Or. Admin. Code § 291-143-0115

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-143-0115 - Request for Religious Accommodation

(1) An inmate may make a request for religious accommodation for the following:

(a) A religious activity not currently available at the facility where the inmate is housed;

(b) A religious item not currently approved by the department; or

(c) A special religious diet.

(2) The inmate shall submit the request for religious accommodation by writing to the facility chaplain or designee. The inmate shall clearly state the religious activity, religious item, or special religious diet requested.

(3) The chaplain or designee will review the request to determine if it is covered by established rule or operational practice and respond to the inmate accordingly.

(4) If the religious activity, religious item, or special religious diet is not covered by rule or operational practice, the chaplain or designee will have the inmate fill out a Religious Accommodation Request form (CD1571). The inmate must complete the form in the presence of the chaplain or designee.

(5) The chaplain or designee may conduct an interview with the inmate to gain a better understanding of the inmate's specific request and to clarify the inmate's written responses.

(6) The chaplain or designee will evaluate the request, and send written comments, together with the Religious Accommodation Request form and any necessary documents, to the Religious Services administrator.

(7) The Religious Services administrator shall review the documents, and either approve or deny the inmate's request. The facility chaplain or designee and the inmate will be informed once a decision has been made.

(8) Religious Diet Program: If the inmate's request for a special religious diet is approved, the following additional steps will be taken:

(a) The chaplain or designee will have the inmate read the diet participation agreement.

(b) The inmate must sign the participation agreement, indicating the inmate's agreement to abide by the conditions of program participation. The chaplain or designee shall also sign the agreement. A copy of the signed participation agreement will be sent to the institution Food Services manager, Religious Services administration, the inmate's file, and the inmate.

(c) Voluntary Termination:

(A) An inmate may voluntarily terminate his/her participation in the diet program by submitting a written request to the facility chaplain or designee. The facility chaplain or designee will terminate the inmate from the religious diet program.

(B) An inmate who has voluntarily terminated from participation in the diet program, may request reinstatement to the program no sooner than 60 days following the date of termination by writing to the facility chaplain or designee. The facility chaplain or designee will reinstate the inmate to the religious diet program.

(d) Suspension/Termination:

(A) An inmate who violates the conditions of the participation agreement may be suspended temporarily from the program. After the suspension, the inmate will meet with the facility chaplain or designee.

(B) An inmate who has been temporarily suspended from the diet program, may request reinstatement to the program by submitting a written request to the facility chaplain or designee.

(C) An inmate who violations the conditions of the participation agreement after reinstatement from a suspension, may be permanently terminated from participation in the diet program, subject only to the decision of the Religious Services Administrator upon administrative review.

(e) Administrative Review:

(A) An inmate who has been permanently terminated from participation in the diet program, may request an independent review of the termination by writing to the Religious Services Administrator within 15 days of the date of termination from the program. The review request should specify the reason(s) why the inmate should be reinstated to the program.

(B) Upon review, the Religious Services Administrator may determine, in his/her sole discretion, to reinstate the inmate or to order the inmate's permanent termination from the program. The Religious Services Administrator should l notify the inmate in writing of his/her decision within 60 days. The Religious Services Administrator's decision is final and not subject to further review.

Or. Admin. Code § 291-143-0115

DOC 16-2017, adopt filed 11/01/2017, effective 11/1/2017

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075