§ 1-07 — Religion

§ 1-07 Religion.

(a) Policy. People in custody have an unrestricted right to hold any religious belief, and to be a member of any religious group or organization, as well as to refrain from the exercise of any religious beliefs. A person in custody may change his or her religious affiliation. (b) Exercise of religious beliefs. (1) People in custody are entitled to exercise their religious beliefs in any manner that does not constitute a clear and present danger to the safety or security of a facility. (2) No employee or agent of the Department or of any voluntary program shall be permitted to proselytize or seek to convert any person in custody, nor shall any person in custody be compelled to exercise or be dissuaded from exercising any religious belief. (3) Equal status and protection shall be afforded to all people in the exercise of their religious beliefs except when such exercise is unduly disruptive of facility routine. (c) Congregate religious activities. (1) Consistent with the requirements of subdivision (a) of this section, all persons in custody shall be permitted to congregate for the purpose of religious worship and other religious activities, except for people confined for medical reasons in the contagious disease units. (2) Each facility shall provide all persons in custody with access to an appropriate area for congregate religious worship and other religious activities. Consistent with the requirements of paragraph (b)(1) of this section, this area shall be made available to people in custody in accordance with the practice of their religion. (d) Religious advisors. (1) As used in this section, the term "religious advisor" means a person who has received endorsement from the relevant religious authority. (2) Religious advisors shall be permitted to conduct congregate religious activities permitted pursuant to subdivision (c) of this section. When no religious advisor is available, a person in custody belonging to the religious group may be permitted to conduct congregate religious activities. (3) Consistent with the requirements of paragraph (b)(1) of this section, people shall be permitted confidential consultation with their religious advisors during lock-out periods. (e) Celebration of religious holidays or festivals. Consistent with the requirements of paragraph (b)(1) of this section, people shall be permitted to celebrate religious holidays or festivals on an individual or congregate basis. (f) Religious dietary laws. People in custody are entitled to the reasonable observance of dietary laws or fasts established by their religion. Each facility shall provide people with food items sufficient to meet such religious dietary laws. (g) Religious articles. Consistent with the requirements of paragraph (b)(1) of this section, people in custody shall be entitled to wear and to possess religious medals or other religious articles, including clothing and hats. (h) Exercise of religious beliefs by people in restrictive housing. (1) People confined in restrictive housing shall not be prohibited from exercising their religious beliefs, including the opportunities provided by subdivisions (d) through (g) of this section. (2) Congregate religious activities by people in restrictive housing as defined in 40 RCNY Chapter 6 shall be provided for by permitting such individuals to attend congregate religious activities with appropriate security either with each other or with other people in custody. (i) Recognition of a religious group or organization. (1) A list shall be maintained of all religious groups and organizations recognized by the Department. This list shall be in Spanish and English, and shall be distributed to all persons entering custody or posted in each housing area. (2) Each facility shall maintain a list of the religious advisor, if any, for each religious group and organization, and the time and place for the congregate service of each religion. This list shall be in Spanish and English, and shall be distributed to all persons entering custody or posted in each housing area. (3) People in custody may make requests to the Department to exercise the beliefs of a religious group or organization not previously recognized by the Department. (4) In determining requests made pursuant to paragraph (3) of this subdivision, the following factors among others shall be considered as indicating a religious foundation for the belief: (i) whether there is substantial literature supporting the belief as related to religious principle; (ii) whether there is formal, organized worship by a recognizable and cohesive group sharing the belief; (iii) whether there is an informal association of persons who share common ethical, moral, or intellectual views supporting the belief; or (iv) whether the belief is deeply and sincerely held by the person making the request. (5) In determining requests made pursuant to paragraph (3) of this subdivision, the following factors shall not be considered as indicating a lack of religious foundation for the belief: (i) the belief is held by a small number of individuals; (ii) the belief is of recent origin; (iii) the belief is not based on the concept of a Supreme Being or its equivalent; or (iv) the belief is unpopular or controversial. (6) Before the Department determines a request made pursuant to paragraph (3) of this subdivision, the requestor shall be permitted to present evidence indicating a religious foundation for the belief. (7) The procedure outlined in paragraphs (1) and (3) of this subdivision shall apply when a request made pursuant to paragraph (i)(3) of this subdivision is denied. (j) Limitations on the exercise of religious beliefs. (1) Any determination to limit the exercise of the religious beliefs of any person in custody shall be made in writing, and shall state the specific facts and reasons underlying such determination. A copy of this determination, including the appeal procedure, shall be sent to the Board and to any person affected by the determination within one (1) business day of the determination. (2) This determination must be based on specific acts committed by the person in custody during the exercise of his or her religion that demonstrate a serious and immediate threat to the safety and security of the facility. Prior to any determination, the individual must be provided with written notification of the specific charges and the names and statements of the charging parties, and be afforded an opportunity to respond. (3) Any person affected by a determination made pursuant to this subdivision may appeal such determination to the Board. (i) The person affected by the determination shall give notice in writing to the Board and the Department of the person's intent to appeal the determination. (ii) The Department and any person affected by the determination may submit to the Board for its consideration any relevant material in addition to the written determination. (iii) The Board or its designee shall issue a written decision upon the appeal within fourteen (14) business days after receiving notice of the requested review. (Amended City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)