Section 3213 - Stipulations Regarding Ceremonial Drink, Religious Items, and Sanctuaries(a) Prior written approval of the institution head or their designee shall be required for any person to bring a ceremonial drink, such as sacramental wine, or any religious item into a facility.(b) An incarcerated person may possess any religious item authorized in the Religious Personal Property Matrix (RPPM) (Rev. 6/27/13), which is incorporated by reference in subsection 3190(b). As defined in the RPPM, and subject to reasonable search by staff, an incarcerated person may wear or carry at any time, the following: beaded headband, beaded wrist band, beaded choker, religious medallion and chain, religious headgear, medicine bag, prayer beads, and tallit katan/tsitsit.(c) Medicine bags shall be constructed of soft leather or other natural material without a lining and shall not exceed 2 x 3 inches in diameter. The bag shall be constructed to be closed with a drawstring. During a search of an incarcerated person's medicine bag, the incarcerated person shall empty the medicine bag of its contents in the presence of staff. Staff shall then visually inspect the medicine bag and its contents for contraband. Any contraband items that are found shall be disposed of in accordance with subsection 3191(c). The incarcerated person shall return any non-contraband items into the medicine bag.(d) Except as specified in subsection 3213(c), all religious items shall be subject to reasonable searches by staff.(e) The institution head or designee retains the authority to remove or restrict use of an approved religious item in accordance with subsection 3006(d), based on a serious threat to facility security or to the safety of incarcerated persons and staff, and to the degree necessary to eliminate the threat. The removal or restriction may continue for a period of up to 30 calendar days and shall be documented on a CDC Form 128-A (Rev. 4/74), Custodial Counseling Chrono, pursuant to section 3312. Removal or restriction of an approved religious item for longer than 30 calendar days shall require approval by the Associate Director of the Statewide Religious Review Committee (SRRC), as defined in section 3000. At the end of the removal or restriction period, either of the following will occur: (1) If the Associate Director of the SRRC does not approve an extension, the restriction shall be lifted and the item(s) shall be returned to the incarcerated person and documented on the CDC Form 128-A.(2) If the Associate Director of the SRRC does approve an extension, the restriction will continue, and the issue sent for review to the SRRC to determine the appropriate response or restriction.(f) Sanctuaries (e.g., chapels), Native American Sweat Lodge Grounds, Outdoor Religious Grounds, and other areas designated for religious use shall be subject to reasonable searches by staff.Cal. Code Regs. Tit. 15, § 3213
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code; and Section 1996, Title 42, United States Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code; and Section 1996, Title 42, United States Code.
1. Amendment of section heading, repealer of text, and new subsections (a)-(d) and Note filed 11-1-93; operative 12-1-93 (Register 93, No. 45).
2. Amendment of section heading and subsections (a)(1)-(c) filed 2-21-2013 as an emergency; operative 2-21-2013 (Register 2013, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-31-2013 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section heading and subsections (a)(1)-(c) refiled 7-29-2013 as an emergency; operative 7-29-2013 (Register 2013, No. 31). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-28-2013 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-29-2013 order transmitted to OAL 10-24-2013 and filed 12-9-2013 (Register 2013, No. 50).
5. Amendment of section heading and section filed 5-11-2016; operative 7/1/2016 (Register 2016, No. 20).
6. Amendment of subsection (f) filed 8-13-2018; operative 10/1/2018 (Register 2018, No. 33).
7. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).