Section 30261 - Religious Services to Wards(a) The Department recognizes the inherent right of individuals to exercise their constitutional rights to hold religious convictions and practice religion. The Department shall ensure all wards are afforded the reasonable opportunity to participate in religious services and programs as provided in these regulations. The exercise of religious freedom without discrimination, harassment, or preference is guaranteed unless such is inconsistent with the safety and/or security of the facility or promotes violence or illegal acts.(b) The Department shall not place a substantial restriction on a ward's exercise of religion unless the exercise is inconsistent with a compelling governmental interest (including safety and/or security interests) or promotes violence or illegal acts. The Department shall document what alternatives were considered and allow the least restrictive means that does not violate the above standard.(c) If religious services of a ward's faith are not available in the facility, the chaplains shall make a good faith effort to facilitate services or counseling with a faith group leader or volunteer representative of the ward's faith.(d) The facility superintendent shall provide all wards access to religious services and/or alternate religious services at least once a week.(1) Each ward shall have the opportunity to attend one religious service per week of his or her choice.(2) Wards may be restricted from attending religious services for the following reasons only: (A) Ward is on Temporary Detention.(B) Ward is assigned to a Special Management Program.(C) Ward is on Administrative Lockdown.(D) Ward or group of wards presents a safety and/or security risk to a religious service, as determined and documented by staff.(3) Wards restricted or otherwise unable to attend a religious service shall be provided access to a chaplain/faith group leader for alternate religious services.(4) If there is a limit to the number of wards who can attend a religious service due to lack of room capacity or for security reasons, priority shall be given to wards of the designated faith group; however, additional or alternate services shall be held to accommodate all wards who requested to attend.(e) Each ward shall have the opportunity to explore other faith groups by attending religious programs of any religious faith group, regardless of his/her designated religious faith group.(f) A ward may be restricted from attending religious programs for the following reasons: (1) Ward is on Temporary Detention.(2) Ward is assigned to a Special Management Program.(3) Ward is on Administrative Lockdown.(4) Staff, with a manager's approval, determine that the ward or group of wards presents a safety and/or security risk to a religious program.(g) A ward may also be restricted from attending a religious program for the following reasons; however, whenever practical, a reasonable good faith attempt should be made to schedule the below events to not conflict with religious programs: (1) Serving Disciplinary Decision-Making System (DDMS) room restrictions.(2) Attending mandated treatment groups.(3) Attending Case Conference.(4) Attending Institutional Classification Committee hearings.(5) Attending Youth Authority Board hearings.(6) Conflict with assigned school classes.(h) Restriction of wards from religious programs will not be based on poor program performance on the living unit, academic areas, or because of status or phase in a program.(i) The Department shall allow wards to exercise their constitutional religious rights and to express their religious tenets and personal religious convictions through: (1) The observance of religious holy days(3) Personal Property (A) Wards may wear one cross, or one medallion or one medicine bag at all times underneath his/her garment. Wards who wish to wear or carry other artifacts will only be allowed to do so when going to or from religious services and programs.(B) All religious artifacts/materials shall be subject to search by staff.(C) Wards who choose to wear a medicine bag must adhere to the following security guidelines:1. Medicine bags shall not be sewn closed in order to facilitate searches.2. Searches of medicine bags shall be accomplished by having the ward turn the bag inside out in the presence of staff and pouring the contents into her/her hands.(5) Diet (A) Any ward that requests a religious diet shall be responsible for informing the facility chaplain (or religious representative of his/her faith) in writing.(B) Each facility shall make reasonable efforts to accommodate those wards that require religious diets.(C) Religious diets shall be nutritionally adequate when certain foods are excluded by a ward because of his/her religious dietary restrictions.(D) A ward must remain on a religious diet for a minimum of 30 days due to administrative and purchasing constraints.(6) Rights set forth in subdivision (i)(1) through (5) above are subject to limitations if inconsistent with the safety and/or security of the facility or promotes violence or illegal acts.(j) The Department shall restrict the following religious practices and activities: (1) Activities that advocate racial purity or violence or illegal activities as a means of achieving that goal.(4) Consumption of alcohol(6) Ingestion of illegal substances(8) Paramilitary exercises(10) Racially inflammatory activities that are reasonably likely to cause violence at the facility(11) Self defense training(14) Use or display of weapons(15) Possession of any incendiary devices, i.e. matches, fuel(16) Any act or practice that is inconsistent with the safety and/or security of the facility or promotes violence or illegal acts.(k) When placing a restriction on a ward's religious exercise, the Department shall document what alternative accommodations were considered. In addition the ward's preferred option shall be allowed when not inconsistent with the safety and security of the facility.(l) Chaplains, religious leaders, religious volunteers, staff, members of the community or wards may not proselytize (i.e., initiate unsolicited, unwanted, or forceful attempts to persuade another individual to convert from one religious belief to another).Cal. Code Regs. Tit. 9, § 30261
1. Change without regulatory effect renumbering title 15, section 4750.1 to title 9, section 30261 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7). Note: Authority cited: Sections 1002, 1004, 1712 and 1752, Welfare and Institutions Code. Reference: Sections 1004, 1705 and 1752, Welfare and Institutions Code; Section 4, Article I, California Constitution; and Bill of Rights, Amendment I, United States Constitution.
1. Change without regulatory effect renumbering title 15, section 4750.1 to title 9, section 30261 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).