Free Motion to Dismiss Case - District Court of Arizona - Arizona

esr¤—15—2eoe oe: so sooo Lees:. essuicee e a 542 424B P. a2
ARIZONA DEPARTMENT OF CORRECTIONS ` `
Office of the Division Director @»iel€’_;_l5 19 77;;%
. ~ ‘·'=, .r’
Offender Operations pggi-" _ **-2% · _
Msmonnunuivi F9 1; M li _¢o» el .
Qi A $ BQQQB ..
V is tr; e
J"/Ig- ,. gqtiigb r
To: Dora B. Schziro, Director ‘ —
Arizona Department of Corrections I -' »
mf l-
· From: Samuel Sublett, Division Direc J {WY ` `
Offender Operations , · 'l ` ·
Date: September 12, 2005 _ I \ I
Re: Draft language for changes in Department Orders 904 and 909 " l- r'
Department Order 904 requires amended language in order to be consistent with _ ,
Department Order 909. The change would be as follows: ··
904.04 1.1.4.5 When not being used in personal or group ceremony, approved religious
property items shall be stored in the-—a religious property box specifically approved for " ·
th&tpUJ‘pOS€. = == = == = = ` == ` =··· =·· = - ·= = ;=···· =· -2 AI1&pp1'0VSd I
religious property request signed bythe Chaplain listing all items, `
items, shall be posted on the outside ofthe this box. Non-religious items may not be
stored together with approved religious items in the religious property box. An ,
inmate may be required to remove the nomreligious item(s) 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. . _
[/{Approve [ ] Disapprove [ ] Return for Further Action
p / ' ¢-xi. 4: _. » lj A _
H. Schriro, Director Date
Case 2:03-cv-01350-SBB Document 110-2 Filed O9/20/2005 Page 1 of 3 ‘

SEP—15—2lZ1lZ15 l3S= 51 QDUC LEGQL. SEPUICES 61212 542 424O P. @3
W - Llullalg [\g‘[5],\,l|,|,:| J, gy;] I I,L|.\J\.II A.V;\A.l.AL\»4¤\¢ .•4••\-f'\-1\-•·\•¤¤¤ ii I
wearing of religious apparel are accommodated within the compelling interest of prison safety and W '·
security whether or not compelled by, or central to, the inmate's system of religious belief. Q J
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 ·· i
of the unit- . · ‘
1.1.2 The Senior Chaplain/Chaplain 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, I @y_a_g_d_5;t_q,ce_s, Attachment A. ·
1.1.4 An inmate who wishes to purchase religious items shall submit the request, using an Inmate Letter, to · I
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 1 I '
Pastoral Activities Administrator. ‘ . .
1.1.4.3 The Deputy Warden shall, ln consultation with the Warden, determine lf 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 Banking, the Pastoral Activities Administrator and retain a copy for
file. Denied requests shall be returned to the inmate-with a 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. If a I
source has not been identified, the inmate shall provide a source acceptable to the Pastoral
Activities Administrator, from which to obtain the item. _
1.1.4.4.1 When an approved item is unavailable for purchase through approved f- · X
sources, for example an eagle feather, the Warden, ln 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 I
shall be stored in the inmate's religious property box, with the exception of approved oversized ' -
items and undergarments. An approved religious property request signed by the Chaplain listing all
items, including oversized items, shall be posted on the outside of the box.
1..1.5 Other ceremonial use of religious items is permitted as follows: I I *
1.1.5.1 Smudging material - Smudging (smoldering herbs) by followers of religious traditions that yi .4 ·
smudge is permitted, unless specifically restricted by the custody level and security ofthe unit. The
location and time of this activity shall be determined by the Senior Chaplain and Deputy Warden.
1.1.5.2 Sacramental wine — If permitted by the religious tenets, no more than two ounces shall be l "ii" (I
allowed for use gnly by the priest, chaplain or religious leader. Inmates shall gg; p_a_l;l;_a_lg,e___qf rl .
1.1.5.3 Communion supplies - Volunteers, pastoral visitors and staff chaplains are permitted to Y
bring communion supplies for religious ceremony subject to notification and approval by the j _— _ ·
Chaplain ln consultation with the Warden/Deputy Warden. Only a sufficient supply for participants V
— — - — — — ·Case·2+G3-cv—G1350—SRB Document 110-2 Filed O9/20/2005 Page 2 013 ~~··~»=

SEP-15-221 5 @8=51 RDOC LEGAL SERUICES 6212 542 424O P.@E»
‘\"’ CHAPTER: 900 OPR: ·#
*~•ss¤¤;•! I
Ai=1iz_0nA J».
® DEPARTMENT INMATE PROGRAM AND OPS {_
OF SERVICES Q ’·
CORRECTIONS · l' .
DEPARTMENT ORDER: 909 SUPERSEDES: 1 .' .I2
DEPARTMENT ORDER MANUAL INMA TE MAIL/PROPERTYAND N/A . ·’= .
STORES , _ I .
I EFFECTIVE DATE: · I I I
N/A `,—
REVISION ·— TO BE PUBLISHED AS A REPLACEMENT PAGE II _ I
Revised. Department Order 909. Niall! Property and Stores. Attachment A, by removing the text that has·_‘ ' IQ
been struck over and adding the text In bold font. ' j _ _
RELIGIOUS ITEMS , j_


i _
S»IlJ·B\>lLS nil=s
beelcs-a £__,6‘.",“ · \
RELIGIOUS items use in the practice I
of the inmates chosen religion, not posing a reat to the safe. ¥ . I
secure and orderly operation of the instit on, with all Items · ,
capable ofbelng stored within theinmate' roperty boxa-9Lx * ·= =· " =-s _ = = =I»= -· - =- - I ·= =·== ===- ‘-r
- e ze e -:.~ - —: ::..:..:· .- ze e . .:=—: ::
-·= --·= == = = ·=-= =*·= ·=· =·= ·= == -=·'=r=·==
These are SiFQ·Ftl-E-APPROVED Current policy does not llmlt the number of Items an Inmate
VENDOR PURCHASE ONLY items, with the exception of any may possess. However, all Items
item not appropriate for store vendor purchase (e.g.. eagle requirement must collectively tit In the lnmate's property · ‘
feather, receipt or possession of which is llmlted to enrolled boxes deserlbedand be stored In the box when notlhuse. _
members of tribes recognized by the Bureau of Indian Affairs and L Qu.;)
may require a permit from the U.S. Fish and Wildlife Service.) A W
,, list of approved items shall be maintained in the Pastoral
Activities Administrators office. with an updated llst distributed
·· = · · to all institutions as u dates occur.
Dora B. Schriro
Director _ ·
case 2:03-cv-01350-SRB Document 110-2 Filed O9/20/2005 Page 3 ¤rT§T"L '°·”6

Case 2:03-cv-01350-SRB

Document 110-2

Filed 09/20/2005

Page 1 of 3

Case 2:03-cv-01350-SRB

Document 110-2

Filed 09/20/2005

Page 2 of 3

Case 2:03-cv-01350-SRB

Document 110-2

Filed 09/20/2005

Page 3 of 3