Free Response to Motion - District Court of Arizona - Arizona

Case 2:03-cv-02150-SRB-I\/IEA Document 156-2 Filed O9/18/2006 Page1 0f3

CHAPTER: 900 — INMATE PROGRAMS AND SERVICES I -
DEPARTMENT DRDER: 904 · INMATE RELIGIOUS ACTIVITIESIMARRIAGE REQUESTS
1.1.1.2 Ensure that inmates who follow faith systems requiring special »
observances and/or the wearing of religious apparel are
accommodated within the compelling interest of prison safety
and security whether or not compelled by, or central to, the
inmate's system of religious belief.
1.1 .1.3 Ensure that inmates are not denied access to religious items or
opportunities as part of the sanctions of disciplinary isolation,
unless specifically restricted by the custody level and security
of the unit.
1 .1.2 The Senior ChaplainfChaplain shall contact the Pastoral Activities Administrator
regarding appropriate religious publications and materials, special religious diets
or other special requirements of an inmate's faith system in the event such
issues need clarification.
1.1.3 Inmates shall be authorized to possess religious property consistent with the
practices of the inmate's chosen religion, as outlined in Department Order
#909, Inmate IVlaili'Property and Stores, Attachment A.
1.1.4 An inmate who wishes to purchase religious items shall submit the request,
using an inmate Letter, to the Senior Chaplain, which shall include the size and
description of the item requested and shall list all previously approved items
in their possession.
1.1.4.1 The Senior Chaplain shall verify the inmate's religious preference,
determine if the requested item is on the approved items list,
approve or deny the request and forward it to the Deputy
Warden.
1.1.4.2 Requested items not on the current approved items list shall
require approval from the Pastoral Activities Administrator.
1.1.4.3 The Deputy Warden shall, in consultation with the Warden,
determine if there are any compelling interests supporting denial
of the request and approve or deny the request. The Deputy _
Warden shall return the request to the Senior Chaplain who shall
return the request to the inmate and distribute copies to Inmate Q
Banking, the Pastoral Activities Administrator and retain a copy
for file. Denied requests shall be returned to the inmate with a E
written explanation for the denial.
1-.1.4.4 Staff assigned to inmate Banking shall accept and process orders
for approved items from approved sources on a list published
and distributed by the Pastoral Activities Administrator. lf a l
source has not been identified, the inmate shall provide a source {
acceptable to the Pastoral Activities Administrator, from which
to obtain the item. i
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INMATE RELIGIOUS ACTIVITIESIMARRIAGE REQUESTS JULY 11, 2005 904 - PAGE 5 E
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DEPARTMENT OFIDEFI: 904 - INMATE RELIGIOUS ACTIVITIESJMARHIAGE REQUESTS
1.1.4.4.1 When an approved item is unavailable for
__ purchase through approved sources, for
—i example an eagle feather, the Warden, in
consultation with the Pastoral Activities
Administrator, shall determine the method for
obtaining the item.
1.1.4.5 When not being used in personal or group ceremony, approved
religious property items shall be stored in a religious property box
specifically approved for that purpose. An approved religious
property requestsigned by the Chaplain listing all items shall be
posted on the outside of this box. Non-religious items may not
be stored together with approved religious items in the religious
property box. Ah inmate may be required to remove the non-
“ religious itemlsl from the religious box and store those items in
another approved location. Disciplinary Reports for combined
storage of religious and non-religious items may be issued at the
discretion of a supervisor.
1.1.5 Other ceremonial use of religious items is permitted as follows:
1.1.5.1 Smudging materiel — Smudging (smoldering herbs) by followers of
religious traditions that smudge is permitted, unless specifically
restricted by the custody level and security of the unit. The location
and time of this activity shall be determined by the Senior Chaplain
and Deputy Warden.
r 1.1.5.2 Sacramental wine - if permitted by the religious tenets, no more than
two ounces shall be allowed for use @y by the priest, chaplain or
religious leader. Inmates shall not partake of sacramental wine.
1.1.5.3 Communion supplies · Volunteers, pastoral visitors and staff
chaplains are permitted to bring communion supplies for religious
ceremony subject to notification and approval by the Chaplain in
consultation with the WardenfDeputy Warden. Only a sufficient
supply for participants in scheduled services shall be authorized and
any remaining supply must be removed from the facility when the
volunteer/visitor departs.
1.1.5.4 Other ceremonial items · Other requested supplieslitems may be
authorized for group ceremony by the Senior Chaplain after
oonsultationiapproval from the Pastoral Activities Administrator and
the WardenfDeputy Warden.
1.2 Reguests for Work Abstinence - inmates may request to be excused from work on
specified holy days documented as "no—worl<" days for the religion in question.
1.2.1 inmates who request to abstain from work shall remain in their cells or
_ dormitory on the requested days, and further refrain from recreation activities,
phone calls, shopping at the inmate commissary, etc. However, when directed
· by staff, inmates may leave their cell or dormitory to accomplish routine
institutional practices such as showers and meals.
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