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12 CAR § 60-107. Chaplaincy services
12 CAR § 60-107. Chaplaincy services.
(a) Purpose. To establish access to religious ministers and materials, and to ensure opportunities for the practice of religion within the Department of Corrections.
(b) Applicability. This section applies to:
(1) All staff and offenders of the department;
(2) All ministers and volunteers carrying out their ministry inside the department; and
(3) Any spiritual advisor or minister providing ongoing linkage between a religious group and an offender of the department.
(c) Definitions. As used in this section:
(1) “Minister” means an individual ordained or otherwise recognized, according to the precepts of the religion represented, as qualified to:
(A) Teach religious precepts;
(B) Provide spiritual counsel; and
(C) Conduct religious services;
(2) “Offenders” means persons sentenced to the Division of Correction or persons sentenced to the Division of Correction for judicial transfer to the Division of Community Correction or confined in a community correction center as a condition of:
(A) Probation;
(B) Suspended imposition of sentence; or
(C) Post-prison transfer;
(3) “Religion” means a set of beliefs and corresponding practices based on sacred writings, and/or having historically established support, that play a central role in the everyday life of a recognizable and cohesive group in society;
(4) “Restrictions” means generally diminished rights consistent with incarceration and specific limitations on religious conduct deemed necessary to meet legitimate penological interests; and
(5) “Volunteer” means an individual having the approval of a religious group or authority, approved through the procedures of the department, and trained in applicable rules and expectations of conduct to be followed inside the department, who provides for, or assists in providing for, the religious needs of offenders.
(d) Policy. It is the policy of the department to allow offenders access to the opportunities and means to learn about religions and to practice a religion of choice, without undue restriction.
(e) Procedures.
(1) Chaplaincy services shall establish and review annually a policy and procedures manual guiding ministers and volunteers regarding religious practices within the department.
(2)(A) Any restrictions to be placed on the practice of religion will be approved by an ad hoc committee comprised of the:
(i) Staff of the Secretary of the Department of Corrections; and
(ii) Administrator of Chaplaincy Services.
(B) A representative of the affected religion will be afforded the opportunity to present the case against the restriction.
(C) The committee will make a recommendation for the approval of the secretary.
(3) Wherever restrictions are necessary, the least severe acceptable restriction will be used, and a substantive equivalent, if available and not imposing an undue burden on department officials, will be provided for the restricted activity.
(4) Any religious activity that involves inflammatory statements about the characteristics, beliefs, or practices of another group, threats against the order and safety of the facility, or instigation of conflict among the group members that compromises the safety of the group or the safety of others may be curtailed immediately with the approval of the senior security officer on duty.
(5)(A) Restrictions of religious practice may be placed on clearly defined groups of offenders, based on their security status and the breach of security that allowing those practices would entail.
(B) Such restrictions shall apply evenly to all offenders of the same security status.
(C) Where consistent with good security, alternative opportunities for the practice of religion shall be afforded.
(6)(A) The department shall show no favoritism toward, nor selectively impose restrictions against, a particular religion.
(B) However, the burden for demonstrating that an unusual, illogical, or unorthodox set of practices does have scriptural, historical, and consensual validity as a religion, is placed upon the offender.
(7)(A) Participation in religious activities shall be voluntary.
(B) Participation in some activities may be restricted, where canon law or the tenets of the religion demand such restriction.
(C) Any restrictions imposed must be registered with the Administrator of Chaplaincy Services or appropriate staff and have prior approval.
(8)(A) Fasts or dietetic restrictions are permitted.
(B) Additional or substitute food items require prior approval through the Administrator of Chaplaincy Services or appropriate staff.
(C) Food or beverage items that would otherwise be contraband must have prior approval of the secretary.
(D) Blanket approval may be given and rules set by the Administrator of Chaplaincy Services or appropriate staff.
(9)(A) The department shall not furnish religious materials.
(B) Access to purchased or donated religious materials may be arranged through the Administrator of Chaplaincy Services or appropriate staff, in consultation with the appropriate deputy or assistant director.
(10)(A) Application for approval of visits by spiritual advisors should follow normal visitation procedures.
(B) Special visits should be channeled through the senior chaplain of the facility, who will make a recommendation to the warden/center supervisor.
(11) Notification to offenders of family emergencies and notification to families of offender mishaps shall involve the chaplaincy services.
"Section Number: Page Number:
ADC 883
DCP 7.28 1 of 3
Board Approval Date: 2/17/94
Supersedes: Dated:
ADC 883 3/30/90
DCP 7.28 1/19/94
Reference: Effective Date:
3/10/94"
"I. AUTHORITY:
The Board of Correction and Community Punishment is vested with the authority to promulgate Administrative Rules by Act 50 of 1968, Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular session (Ark. Code Ann. ss 16-93-1203 and 12-27-105 of 1993)."
"VII. REFERENCES:
ACA Standard 3-4459; 3-4460; 3-4461; 3-4300.
Act 8 of 1988.
Act 23 of 1988."