
3” high
1
materials
2.5“ high x 2”
natural
1
diameter
materials
24” long x 6”
1
diameter
Guitars, keyboards, drums etc. Optional based on facility design, custody,
and storage.
Must meet standards in SOP 320.02.01.002, Property: Religious
natural
use on a light
6” in diameter
1
materials
bulb
use with
1
essential oils
12” diameter
Wood
1
3” diameter
Coaster style
1
retail or made by
12” in diameter
1
practitioners
gourd, tortoise
6” in length
shell, or
rawhide
Not allowed in
close custody or
36” long; 1/8”
for administrative
1
diameter
segregation
inmates
Tarot decks may
Cards may not
have minimal
Paper, No
be larger than
nudity; no
1 set
Lamination
4” x 8”
graphic nudity
permitted
Natural
storage/container
One set
Materials
or pouch
Appendix D
403.02.01.001
(Appendix last updated 01/29/1)
Page 2 of 3
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 44 of 45
IDAHO DEPARTMENT OF CORRECTION
Religious Activity Center Group Ceremonial Items
Item
Scourge
Maximum Size
Handle 12” long;
ropes 12” long
Specifications
Material
Other
Ropes made of
cloth or paper
retail or made by
practitioners
Sea salt/Kosher
Salt/Black Salt
Shell: abalone
6” to 8”
Tea strainer
Cloth
Thor’s Hammer
12” in length
No metal
With bag/case
Wand/Gand
16” in length
Wood
Dull ends
Ceremonial items will not be plastic or similar processed materials.
*Size is not to exceed the maximum in the first column, but the item can be smaller.
Appendix D
403.02.01.001
(Appendix last updated 01/29/1)
Quantity
1
Up to 3 ounces
2
1
1
1
Page 3 of 3
Case 1:18-cv-00264-REP Document 124 Filed 04/03/23 Page 45 of 45
IDAHO DEPARTMENT OF CORRECTION
Religious Activity Item Donations
Facility:
Donated Item:
Date:
Donated by:
Contact Information
Name:
Address:
Telephone number:
All donated items become the property of the state of Idaho. Most items are general use, which
means the items are made available for use by all faiths. The IDOC disposes of the item or
redistributes the items to other facilities at its discretion. Certain items that hold a spiritual
significance to a specific faith may be restricted for use by members of that faith. The facility
head or designee determines whether an item is restricted or general use.
I understand that the donated item(s) become property of the state of Idaho.
I wish to donate the item for:
General Use
Restricted Use (used only by a members of a specific faith)
If the item is donated for restricted use, what faith would be using the item:
Please explain the spiritual significance of the item to the faith and why it should be limited
for use by that specific faith:
Staff Use Only
Volunteer and Religion Coordinator (VRC)
The donation should be:
Accepted
Not Accepted
The donation should be:
General Use
Restricted Use
Comments:
Facility Head
Approved
Not approved
General Use
Restricted Use
Facility Head or Designee Signature
Distribution: File completed declaration in the facility VRC’s office.
Appendix E
403.02.01.001
(Appendix last updated 02/27/16)
Date
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