[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Rules and Regulations]
[Pages 46485-46487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21934]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 548
[BOP 1011-I]
RIN 1120-AA17
Religious Beliefs and Practices
AGENCY: Bureau of Prisons, Justice.
ACTION: Interim rule.
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SUMMARY: In this interim rule, the Bureau of Prisons is amending its
regulations on Religious Beliefs and Practices in order to provide for
the uniform implementation of a common fare religious diet menu and to
simplify and update procedures relating to religious beliefs and
practices.
DATES: Effective September 6, 1995; comments due by November 6, 1995.
ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC room 754,
320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its
regulations on Religious Beliefs and Practices. A final rule on this
subject was published in the Federal Register December 14, 1984 (49 FR
48902).
The Bureau of Prisons is updating its regulations on Religious
Beliefs and Practices to include provisions for the implementation of a
common fare religious diet. In addition, the regulations have been
revised and reorganized for the sake of clarity. A discussion of the
specific changes follows.
In Sec. 548.10, paragraph (a) has been revised for the sake of
clarity. Paragraph (b) has been revised for the sake of clarity and to
provide examples of religious activity or practice. Paragraph (c) has
been revised to clarify that an inmate may request at any time to
change religious preference by notifying the chaplain in writing. This
revision is necessary to provide for adequate documentation (i.e.,
requiring the notification in writing) of the inmate's request. The
change will then be effected in a timely fashion.
The material in Secs. 548.12 through 548.15 has been revised and
reorganized as Secs. 548.12 through 548.20.
New Sec. 548.12 restates material formerly in old Sec. 548.12(a).
As revised, this section on chaplains now also specifies that pastoral
care and counseling from representatives in the community are available
in accordance with the provisions of new Secs. 548.14 and 548.19.
New Sec. 548.13 restates material formerly in old Secs. 548.12 (b)
and 548.15 (b). As revised, new Sec. 548.13 emphasizes that chaplains
are responsible for directing the institution's religious activities
and that each institution shall have space designated for the conduct
of religious activities.
New Sec. 548.14 restates material formerly in old Sec. 548.12 (c)
regarding pastoral care and counseling available from representatives
in the community. As revised these provisions may require verification
of a volunteer's or contractor's religious credentials from a
recognized member of the faith group.
New Sec. 548.15 consolidates material from old Sec. 548.12 (d) and
(e). As revised, this section now specifies that attendance at
religious activities is voluntary and, unless otherwise specifically
determined by the Warden, is open to all.
New Sec. 548.16 consolidates material from old Sec. 548.12 (f) and
(g). As revised, paragraph (a) of new Sec. 548.16 clarifies that
religious items are considered to be part of the inmate's personal
property and are subject to normal considerations of safety and
security. This paragraph also provides that the chaplain is to verify
the religious significance for the Warden's approval. Paragraph (b)
restates the provisions of former Sec. 548.12(f) regarding the wearing
of religious items during religious services, ceremonies, and meetings
in the chapel or within the institution. Paragraph (c) of new
Sec. 548.16 restates the provisions of former Sec. 548.12(g). Revised
paragraph (c) also requires that the distribution to inmates of
religious literature purchased by or donated to the Bureau is
contingent upon the approval of the institution's chaplain. This change
is intended to ensure that inmates are not coerced or harassed to
change religious affiliation.
New Sec. 548.17 restates provisions from former Sec. 548.14
covering work assignments. As revised, this section broadens
applicability by covering instances where a religious tenet is
jeopardized by a particular work assignment and designates the chaplain
as being responsible for verifying the specific religious tenets. The
revised section clarifies procedures by specifying that the inmate
makes the request in writing.
New Sec. 548.18 restates provisions from former Sec. 548.15(a)
regarding religious observances. As revised, this section clarifies
procedures for the submission of an inmate's request for time off from
work to observe a religious holy day and requires that the chaplain
work with requesting inmates to accommodate a proper observance of the
holy day celebration.
New Sec. 548.19 derives from an expansion of provisions from former
Sec. 548.12(c) regarding pastoral visits. As added, this section
requires that the chaplain facilitate arrangements for pastoral visits
by a clergyperson or representative of the inmate's faith if requested
by an inmate and gives the chaplain the discretion to request an NCIC
check and documentation of such person's religious credentials when
necessary. The revised section specifies that such visits are not
considered social visits, in accordance with existing Bureau policy on
visiting regulations (see 28 CFR 540.48), and provides for
administrative details on the location of such visits.
New Sec. 548.20 restates provisions contained in former Sec. 548.13
(a) and (b) on dietary practices, including religious diets. In the
past, religious diets offered by the Bureau were limited to kosher
diets and a pilot program offering a common fare menu (i.e., a diet
designed to meet nutritional standards and the basic requirements of
religious dietary norms).
As revised, paragraph (a) of new Sec. 548.20 specifies procedures
for consideration of requests for a religious diet under a common fare
menu. References to nutritional standards have been removed because the
Bureau believes it is unnecessary in this regulation to restate its
basic policy of providing nutritionally adequate meals. The Bureau
initially piloted operation of a common fare menu at institutions in
its South Central Region and gradually expanded operation of the
program nationwide. Review of the small number of inmate complaints on
this subject filed under the Administrative Remedy Program has
demonstrated the benefits and practicability of the common fare menu.
Documentation requirements for processing a request include a written
statement from the inmate articulating the religious motivation for
participating in the common fare program. Paragraph (b) specifies
procedures for withdrawal or removal
[[Page 46486]]
from a requested religious diet. The process of reapproving a religious
diet ordinarily may extend up to thirty days. Repeated withdrawals may
result in longer waiting periods (up to one year). This delay for
reinstatement is intended to preserve the integrity and orderly
operation of the religious diet program and to prevent fraud. Paragraph
(c) contains provisions for accommodations to be made for an annual
ceremonial or commemorative meal which specify that such meal is for
the members of the particular religious group. The discretionary
provisions contained in former Sec. 548.13(b) on the purchase of food
to be used for these meals have been removed from the revised
regulations because the Bureau believes them to be administrative in
nature. Internal staff guidelines specify that Bureau Food Service
staff are responsible for procuring such special foods.
Because implementation of a common fare menu provides wider
accommodation to the religious needs of inmates and has generally shown
its benefits and practicability (based upon the small number of
Administrative Remedy filings), the Bureau finds good cause for
exempting the provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, and delay in effective
date, and is implementing this change as an interim rule. Other
regulatory changes in this document are administrative in nature or are
restatements or reorganizations made for the sake of clarity. Members
of the public may submit comments concerning this rule by writing to
the previously cited address. These comments will be considered before
the rule is finalized.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly this rule was not reviewed by the Office of Management and
Budget. After review of the law and regulations, the Director, Bureau
of Prisons has certified that this rule, for the purpose of the
Regulatory Flexibility Act (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities.
List of Subjects in 28 CFR Part 548
Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(p), part 548 in subchapter C of 28
CFR, chapter V is amended as set forth below.
Subchapter C--Institutional Management
PART 548--RELIGIOUS PROGRAMS
1. The authority citation for 28 CFR part 548 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed in part as to offenses committed on or after
November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to
offenses committed after that date), 5039; 28 U.S.C. 509, 510; 42
U.S.C. 1996; 28 CFR 0.95-0.99.
2. Subpart B, consisting of Secs. 548.10 through 548.15, is revised
to consist of Secs. 548.10 through 548.20 as follows:
Subpart B--Religious Beliefs and Practices of Committed Offenders
Sec.
548.10 Purpose and scope.
548.11 Definition.
548.12 Chaplains.
548.13 Schedules and facilities.
548.14 Community involvement (volunteers, contractors).
548.15 Equity.
548.16 Inmate religious property.
548.17 Work assignments.
548.18 Observance of religious holy days.
548.19 Pastoral visits.
548.20 Dietary practices.
Subpart B--Religious Beliefs and Practices of Committed Offenders
Sec. 548.10 Purpose and scope.
(a) The Bureau of Prisons provides inmates of all faith groups with
reasonable and equitable opportunities to pursue religious beliefs and
practices, within the constraints of budgetary limitations and
consistent with the security and orderly running of the institution and
the Bureau of Prisons.
(b) When considered necessary for the security or good order of the
institution, the Warden may limit attendance at or discontinue a
religious activity. Opportunities for religious activities are open to
the entire inmate population, without regard to race, color,
nationality, or ordinarily, creed. The Warden, after consulting with
the institution chaplain, may limit participation in a particular
religious activity or practice to the members of that religious group.
Ordinarily, when the nature of the activity or practice (e.g.,
religious fasts, wearing of headwear, work proscription, ceremonial
meals) indicates a need for such a limitation, only those inmates whose
files reflect the pertinent religious preference will be included.
(c) The Bureau of Prisons does not require an inmate to profess a
religious belief. An inmate may designate any or no religious
preference at his/her initial team screening. By notifying the chaplain
in writing, an inmate may request to change this designation at any
time, and the change will be effected in a timely fashion.
Sec. 548.11 Definition.
For purposes of this subpart, the term ``religious activity''
includes religious diets, services, ceremonies, and meetings.
Sec. 548.12 Chaplains.
Institution chaplains are available upon request to provide
pastoral care and counseling to inmates through group programs and
individual services. Pastoral care and counseling from representatives
in the community are available in accordance with the provisions of
Secs. 548.14 and 548.19.
Sec. 548.13 Schedules and facilities.
(a) Under the general supervision of the Warden, chaplains shall
schedule and direct the institution's religious activities.
(b) The Warden may relieve an inmate from an institution program or
assignment if a religious activity is also scheduled at that time.
(c) Institutions shall have space designated for the conduct of
religious activities.
Sec. 548.14 Community involvement (volunteers, contractors).
(a) The institution's chaplain may contract with representatives of
faith groups in the community to provide specific religious services
which the chaplain cannot personally deliver due to, ordinarily,
religious prescriptions or ecclesiastical constraints to which the
chaplain adheres.
(b) The institution's chaplain may secure the services of
volunteers to assist inmates in observing their religious beliefs.
(c) The Warden or the Warden's designee (ordinarily the chaplain)
may require a recognized representative of the faith group to verify a
volunteer's or contractor's religious credentials prior to approving
his or her entry into the institution.
Sec. 548.15 Equity.
No one may disparage the religious beliefs of an inmate, nor coerce
or harass an inmate to change religious affiliation. Attendance at all
religious activities is voluntary and, unless otherwise specifically
determined by the Warden, open to all.
[[Page 46487]]
Sec. 548.16 Inmate religious property.
(a) Inmate religious property includes but is not limited to
rosaries and prayer beads, oils, prayer rugs, phylacteries, medicine
pouches, and religious medallions. Such items, which become part of an
inmate's personal property, are subject to normal considerations of
safety and security. If necessary, their religious significance shall
be verified by the chaplain prior to the Warden's approval.
(b) An inmate ordinarily shall be allowed to wear or use personal
religious items during religious services, ceremonies, and meetings in
the chapel, unless the Warden determines that the wearing or use of
such items would threaten institution security, safety, or good order.
Upon request of the inmate, the Warden may allow the wearing or use of
certain religious items throughout the institution, consistent with
considerations of security, safety, or good order. The Warden may
request the chaplain to obtain direction from representatives of the
inmate's faith group or other appropriate sources concerning the
religious significance of the items.
(c) An inmate who wishes to have religious books, magazines or
periodicals must comply with the general rules of the institution
regarding ordering, purchasing, retaining and accumulating personal
property. Religious literature is permitted in accordance with the
procedures governing incoming publications. Distribution to inmates of
religious literature purchased by or donated to the Bureau of Prisons
is contingent upon the chaplain's granting his or her approval.
Sec. 548.17 Work assignments.
When the religious tenets of an inmate's faith are violated or
jeopardized by a particular work assignment, a different work
assignment ordinarily shall be made after it is requested in writing by
the inmate, and the specific religious tenets have been verified by the
chaplain. Maintaining security, safety, and good order in the
institution are grounds for denial of such request for a different work
assignment.
Sec. 548.18 Observance of religious holy days.
Consistent with maintaining security, safety, and good order in the
institution, the Warden shall endeavor to facilitate the observance of
important religious holy days which involve special fasts, dietary
regulations, worship, or work proscription. The inmate must submit a
written request to the chaplain for time off from work to observe a
religious holy day. The Warden may request the chaplain to consult with
community representatives of the inmate's faith group and/or other
appropriate sources to verify the religious significance of the
requested observance. The chaplain will work with requesting inmates to
accommodate a proper observance of the holy day. The Warden will
ordinarily allow an inmate to take earned vacation days, or to make up
for missed work, or to change work assignments in order to facilitate
the observance of the religious holy day.
Sec. 548.19 Pastoral visits.
If requested by an inmate, the chaplain shall facilitate
arrangements for pastoral visits by a clergyperson or representative of
the inmate's faith.
(a) The chaplain may request an NCIC check and documentation of
such clergyperson's or faith group representative's credentials.
(b) Pastoral visits may not be counted as social visits. They will
ordinarily take place in the visiting room during regular visiting
hours.
Sec. 548.20 Dietary practices.
(a) The Bureau provides inmates requesting a religious diet
reasonable and equitable opportunity to observe their religious dietary
practice within the constraints of budget limitations and the security
and orderly running of the institution and the Bureau through a common
fare menu. The inmate will provide a written statement articulating the
religious motivation for participation in the common fare program. Any
approval of a request for religious diets must be documented in writing
by the chaplain, who will forward a copy of the approval form to the
food service administrator.
(b) An inmate who has been approved for a common fare menu must
notify the chaplain in writing if the inmate wishes to withdraw from
the religious diet. Approval for an inmate's religious diet may be
withdrawn by the chaplain if the inmate is documented as being in
violation of the terms of the religious diet program to which the
inmate has agreed to in writing. In order to preserve the integrity and
orderly operation of the religious diet program and to prevent fraud,
inmates who withdraw (or are removed) may not be immediately
reestablished back into the program. The process of reapproving a
religious diet for an inmate who voluntarily withdraws or who is
removed ordinarily may extend up to thirty days. Repeated withdrawals
(voluntary or otherwise), however, may result in inmates being
subjected to a waiting period of up to one year.
(c) The chaplain may arrange for inmate religious groups to have
one appropriate ceremonial or commemorative meal each year for their
members as identified by the religious preference reflected in the
inmate's file. An inmate may attend one religious ceremonial meal in a
calendar year.
[FR Doc. 95-21934 Filed 9-5-95; 8:45 am]
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