Md. Code Regs. 12.03.02.04

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.03.02.04 - Requesting and Processing an Inmate's Request to Participate in the Religious Diet Program

A. An inmate seeking to participate in the RDP shall submit a completed Religious Diet Application Form to the facility chaplain, or a designee.

B. Upon receipt of a Religious Diet Application Form under §A of this regulation, the facility chaplain, or a designee, shall:

(1) Meet with the inmate to:

(a) Review with the inmate the requested RDP platform;

(b) Review with the inmate the Religious Diet Agreement, specifically the violation and sanction section;

(c) Inform the inmate that violation of RDP requirements may result in the inmate's involuntarily suspension from the RDP independent of the inmate disciplinary process;

(d) Inform the inmate that the inmate is required to reapply for participation in the RDP every 2 years;

(e) Obtain information from the inmate concerning the inmate's registered religious preference and the reasoning for the request to participate in the RDP; and

(f) Discuss other applicable information used in connection with the RDP request;

(2) Use information provided by the inmate in connection with the inmate's records and other available documentation to determine if the inmate is a designated participant in a Department-recognized faith group that requires a diet that can only be satisfied by the RDP; and

(3) Use forms approved by the Chief of Religious Services to record:

(a) Information obtained from the inmate; and

(b) RDP information provided to the inmate.

C. When processing an inmate's request to participate in the RDP, the facility chaplain, or a designee:

(1) Shall complete a review of all forms and applicable information obtained in connection with the inmate's RDP application;

(2) Shall, based on the available information concerning the application to participate in the RDP, determine if the inmate is eligible to participate in the RDP based on the inmate 's recognized participation in a religious faith group listed under Regulation .03 of this chapter;

(3) May not deny an inmate's application to participate in the RDP because the inmate is assigned to special confinement housing or a medical unit;

(4) May deny an inmate's application to participate in the RDP because the inmate falsified information;

(5) May require additional information from the inmate to complete or supplement the inmate's RDP application;

(6) Shall decide based on all information available and considered to approve or deny the inmate 's RDP application; and

(7) Shall document the decision to approve or deny the inmate's request to participate on the RDP application.

D. Upon completion of an inmate's request to participate in the RDP, the facility chaplain or a designee shall:

(1) If a request for RDP participation is denied:

(a) Meet with the inmate and provide the reason for the denial;

(b) Record the date of the meeting to discuss the denial on the form approved by the Chief of Religious Services; and

(c) Ensure that the completed paperwork is forwarded to Case Management for inclusion in the inmate 's base file; or

(2) If a request for RDP participation is approved:

(a) Meet with the inmate to obtain the inmate 's signature on a Religious Diet Agreement Form;

(b) Forward a copy of the inmate's completed Religious Diet Agreement Form to the Correctional Food Services manager for the inmate's facility; and

(c) Forward the completed paperwork to Case Management for inclusion in the inmate's base file.

Md. Code Regs. 12.03.02.04

Regulation .04 adopted effective 45:5 Md. R. 286, eff. 3/12/2018