Md. Code Regs. 12.03.02.03

Current through Register Vol. 51, No. 11, May 31, 2024

Section 12.03.02.03 - Religious Diet Program - General

A. The Department shall make reasonable accommodations to provide inmates in each correctional facility under the Department's authority with dietary options that meet accepted religious dietary requirements.

B. The Department's Religious Diet Program (RDP) consists of the following two meal platforms:

(1) The Halal diet that shall be offered to an inmate who has designated the inmate's religious faith as one of the following Islamic faith groups:

(a) Shi 'ite;

(b) Sunni;

(c) Nation of Islam (all recognized groups);

(d) Moorish Science Temple (all recognized groups); or

(e) Other recognized religions that have the same basic tenets that require the Halal diet; and

(2) The Kosher diet that shall be offered to an inmate who has designated the inmate's religious faith as one of the following faith groups:

(a) Jewish;

(b) House of Yahweh;

(c) Assemblies of Yahweh;

(d) Messianic Jewish;

(e) Hebrew Israelites; or

(f) Other recognized religions that have the same basic tenets that require the Kosher diet.

C. In October of each calendar year, the facility chaplain, or a designee, shall:

(1) Prepare an annual religious services plan for the next calendar year (January - December);

(2) Include in the religious services plan the dates for high religious observance, seasonal observances, fasting periods, and programs for each recognized faith group that requires a special ceremonial diet; and

(3) Distribute the annual religious services plan to the facility's managing official, or a designee.

D. The Director of Food Service, or a designee, shall:

(1) Ensure that the RDP dietary platforms are certified by an appropriate authority;

(2) Ensure that the RDP meets or exceeds minimum daily nutritional requirements established and approved by the Academy of Nutrition and Dietetics as they relate to food service in a correctional facility;

(3) Provide correctional dietary managers with a copy of the RDP menu, as well as announcements, updates, and changes to ensure that the RDP maintains compliance with both religious and nutritional dietary requirements;

(4) Ensure that correctional dietary managers and food service contractors are adhering to RDP requirements regarding the use of designated Kosher emblem tape; and

(5) Ensure that a correctional dietary manager does not alter the RDP menu except where seasonal availability of fresh produce or unexpected unavailability of canned or frozen food items warrants acceptable substitution, as follows:

(a) A correctional dietary manager may make temporary nutritionally equal substitutions based on the availability of seasonal produce; and

(b) Substitutions for the RDP shall be in accordance with the Department's Dietary Program.

E. An inmate:

(1) May abstain from regularly offered food items that the inmate believes to be prohibited by the inmate's religion; and

(2) Abstaining from certain food items under §E(1) of this regulation may:

(a) Still achieve a balanced diet by eating food items that are not prohibited by religious beliefs that are being offered to the inmate population;

(b) Not be served pork, pork items, and foods prepared with pork renderings; and

(c) Choose to participate in the master cycle meat menu or the lacto-ovo vegetarian menu.

F. An inmate who voluntarily withdraws or is involuntarily removed from the RDP in accordance with provisions under Regulations .05 and .06 of this chapter:

(1) May request a lacto-ovo vegetarian menu for nonreligious reasons; and

(2) May not be reconsidered for the RDP until existing RDP-related sanctions end and the inmate files a request in accordance with Regulation .04 of this chapter.

G. An inmate designated to have a diet based on medical needs or a special management diet may not participate in the RDP.

H. During a declared emergency and for up to 72 hours from the start of a lockdown of a housing area or facility that houses an RDP participating inmate, the facility's managing official may suspend delivery of meals that are in compliance with RDP requirements.

I. The facility shall provide an RDP bag lunch for an RDP inmate assigned to a work crew outside the facility.

Md. Code Regs. 12.03.02.03

Regulation .03 adopted effective 45:5 Md. R. 286, eff. 3/12/2018