ADMINISTRATIVE CODE

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER d: PROGRAMS AND SERVICES
PART 425 CHAPLAINCY SERVICES AND RELIGIOUS PRACTICES

Section 425.10 Applicability

Section 425.12 Definitions

Section 425.15 Responsibilities

Section 425.20 Procedure (Repealed)

Section 425.30 Accommodation of Religious Beliefs

Section 425.40 Religious Practice Advisory Board

Section 425.50 Chaplains and Religious Program Volunteers

Section 425.60 Religious Activities

Section 425.70 Accommodation of Religious Diets

Section 425.80 Religious Publications and Recordings

Section 425.90 Religious Items

Section 425.100 Institutional Work and Program Assignments

Section 425.110 Requests for Religious Accommodations

Section 425.120 Religious Grievances

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER d: PROGRAMS AND SERVICES
PART 425 CHAPLAINCY SERVICES AND RELIGIOUS PRACTICES
SECTION 425.10 APPLICABILITY

Section 425.10 Applicability

This Part applies to the Adult, Juvenile, and Community Services Divisions.

(Source: Amended at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.12 Definitions

"Chaplain" means an individual who is commissioned, licensed, ordained, or endorsed as required by the individual's religious faith and with whom the facility has employed or contracted to conduct religious activities within a correctional facility.

"Chief Administrative Officer" means the highest ranking official of a correctional facility.

"Department" means the Department of Corrections.

"Director" means the Director of the Department of Corrections.

"Faith representative" means a religious program volunteer who is commissioned, licensed, ordained, endorsed, or otherwise accepted as a religious authority by the individual's religious faith.

"Religious activity" includes religious services, prayers, rituals, ceremonies, celebrations, study groups, and meetings.

"Religious leader" means a member of the community who is commissioned, licensed, ordained, endorsed or otherwise accepted as a religious authority by the individual's religious faith.

"Religious program volunteer" means a member of the community who is recognized by a faith group and who has been approved by the facility in accordance with 20 Ill. Adm. Code 435 to conduct specific religious activities on a volunteer basis.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.15 Responsibilities

a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Part specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of their temporary absence or in an emergency.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.20 Procedure (Repealed)

(Source: Repealed at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.30 Accommodation of Religious Beliefs

a) Committed persons shall be provided reasonable opportunities to pursue their religious beliefs and practices subject to concerns regarding security, safety, rehabilitation, institutional order, space, and resources.

b) Participation in or attendance at religious activities shall be voluntary.

c) Committed persons shall not pressure or coerce other persons to join or participate in the activities of a particular religion.

d) Committed persons shall not engage in religious activities which may encourage violence against others or are likely to disrupt institutional safety or operations.

e) Committed persons shall be requested to designate their religious affiliation during the orientation process. Such designation of religious affiliation does not constitute endorsement or recognition of that religion by the Department.

f) Committed persons may only attend the religious activities of their designated religion or non-denominational religious activities, except as provided in subsection (g) of this Section pursuant to Section 425.60.

g) Committed persons requesting to attend a religious activity of a faith other than their designated faith shall submit their written request to the facility chaplain who will determine whether their attendance at the activity can be accommodated based on factors such as security, safety, rehabilitation, institutional order, space, and resources.

h) Committed persons desiring to designate their religious affiliation after the orientation process or to change their designated religious affiliation shall submit the written request to the facility chaplain. The facility chaplain may refuse to change the affiliation if it is determined that the change is being requested for other than religious reasons. This determination may be based, among other matters, on the frequency of changes or a pattern of changing religious affiliation prior to a particular faith group's scheduled holiday or celebration.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.40 Religious Practice Advisory Board

a) The Director shall appoint a multi-denominational Religious Practice Advisory Board comprised of legal, administrative, and chaplaincy staff. One of the members of the Board shall be designated as chairperson.

b) The Board shall, among other matters:

1) Provide guidance to the Department regarding religious activities.

2) Review and make recommendations regarding designated:

A) Religious grievances filed by committed persons;

B) Requests from committed persons for religious diets, non-traditional religious symbols, headgear, clothing, and other religious items;

C) Requests from committed persons for religious activities not currently offered at the correctional facility and for religious activities permitted under Section 425.60(f);

D) Requests from committed persons for relief from a work assignment or institutional program for specific religious reasons; and

E) Issues involving the training, screening, and reimbursement of religious volunteers.

c) The Board shall confer with religious leaders or faith representatives from various faith groups regarding the validity and legitimacy of the religious request and the sincerity of the committed persons' beliefs, as the Board determines necessary.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.50 Chaplains and Religious Program Volunteers

a) The Adult and Juvenile Divisions may utilize chaplains and religious program volunteers on a full-time or part-time basis.

b) Religious program volunteers who provide religious activities to committed persons shall not normally be reimbursed for travel expenses. However, the Chief Administrative Officer may approve reimbursement for travel expenses, not to exceed the reimbursement rate applicable to State employees. In determining whether to approve reimbursement, the Chief Administrative Officer shall consider the recommendation of the Religious Practice Advisory Board as well as factors such as: distance traveled, number of hours at the facility, frequency of visits, fiscal resources, availability of other volunteers of that faith, and whether religious program volunteers of religious groups of comparable size have been compensated for travel of a similar nature.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.60 Religious Activities

a) Religious activities approved by the Chief Administrative Officer shall be conducted or supervised by a chaplain or religious program volunteer.

b) The Chief Administrative Officer, after consultation with the facility chaplain, shall regulate the time, place, and manner in which religious activities are conducted. The Chief Administrative Officer may limit, restrict, discontinue, or deny a religious activity based upon concerns regarding security, safety, rehabilitation, institutional order, space, or resources.

c) Nothing in this Part shall require the provision of group religious activities to committed persons in impact incarceration program facilities, reception and classification centers, or in segregation areas, the condemned unit, or specialized housing units within the facility, such as the hospital.

d) Nothing in this Part shall require the Department to provide each separate religious group or sects within a group with a chaplain or with separate religious activities regardless of the size of the religious group or the extent of the demand for the activities.

e) Committed persons shall be prohibited from assuming a position of authority or leadership over other committed persons. This does not preclude committed persons from actively participating in religious activities.

f) Religious activities for which religious program volunteers or chaplains of that particular faith are unavailable on a permanent or protracted basis may be permitted if the following conditions are satisfied:

1) The committed persons submit written verification to the facility chaplain that they attempted to locate and secure the services of religious leaders or faith representatives from the community and that such persons refused or were not approved to conduct religious activities;

2) Security, program, or chaplaincy staff are available to attend and supervise the religious activity;

3) Written verification that attendance at existing religious activities does not satisfy the recognized tenets of their faith is received;

4) Written agreement by a chaplain, faith representative, or recognized religious leader of that faith group to provide general oversight and guidance of the religious activity is received;

5) The Religious Practice Advisory Board recommends approval; and

6) The committed person submits a copy of any proposed sermon or doctrinal interpretation to the Chief Administrative Officer or staff designated to supervise the religious activity for review and approval prior to delivery, based on safety and security concerns.

g) The staff supervisor may call upon various committed persons to guide portions of the religious activity subject to safety and security concerns.

h) Religious activities defined under subsection (f) of this Section shall be prohibited where based solely on the temporary or occasional unavailability of a chaplain or a religious program volunteer.

i) The Chief Administrative Officer may limit, restrict, or discontinue religious activities permitted under subsection (f) of this Section based upon concerns such as security, safety, rehabilitation, institutional order, space, or resources and may require periodic rotation of committed persons permitted to guide portions of religious activities.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.70 Accommodation of Religious Diets

a) Committed persons shall be permitted to abstain from any foods the consumption of which violates their required religious tenets.

b) Any foods which contain pork or pork by-products shall be identified in accordance with 20 Ill. Adm. Code 502.20.

c) A committed person may submit a written request to the facility chaplain to receive an alternative diet for specific religious reasons. The request must contain written verification that the committed person is a member of a faith group that requires adherence to a particular diet and the specific requirements of the diet. Eligibility to receive an alternative diet for specific religious reasons shall be determined by the facility chaplain who shall ordinarily confer with a religious leader or faith representative of the faith group at issue. The facility chaplain and the religious leader or faith representative may interview the committed person.

d) A committed person requesting a dietary modification required by a specific religious holiday or ceremony must submit a written request to the facility chaplain 45 calendar days before the holiday or ceremony. The request must contain verification that the committed person is a member of a faith group requiring the dietary modification and the specific requirements of the dietary modification. Eligibility to receive an alternative diet for a specific religious holiday or ceremony shall be determined by the facility chaplain who shall ordinarily confer with a religious leader or faith representative of the faith group at issue. The facility chaplain and religious leader or faith representative may interview the committed person.

e) A committed person who does not adhere to the alternative diet shall no longer receive the alternative diet, unless otherwise approved by the Chief Administrative Officer.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.80 Religious Publications and Recordings

a) Committed persons may obtain religious publications or recordings in accordance with this Part and Departmental Rules governing purchasing, incoming mail, publications, and personal property (see 20 Ill. Adm. Code 205, 525, and 535) or through donations distributed by the chaplain.

b) Religious publications shall be submitted to the Publication Review Committee for review pursuant to 20 Ill. Adm. Code 525:Subpart C. The Publication Review Committee may confer with the chaplain.

c) Committed persons shall be permitted to receive or possess commercially made religious audio cassettes, sealed in cellophane or similar material, that are not available through the commissary and are sent directly from a manufacturer, retailer, or distributor. Committed persons shall also be permitted to receive or possess religious audio cassettes directly from religious organizations. The Chief Administrative Officer or chaplain may review and deny such audio cassettes if they are deemed to pose a threat to the safety or security of the institution. If such audio cassettes are denied, they shall be submitted to the Religious Practice Advisory Board for review.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.90 Religious Items

a) Committed persons may obtain religious symbols, clothing, and other items in accordance with this Part and Departmental Rules governing purchasing, incoming mail, and personal property (see 20 Ill. Adm. Code 205, 525, and 535) or through the chaplain.

b) Committed persons shall be permitted to have up to two traditionally accepted religious symbols or religious symbols which have been authorized by the Religious Practice Advisory Board and which represent their designated faith. These may include but not be limited to medals, medallions, scapulas, or prayer beads.

c) Religious items may be limited, restricted, or denied by the Chief Administrative Officer based upon concerns such as safety, security, rehabilitation, institutional order, space, resources, or facilitation of gang identification, recruitment, or activity.

1) Certain items, such as candles and incense, shall be restricted by the Chief Administrative Officer or chaplain to use for religious activities only. Such items shall be stored in a designated area of the facility and shall be available upon request for use during approved religious activities held in the chapel or other designated common area.

2) Religious symbols shall not exceed two inches in height or width. The chain upon which a medal or medallion is attached shall not exceed 24 inches in length. The combined value of the medal or medallion and chain shall not exceed $50.

3) The Department may restrict the color of religious items.

4) Rosary beads shall be a solid color, either black, brown, or white, and shall not be permitted to be worn as jewelry.

5) Medals or medallions shall not contain precious gems or stones.

6) Medals or medallions shall not be of a design that could be used as a weapon or to conceal contraband.

7) Religious symbols attached to pins shall not be permitted.

8) Prayer rugs may be permitted if utilized as a component of the committed person's faith but will be limited to the immediate living area during prayer or the area of religious service.

d) Committed persons may wear articles of religious clothing, including but not limited to robes, prayer shawls, or talits, only in their immediate sleeping areas during prayer or in the area of religious service if verification is submitted that the clothing is worn as a component of their religion.

e) The wearing of religious headgear, including but not limited to fezzes, kufis, and yarmulkes, shall be limited only to the committed person's immediate sleeping area during prayer and to the area of religious service provided that verification is submitted that the wearing of the religious headgear is required by the committed person's designated faith.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.100 Institutional Work and Program Assignments

a) Committed persons shall be relieved from a work assignment, without pay, on a recognized religious holiday or celebration which prohibits work or if the work assignment violates the specific requirements of the committed person's faith subject to concerns regarding safety, security, rehabilitation, institutional order, space, and resources. Committed persons must initiate the request to be relieved from the assignment by submitting a written request to the Chief Administrative Officer not less than thirty calendar days prior to the holiday.

b) The Chief Administrative Officer may relieve a committed person from an institutional program or assignment if a religious activity is scheduled at the same time and the committed person has designated that faith, subject to concerns regarding safety, security, rehabilitation, institutional order, space, and resources.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.110 Requests for Religious Accommodations

a) Committed persons requesting religious items shall submit the request in writing to the facility chaplain and shall be required, if requested by the facility chaplain or the Religious Practice Advisory Board, to include written verification from an outside faith group or from a religious authoritative source that the religious item is necessary for the practice of the committed person's religion or that the item is a symbol or integral part of the person's religion.

b) Committed persons requesting religious activities of the type not offered by the Department shall submit the request in writing to the facility chaplain and shall be required, if requested by the facility chaplain or the Religious Practice Advisory Board, to submit the following information:

1) Written verification that other committed persons belong to that faith and are interested in attending such religious activities;

2) The names, addresses, and telephone numbers of the outside leaders of the faith;

3) Copies of the by-laws, charters, or articles of incorporation, to the extent available;

4) Written verification of the religion's practices, requirements, historical origins, size of membership population, organization hierarchy and structure, role of religious personnel, and dietary restrictions;

5) The time, place, and nature of any religious activities to be conducted and the identity of the religious program volunteer who will conduct the requested religious activities as well as their address, telephone number, and credentials; and

6) The documentation required under Section 425.60.

c) Committed persons requesting religious accommodations not addressed in Section 425.110 may be required, if requested by the facility chaplain or Religious Practice Advisory Board, to provide some or all of the following:

1) The names, addresses, and telephone numbers of the outside leaders of the faith;

2) Copies of the by-laws, charters, or articles of incorporation, to the extent available; and

3) Written verification of the religion's practices, requirements, historical origins, size of membership population, organizational hierarchy and structure, role of religious personnel, and dietary restrictions.

d) The chaplain shall inform the Chief Administrative Officer of any religious request and may, as determined necessary, submit the request and any required documentation to the Religious Practice Advisory Board for review in accordance with Section 425.40.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)

Section 425.120 Religious Grievances

Any religious issue may be grieved in accordance with 20 Ill. Adm. Code 504:Subpart F or G.

(Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995)