Current through Register 1527, August 2, 2024
Section 471.08 - Range of Religious Activities and Services(1)General Policy. Each institution shall make reasonable efforts to establish and maintain religious activities and services for all inmates who are affiliated, or wish to become affiliated, with recognized religious denominations or groups. Approved religious practice and property items for recognized religious denominations or groups are listed in the Religious Services Handbook.(2)Clergy Services. The Superintendent, or designee, and the Institution Chaplains, should make reasonable efforts to ensure that an accredited representative of an inmate's religious faith is available to provide formal or informal services to inmates who so request wherever the inmate is confined within the institution.(3)Religious Groups. Recognized religious groups or denominations are listed in the Religious Services Handbook. An inmate who is affiliated with, and wishes to participate in, a recognized religious group not currently functioning at an institution, should comply with the procedures outlined in 103 CMR 471.09.(4)Religious Activities. Each religious group is encouraged to plan its own activities, using the appropriate community and institution resources. Religious activities include, but are not limited to: worship, interfaith services, religious instruction, reading and study, religious discussion groups, and pastoral counseling.(5)Special Religious Diets. (a) Inmates whose religion places restrictions on diets should be permitted access to a special religious diet. However, in limited situations where the institution/Department is not able to meet all aspects of a special religious diet request due to security and/or facility limitations, the institution shall make every effort to provide a reasonable accommodation to the diet request. Requests for special religious diets shall be initiated by interested inmates, using the Special Diet Request Form, which is available in all inmate libraries. The form shall be submitted to the Superintendent's designee. To ensure continuity of an inmate's special religious diet upon transfer to another facility, the information shall be entered into the designated IMS screen. An inmate's abuse of an approved special religious diet may result in his or her removal from a special religious diet.(b) Where religious holidays specify particular dietary requirements (e.g., Passover, month of Ramadan), special arrangements should be made so that inmates are able to adhere to their religious beliefs.(6)Facilities for Services. Adequate space and equipment shall be provided for the conduct and administration of religious programs. Recognized religious denominations or groups shall be provided a place for services. Based on security needs, the size of groups at services may be restricted by the Superintendent or designee.(7)Scheduling. Institution Chaplains shall post religious program and service schedules in appropriate housing units to keep inmates and staff informed of religious programs and services.(8)Special Services. Special religious services may be scheduled with visitors and inmates with approval of the Superintendent.(9)Religious Publications. Inmates may have access to approved religious books, magazines, and newspapers as set forth in 103 CMR 403.00: Inmate Property, and 481.00: Inmate Mail. Inmates shall not have direct access to the Internet to order religious books.(10)Inmate Requests for Religious Practices, Programs, Groups or Items Not Currently Approved. An inmate who requests to participate in a religious practice, program or group not currently approved, or who requests to possess a religious item not approved in the Religious Services Handbook or in 103 CMR 403.00: Inmate Property, shall: (a) Submit a written request, using the Inmate Religious Services Request Form to the Superintendent's designee. Inmate Religious Services Request Forms shall be available to all inmates in the inmate library. This process, as set forth herein, shall be the sole means/mechanism by which an inmate may seek a religious practice, program, group or religious item not otherwise approved.(b) The Superintendent's designee shall acknowledge receipt of the request, by providing a dated copy of the completed request form to the inmate. The Superintendent's designee shall forward the request to the Superintendent within ten business days.(c) The Superintendent shall determine whether the request may be reasonably accommodated in light of the institution's available resources and security level, and, based on that determination, shall recommend approval, an alternative, or recommend denial of the request to the Religious Services Review Committee within ten business days.(d) The Religious Services Review Committee shall review the inmate's request, and the Superintendent's recommendation, and then shall approve, modify, or deny the request within 60 business days of receipt. The Religious Services Review Committee has the discretion to extend the time in which to issue a decision, if additional information about the practice, program, group or item is required. The Religious Services Review Committee may also determine that a reasonable alternative will serve to satisfy the request.(e) The Director of Program Services shall provide the Superintendent with written notification of the Religious Services Review Committee's decision. The Superintendent shall ensure that the written notification is provided to the inmate and that the date served is documented. If the request is denied, the notification shall include the reasons for denial. Denied requests shall inform the inmate of his or her right to appeal.(f) An inmate whose request has been denied may appeal to the Commissioner or designee. The original request must accompany the appeal. The appeal must be filed within ten business days from receipt of the Religious Services Review Committee's decision.(g) The Commissioner or designee shall have 30 business days in which to uphold, modify, or overturn the decision of the Religious Services Review Committee and shall inform the inmate, Superintendent and Religious Services Review Committee, in writing, of the final decision on the inmate's request.(h) The appeal mechanisms set forth in 103 CMR 471.08(10) shall be the exclusive administrative remedies by which to appeal from an adverse decision regarding inmate requests for religious practices, programs, groups or items.Amended by Mass Register Issue 1334, eff. 3/10/2017.