Wolff v. NH Department of Corrections et al

Filing 14

RESPONSE (pages 1-28) to Motion re 12 REPORT AND RECOMMENDATIONS re 5 Complaint, recommending that it be served as to 1983 and RLUIPA claims against Wrenn, Perkins and Daly, and the other claims be dismissed. filed by Charles Jay Wolff. (Attachments:, # 1 pages 29-54)(mxm, )

Wolff v. NH Department of Corrections et al

Doc. 14 Att. 1

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Attachment 4

New Hampshire Department of Corrections
QUESTIONNAIRE REGARDING NEW OR UNFAMILIAR RELIGIOUS COMPONENTS
Inmates requesting the introduction of a new component to the Religious Services Program (schedule, meeting time, and space , religious items and attire) shall provide to the chaplain a comprehensive response to each of the following questions for consideration by the Religious Review Committee for confi rmation of practice at the institutional, regional and national level. Because of the review at these levels, the process may require up to 180 days for completion. The committee recommendation will be forwarded to the Commissioner 's Office for consideration.

1. What is the official name of the faith group`?
2. Who is the head of the faith group in the United States?

3. What is the address and telephone number of the faith group? Headquarters in the United States?
4. What are the basic teachings of the faith group? Please provide titles or attach particular reference material which would be useful for researching this group.

5. Does the faith group have ministers or teachers?
6. Are ministers available to visit incarcerated members of the faith group? 7. Are there religious holidays to be observed by members? If so, when are the holidays and what religious practices are necessary for the observance?

8. Are there any necessary religious items and what is the religious significance of each? 9. Are there time and space requirements for the group? 10. Are you aware of related faith groups or other groups with similar practices? 11. Is the religion open to all inmates?

Dockets.Justia.com

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Attechment 5

New Hampshire Department Of Corrections
Request to Change Religious Preference

Date, Inn Name;

Inatitution: Current R : el`tgioua Preference of Record: _ To Chaplain:

I reuest that I be allowed to change my religious prefer ence to:

I understand that I must actively participate in my new religion for a period of six (6) months from officially changing my religion , before I am eligible for a religious diet, shaving waiver or participation in special events. I understand that I will have to send out any religious property that I currently have with respect to my present religion.

I understand that once I establish or change my religious preference, I must wait six (6) months before requesting another change.

T ank yo

(Inmate signature)

Approved:

Effecttve date:

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At6

622:22 Religious Ministrations . - The rules and regulations established for the govemnient of any prison, county correctional facility, or public charitable or reformatory institution shall provide for suitable religious instruction and ministration to the inmates.
Source . 1881, 39:1. PS 285:24. PL 400:25. RL 464:23. RSA 622:22. 1988, 89:24, eff June 17, 1988.

622:23 Religious Preferences . - The inmates shall have freedom of religious belief and freedom to worship God according to the dictates of their consciences, but this shall not permit anything inconsistent with proper discipline and management or any expense beyond that made under RSA 622:22. Source. 1881, 39:1. PS 285:25. PL 400:26. RL 464:24.

Cor 302. 07 Reiaious Actmties
(a) Religious programs and counseling shall be offered to all inmates . Inmates shall be able to participate in religious activities regardless of their custody grade. Inmates in minimum, medium and close security settings shall be able to attend group religious activities. Inmates during quarantine cycle, in punitive and administrative segregation and maximum custody status shall have access only to individual religious counseling and group religious activities available in their respective housing units. (b) The prison shall encourage religious volunteers to visit the prison for the purpose of providing religious ministrations to the inmates.

(c) Proselytizing shall be prohibited. Cor 304. (i) Secure psychiatric unit patients shall be provided the opportunity for religious counseling by ministers, priests, rabbis, or other religious representatives of organized faiths on a regular basis. Cor 404 . 04 Pend' (k) Inmates retained under this policy in pending administrative review status shall be afforded the same recreation, work, education, and other activities as are other inmates in the same housing unit unless security of the institution mandates otherwise. Cor 404 .06 Medical Searesation
(g) An inmate placed in medical segregation shall retain all rights and privileges in consonance with the inmate's custody grade including all personal property and participation in programs, unless the medical authority determines in his/her opinion that the exercise of a particular right or privilege by the inmate might jeopardize the medical treatment that the inmate is undergoing, in which case the medical authority shall prescribe in writing a partial or total curtailment of such rights and privileges.

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DEPARTMENT OF CORRECTIONS STATE OF NEW HAMPSHIRE P.O. Box 14 CONCORD 03301
JEANNE SHAHEEN GOVERNOR

GRIEVANCE FORM
(See Reverse for Instructions) 1. Date:

HENRY RISLEY .COMMISSIONER I

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TO: DIRECTOR (Warden) Director 's iction: Date of Director 's Action:

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FORWARD ALL THREE COPIES . WHITE WILL BE FILED IN OFFENDER RECORD , CANARY TO RESPONDER AND PINK TO GRIEVANT.

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DEPARTMENT OF CORRECTIONS STATE OF NEw HAMPSHIRE P.O. Box 14 CONCORD 03301
JEANNE SHAHEEN GoVERNOR

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TO: COMMISSIONER Commissioner's Action:

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FORWARD ALL THREE COPIES . WHITE WILL BE FILED IN OFFENDER RECORD , CANARY TO RESPONDER AND PINK TO GRIEVANT,

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our meeting in Mr. Kovac's office. I h ave lnet unit manager. We will resv ect the rieh

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Appendix C

Universal Declaration of Human Rights
On December 10, 1 94 8, the General Assembly of the United Nations adopted ad proclaimed the Uniuersal Declaration of Human Rights, the full text of which appears.in the following pages. Following this historic act, the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories. " Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights ofall members of the human family is the foundation of freedom, ^ustice and pea^ in the w7Md, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Wl eroac i+ ic essentiol to n mote the development of fri endly rela+ ;,,,, s }.etween nati...

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS
as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures , national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. All human beings are born free and ecual in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, suchrrace, colour, sex, language, relia giion, political or other opinion, national or social origin, property, birth or 1717

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UNIVERSAL DECLARATION OF HUMAN RIGHTS
other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3 . Article 4 . Everyone has the right to life, liberty and security of person. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Everyone has the right to recognition everywhere as a person before the law. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. No one shall be subjected to arbitrary arrest, detention or exile. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

1718

Iticle 5 .

Article 6. riicle t

Article 8 .

Article 9. Article 10.

Article 11. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shah a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13. (1) Everyone has the right to freedom of movement and residence within the borders of each State. (2) Everyone has the right to leave any country, including his own, and to return to his country Article 14. (1) Everyone has the right to seek and to enjoy in ocher countries asylum from persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the United Nations. Article 15. (1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

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3

1719

UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 16. (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a famiIy. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17. (1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.
Everyone has the xight to freedom of thouht, conscience and rel^ this right includes freedom to change his religion or belief, and freedom , either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and ob servance. Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20. (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association.
Article 21. (1) Everyone has the right to take part in the government of his country, directiy ur i,uruugii ireeiy eiiu,en repreaeiiiai,ivca.

(2) Everyone has the right to equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

ticle 23. ^1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equ4' work. (3) ,Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of hian dignity, and supplemented, if necessary, by other means ofsocial protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests.

Everyone has the right to rest and leisure , including reasonable limitation of Article 24. ----' working hours and periodic holidays with pay.
Ar^ icle 25. (1)..Everyone has the right to a standard of living adequate for the health and well-being ofhise lf and of his family, including food, clothing, housing and medical care and necessary social services , and the right to security in the

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UN VERSAL DECLARATION OF HUMAN RIGHTS
event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Artiicle 2 (1) Everyone has the right to education. Education shall be free, at least in the e^ementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (3) Parents have a prior right to choose the kind of education that shall be given
fn t}inir rhilr}ran

1720

/' rticle 27 : ki) .Fveryone has the right freelyto participate in the cultural life of the commu-

mt, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right lo the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28 .

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
opment of his personality is possible. (2)' In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. l hese rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

;icle 29 .(1) Everyone has duties to the community in which alone the free and full devel-

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INMATE REQUEST. SLIP
Submit your request to the Unit Supervisor , Security Lieutenant , or CC/CM. Your Unit Supervisor , Security Lieutenant , or CC/CM will help you ' resolve the problern or it will be forwarded to the appropriate person. Unit Supervisors , Security Lieutenants , or CC/CM will forward the request, NOT the inmate. Request slips not reviewed ,by the Unit Supervisor , Security Lieutenant , or CC/CM will. be returned to you.

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DEPARTMENT OF CORRECTIONS
STATE OF NEW HAMPSHIRE P.O. Box 14 CoNCORD 03301
JEANNESHAHEEN GOVERNOR

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F{ENRY RISLEY COMMISSIONER

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Submit your request to the Unit Supervisor ,. Security - Lieutenant , or CC/CM. Your Unit Supervisor , Security Lientenant ,.or CC/CM will help you resolve the problem-or it will be forwarded to the appropriate person. Unit Supervisors , Security Lieutenants , or CC/CM will forward the request, NOT the inmate. Request iips not reviewed 1 j^ f r / by the Unit Supervisor , Security Lieutenant , or CC/CM will. be returned to you.

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DEPARTMENT OF CORRECTIONS STATE OF.NEW H AMPSHIRE

P.O. Box 14 CONCORD 03301
JEANNE SHAHEEN GOVERNOR.

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Submit your request to the Unit Supervisor, Security Lieutenant , or CC/CM. Your Unit Supervisor , SecurityLieutenant , or CC/CM will help you resolve the problem or it will be forwarded to the - appropriate person. Unit Supervisors , Security Lieutenants , or CC/CM will forward the request , NOT the inmate . - Request slips not reviewed by the Unit Supervisor , Security Lieutenant , or CC/CM will be returned to you.

TO: U-nit Supervisor, Security Lieutenant, or CC/CM _ FROM : QL Last Name -

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- DEPARTMENT OF- CORRECTIONS STATE OF NEW HAMPSHIRE P.O. Box 14 CONCORD 03301
JEANNE SHAHEEN GOVERNOR

- GRIEVANCE FORM
(See Reverse for Instructions)

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HENRY RISLEY COMMISSONER

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3. Brief Description of Grievance:
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You will be penalized if statements are untrue . Use Attach'ments if necadssary. TO: DIRECTOR (Warden) Date of Director's Action:

Director's Action:

Authentication: ------ ----------------------------------------TO : COMMISSIONER

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Date of Commissioner 's Action:

Commissioner's Action:

Authentication: FORWARD ALL THREE COPIES . WHITE WILL BE FILED IN OFFENDER RECORD , CANARY TO RESPONDER AND PINK TO GRIEVANT. SP-52

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NH DEPARTMENT OF CORRECTIONS POLICY AND PROCEDURE DIRECTIVE

CHAPTER

Resident Programming 7.17

STATEMENT NUMBER

SUBJECT!

RELIGIOUS PROGRAMMING (RSA 622:22/23 ) AND DIETS John Sanl `ilpo^ Warden
um0 ylHe

EFFECTIVE DATE REVIEW DATE

07 115i06 _ 10/15i07
7.17 & 7.I(split)

1

PROPONENT:

SUPERCEDES PPD#

Commissioner's Office
Ojce

271-8016
Phone #

DATED

09/01/01; 01;15/00

ISSUING OFFICER:

DIRECTOR'S INITIALS

DATE
APPENDIX ATTACHED:
WUl ain Wrenn , Comlnrssroner

7/2. /76

YES

NO

REFERENCE NO:

See reference section on last page of PPD.

1.

PURPOSE :
To establish - uidelines for developing and operating religious programs and diets for the Department of Corrections.

11.

APPLICABILITY :
To all inmates , staff and especially to the Chaplain and volunteers who are involved in the management andior operation of religious programming and diets.

III

DEFINITIONS : As used in this document, the following definitions shall apply: Religious Activity : An activity conducted by or under the auspices of the Chaplain and A. designed specifically for worship , instruction , spiritual guidance or counseling.
B. Religious Property : Religious property consists of items listed in attachment 3 that are approved as inmate property because of their membership in, a recognized religion, Items may be added or deleted from the list after review and recommendation by the Religious Review Committee and approval of the Commissioner,

C.

Religious Review Committee: A committee made up of the.Institutions' Chiefs of Security, Program Administrators , Department Legal Counsel and Chaplains that meet twice a year to consider and make recommendations to the Commissioner regarding additions and deletions from the authorized Religious Property List and the introduction of new religious components to the department religious services program.
Recognized Faith Group : A religion, religious denomination, or sect supported by iiteiature stating religious principles and recognized by a group of persons who share common ethical, moral or intellectual views which are not defamatory, racial, political or derisive in nature. Ap roved Religious Volunteer Religious volunteer who has met all institutional application requirements and has obtained volunteer training.

1),

E.

PPD

7.17

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2.

C.

Inmates may ask to see the Chaplain at any time. Chaplains shall respond to these requests from inmates as promptly as possible, consistent with the urgency of the request. 3. The Chaplain shall assist inmates as appropriate concerning death or serious illness in an inmate 's family in accordance with PPD 7.05 (Family Crisis Visits/Funeral Attendance) . Chapel Activities Whenever possible, Chapel activities shall be held in a Chapel or other suitable space. Chapel activities shall be performed in compliance with the following: i. Attendance shall be voluntary, All inmates in the regular population are free to attend; 2. 3. The Chaplain or approved religious volunteer shall a. Deliver a clear and understandable message to the inmates in English (while other languages may be spoken , the DOC is only obligated to provide the message in Englis h); b. Provide an appropriate learning or worship atmosphere; c. Not provide, provoke, or invite criticism of any religious, racial, ethnic, or other groups.

d. Shall not proselytize.
The Chaplain shall coordinate religious programs within the institutional activities schedule. 5. The Chaplain shall plan services in coordination with other activities, to avoid scheduling conflicts , as security concerns allow. Baptis Communion & Other Sacramental Rituals 1. Baptismal services may be conducted in the institution. Communion services may be conducted on a regular basis. 2. 3. Other sacramental rituals may be conducted as appropriate. Reli ious Education The Chaplain and Program Administrator shall develop, conduct and/or oversee a program of religious education. The Chaplain shall submit proposed programs to the Warden/Director for review and approval. The program may include the following activities: i. Religious classes (lectures, instruction, discussions); Religious forums; 2. 3. Prayer therapy groups; 4. Religious choirs, ensembles, singing groups; Self-study courses. 5. 6. Religious group counseling; 7. Spiritual maturity groups; 8. Instruction in doctrines, rituals and ideals of various religious faiths; 9. Religious functions by-approved, outside groups. 4.

D.

F.

Needs Assessment

The Chaplain shall monitor the changing religious needs of the iamate population. Assessments together with suggested changes shall be referred to the Warden /Director for consideration. . G. S p ecial Reli ious Needs 1. Inmates shall have access to religious publications of their faith. The Chaplain shall periodically review all religious literature entering the institution . Inmates may make arrangements with a Chaplain to obtain personal copies of certain approved religious books and periodicals . All books and publications so retained must be in compliance with the rules and regulations regarding personal property. The institution recognizes that certain religious faiths impose dietary restrictions upon ()l^ ^^1111 their members , therefore , it shall be the policy of the institution to provide each inmate with the opportunit to satisfy rinium dietary requirements of their religious faitl if these activities do not eopardize the security of the institution.

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TV.

POLICY : It is the policy of the Department of Corrections that:
A. All inmates shall have access to religious resources, services, instruction or counseling on a voluntary basis. Inmates shall be informed of opportunities available in religious programming on a continuing basis . The institutions will provide all inmates with the opportunity to pursue any recognized belief or practice, subject to the restrictions of their custody level. To obtain additional property or dietary privileges associated with a particular religion or to attend special events for a particular religion, an imnate must declare a preference for that religion, demonstrate a sincerely held religious belief, and obtain a Religious Preference Card from the Chaplain. Once an inmate receives a Religious Preference Card for a particular religion , the inmate must wait at least six months before switching to a different one. AU inmates may attend any and all scheduled religious services (as found on each institution ' s chapel schedule ), but no inmate may possess more than one Religious Preference Card at a time. The Administrator of Programs and the Institutional Chaplain shall monitor programming on a continuing basis to ensure adequacy of programs. The institution provides facilities necessary for the operation of religious programming for inmates. The institution makes available civilian clerical staff to assist Chaplains in handling confidential material, Shaving Waivers: Inmates declaring membership in recognized faith groups, and demonstrating a sincerely held religious belief in which the growing of facial hair is of religious significance may request a shaving waiver . If approved , the shaving waiver allows an inmate to maintain a 118-inch neatly trimmed beard . No sculpting , shaping or selective shaving is allowed; all facial hair must be trimrued equally. If an inmate with a shaving waiver is found to have shaped his beard, he must shave cleaa and start again . Abuse of the shaving waiver guidelines may result in revocation of the shaving waiver. Violations of the shaving waiver will be reported to the appropriate Unit Manager who will determine what action will be taken. The institution shall extend to all inmates the greatest amount of freedom and opportunity for pursuing any recognized religious belief or practice. This shall be accomplished within the boundaries of security, safety, discipline and the orderly operation of the institution. Inmates requesting the introduction of a new recognized faith group to the religious services program shall provide the Chaplain a comprehensive response to each of the questions on attachment 4 of this PPD. The Chaplain will bring the request to the Religious Review Committee at the next scheduled meeting for consideration and a recommendation to the Commissioner 's Office.

B. C.

D.

E.

F.

0.

Requests for chan ges in the allowed religious personal or group property, or additions of new (to the i nstitution) practices must be submitted in writing with a justification for consideration by the Religious Review Committee. This will be reviewed and forwarded to the Commissioner 's Office with recommendations . This process may take up to 180 days. Religious Diets shall be available to those inmates who demonstrate religious dietary requirements in writing . The Religious diet list will be updated as changes occur.

V.

PROCEDURES : A. RecMion Procedure Inmates are given the opportunity to declare a religious preference during the intake process. In reception, inmates are issued an Inmate Manual, which contains information about the Chapel Program and religious opportunities available to them. B. Pastoral. Counseling
1. Chaplains shall interview inmates referred to them by institutional personnel. Personnel making such requests shall provide the Chaplain with sufficient information relative to the inmate that the Chaplain may proceed with counseling in an appropriate manner.

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a. b. c.

Inmates will use the application (attachment 2) when requesting a religious diet. There are three diets provided by the department: they include kosher;

vegetarian ; and vegetarian , no egg . ("Vegetarian" means no meat/flesh)
When the chaplain reccives an application and verifies a request for a diet as being based upon a sincerely held religious belieiy the diet will be ordered using attachment 1. When there is a belief that an inmate receiving a religious diet has consumed or been in possession of food items that violate their approved religious diet the information upon which the belief is based will be forwarded to the inmate ' s U t Ma g er . The Unit Manager will review the information , interview the inmate and determine if the inmate knowingly violated the religious diet. In cases where the inmate violated the diet and er will the unit manager believes the act was intentional the unit

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suspend the inmates religious diet for six months . At the inmate may re-apply for the diet. traa

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All requests for special events that require services or specific food should be submitted in writing to the Chaplain at least sixty (60) days prior to the requested observance.

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Diets shall be coordinated in advance between the Chaplain, the Food Service Director and the Dietician to ensure that food appropriate to the requested diet is available.
Religious diets will be prepared and provided to The Special Housing Unit and Secure Psychiatric Unit according to the approved religious diet.

When an inmate wishes to change to a religion that requires a specific diet they must consult with the Prison Chaplain and practice their newly acquired religion for a period of up to six months. After a successful trial period, the Chaplain will order the diet.

3.

4.

Religious apparel, such as head coverings and religious medallions may be worn in accordance with institutional security requirements and this policy. Items that have been authorized to be stored in the inmate's living area will be kept in an authorized clear plastic box with the lid on whenever the item is not specifically in use. The inmate's last name only will be written in 1" plain block letters on the bottom of the box. There will be no other writing or decoration on the box whatsoever. This includes religious symbols. Other personal items designated for storage in the group locker will be stored as directed by the Chaplain. The use of wine for religious purposes will be limited to ceremonial or ritual functions where the Religious Volunteer or Chaplain shall be the only person permitted to actually consume the wine for the ceremony. a. The Religious Volunteer shall be a duly authorized member of the clergy with rights and privileges granted by an ordaining authority. The use of wine for religious purposes shall be restricted to use solely for those b. religious rituals and ceremonies that are historically documented to require wine as a part of the ritual or ceremony. The wine shall not be stored at the institution, but shall be brought in c. immediately before the religious ritual or ceremony requiring the presence or consumption of the wine. No amount of wine is to be consumed by any inmate at any time. d. Any amount of wine that is not consumed by the Religious Volunteer or Chaplain official shall be removed from the institution immediately after the religious ritual or ceremony. e. The amount of wine brought into an institution at one time cannot exceed two (2) ounces. f. The facility Chaplain shall be notified in advance by the official of their intent to bring wine into the institution for use in a religious ritual or ceremony.

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g.

All items brought into or removed from the institution may be subject to search by the security personnel.

H.

Change or Establishment of Religious Preference or Faith
In order to declare a religious preference, an inmate needs to contact the institutional Chaplain and request to be recognized for that preference. An inmate who has declared a preference is not required to attend that religion's services or study group and may attend the services and study groups of any other religion. An inmate may request to be removed from the preference list of a religion at any time. When an inmate is removed from the preference list, any property in their possession for that religion will be sent out of the institution. If an inmate expresses a desire to change religious preference or faith, the Chaplain should encourage that inmate to seriously consider all implications of such a change. The inmate must initiate the conversion of record in written statement to the Chaplain (attachment 5) citing current religious designation and that affiliation under which they would like to be recorded. The Chaplain shall not attempt to influence an inmate to change religious preference or faith. Inmates are not permitted to actively recruit other inmates. As stated in Section IV A, no inmate may possess more than one Religious Preference Card, nor may inmates switch cards more often than once every six months.

1.

Specific Denominational, Church or Sectarian Activities
The Chaplain shall schedule celebration of the sacramental rituals necessary to meet minimal requirements of a given religious faith. Such arrangements may require special times or environments. When an inmate's religion requires abstinence from work or special dietary requirements on holy days and seasons, efforts shall be made to arrange work assignments and schedules to accommodate that belief. The Chaplain shall make written recommendations for work proscriptions forapproval on a case-by-case basisj This will ensure that inmates have the opportunity to participate in practices of their religious faith that are deemed essential by the faiths' judicatory, limited only by documentation showing threat to the safety of persons involved in such activity or that the activity itself disrupts order in the institution.

J.

Unauthorized Practices The following religious practices and activities are never authorized: i . Animal sacrifice

2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Language or behaviors that could reasonably be construed as a threat to safety, security or the orderly running of the institution, (e.g. curses, nudity.). Self-mutilation. Use, display or possession of weapons or what appears to be a weapon (e.g. paper sword). Paramilitary exercises Self-defense training Sexual acts Profanity Consumption of alcohol by ininates Ingestion of illegal substances Encryption Disparagement of other religions4
Standards for Adult Correctional Institutions Fourth E dition Standards 4-4319 ; 4-4517; 44520 Standards for Adult Probation and Parole Field Services Third Edition Standards

REFERENCES: Standards for the Administration of Correctional Agencies Second Edition . Standards 2-CO.5E-01 Standards for Adult Community Residential Services Fourth Edition. Standards 4-ACRS-4A-03; 5A-22 Othe' 1VH RSA 622:22/23
Attachments

SANFILIPPO/pf