GENERAL RULE - No government shall impose a substantial burden on the religious exercise of person residing in or confined to an institution, as defined in section 2 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997), even if the burden results from a rule of general applicability, unless the government demonstrates that the 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.

DEFINITION of "Religious Exercise" - …includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.

ACA STANDARDS FOR ADULT CORRECTIONAL INSITUTIONS
(From Fourth Edition; See actual publication for additional comments)

Part 5: Inmate Programs, Section F: Religious Programs
Principle: A written body of policy and procedure governs the institution's religious programs for inmates, including program coordination and supervision, opportunities to practice the requirements of one's faith, and use of community resources.

4-4512 (Ref. 3-4454) There is qualified chaplain (or chaplains) with minimum qualifications of (1) clinical pastoral education or equivalent specialized training and (2) endorsement by the appropriate religious certifying body. The chaplain assures equal status and protection for all religions.

4-4513 (Ref. 3-4455) In facilities with an average daily population of 500 or more inmates, there is a full-time chaplain (or chaplains). In facilities with less than 500 inmates, adequate religious staffing is available.

4-4514 (Ref. 3-4456) The chaplain plans, directs, and coordinates all aspects of the religious program, including approval and training of both lay and clergy volunteers from faiths represented by the inmate population. [Comment includes "ensuring that all inmates can voluntarily exercise their constitutional right to religious freedom".]

4-4515 (Ref. 3-4457) The chaplain has physical access to all areas of the institution to minister to inmates and staff.

4-4516 (Ref. 3-4458) The chaplain or designated religious staff develops and maintains close relationships with community religious resources. [Comment includes "delivery of appropriate religious services on special religious holidays or, as needed to meet the requirements of the diversity of religious faiths among inmates".]

4-4517 (Ref. 3-4459) Written policy, procedure, and practice provide that inmates have the opportunity to participate in practices of their religious faith that are deemed essential by the faith's 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. [Lengthy Comment includes listing of religious practices and reference to "determining what constitutes legitimate religious practices".]

4-4518 (Ref. 3-4460) Representatives of all faith groups are available to inmates.

4-4519 (Ref. 3-4460) When a religious leader of an inmate's faith is not represented through the chaplaincy staff or volunteers, the chaplain assists the inmate in contacting a person who has the appropriate credentials from the faith judicatory. That person ministers to the inmate under the supervision of the chaplain. [Comment allows for "designated regular times, with provisions for emergency visits".]

Religious Facilities and Equipment

4-4520 (Ref. 3-4462) Written policy, procedure, and practice require that the institution provide space and equipment adequate for the conduct and administration of religious programs. The institution makes available noninmate clerical staff for confidential material. [Comment includes "sufficient space", etc.]

4-4521 (Ref. 3-4463) The chaplain, in cooperation with the institutional administrator or designee, develops and maintains communications with faith communities and approves donations of equipment or materials for the use in religious programs. [Comment includes "helps avoid the accumulation of duplicate or inappropriate materials".]

Additional References to Religious Programs [bold emphasis added]:

Part 4: Institutional Services, Section F: Social Services
Principle: The institution makes available the professional services necessary to meet the identified needs of inmates. Such services may include individual and family counseling, family planning, and parent education, and programs for inmates with drug and alcohol addiction problems.

4-4429 (Ref. 3-4380-1) Written policy, procedure, and practice prohibit discrimination on the basis of disability in the provision of services, programs, and activities administered for program beneficiaries and participants. [Comment includes "religious programs" in services, programs and activities.]

4-4430 (Ref. 3-4381) Written policy, procedure, and practice provide that institutional staff identify at least annually the needs of the inmate population to ensure that necessary programs and services are available, including programs and services to meet the needs of inmates with specific types of problems. [Comment includes "religious" in programs and services.]

Reception and Orientation

4-4287 (Ref. 3-4274) There is a program for inmates during the reception period. [Comment includes "be permitted to attend religious services".]

Part 1: Administration and Management, Section C: Personnel
Principle: A written body of policy and procedure establishes the institution's staffing, recruiting, promotion, benefits, and review procedure for employees.

Staffing Requirements

4-4050 (Ref. 3-4050) The staffing requirements for all categories of personnel are determined on an ongoing basis to ensure that inmates have access to staff, programs, and services. [Comment includes "religious programs" in staffing requirements.]

Part 3: Institutional Programs, Access to Programs and Services

4-4277 (Ref. 3-4265) Written policy, procedure, and practice prohibit discrimination based on an inmate's race, religion, national origin, sex, disability, or political views in making administrative decisions and in providing access to programs. [Comment includes "Inmates should be assured equal opportunities to participate".]

Part 3: Institutional Operations: Administrative Segregation/Protective Custody

4-4273 (Ref. 3-4261) Written policy, procedure, and practice provide that inmates in administrative segregation and protective custody have access to programs and services that include, but are not limited to, the following: educational services, commissary services, library services, social services, counseling services, religious guidance, and recreational programs.

Section C: Food Service

4-4319 (Ref. 3-4300) Written policy, procedure, and practice provide for special diets for inmates whose religious beliefs require the adherence to religious dietary laws. [Comment includes "Religious diets should be approved by the chaplain".]