Chapter DOC 309

DOC 309.61 DOC 309.61 Religious beliefs and practice.

DOC 309.61(1) (1) General principles.

DOC 309.61(1)(a) (a) The department may not discriminate against an inmate or an inmate group on the basis of the inmate’s or group’s religious beliefs. The department recognizes that religious beliefs can provide support to inmates which may aid in their adjustment to institutional life and can lead to development of community ties which may aid in the inmates’ successful reintegration into the community upon release.

DOC 309.61(1)(b) (b) Inmates may pursue lawful religious practices required or encouraged by their respective religions which are consistent with their orderly confinement, the security of the institution and fiscal limitations.

DOC 309.61(1)(c) (c) The department may not require inmates to participate in religious activities and may not maintain information concerning an inmate’s religious activities other than records required for administrative purposes.

DOC 309.61(1)(d) (d) To the extent feasible, institutions shall make facilities and other resources available to inmates for religious practices permitted under sub. (2).

DOC 309.61(2) (2) Inmate participation in religious practices.

DOC 309.61(2)(a) (a) An inmate who wants to participate in religious practices that involve others or that affect the inmate’s appearance or institution routines shall submit a written request to the superintendent for permission to participate in specific religious practices. The request shall include a statement that the inmate professes, or adheres to, a particular religion and shall specify the practices of the religion in which the inmate requests permission to participate.

DOC 309.61(2)(b) (b) Upon receipt of the request, the superintendent, with the assistance of the chaplain or designated staff person with appropriate religious training, shall determine if the request is motivated by religious beliefs.

DOC 309.61(2)(c) (c) In determining whether the request is motivated by religious beliefs, the superintendent may consider:

DOC 309.61(2)(c)1. 1. Whether there is literature stating religious principles that support the beliefs; and

DOC 309.61(2)(c)2. 2. Whether the beliefs are recognized by a group of persons who share common ethical, moral or intellectual views.

DOC 309.61(2)(d) (d) In determining whether the request is motivated by religious beliefs, the superintendent may not consider:

DOC 309.61(2)(d)1. 1. The number of persons who participate in the practice;

DOC 309.61(2)(d)2. 2. The newness of the beliefs or practices;

DOC 309.61(2)(d)3. 3. The absence from the beliefs of a concept of a supreme being; or

DOC 309.61(2)(d)4. 4. The fact that the beliefs are unpopular.

DOC 309.61(2)(e) (e) If the superintendent determines that the request is not motivated by religious beliefs, he or she shall deny the request.

DOC 309.61(2)(f) (f) If the superintendent determines that the request is motivated by religious beliefs, he or she shall grant permission to participate in practices that are consistent with orderly confinement, the security of the institution and fiscal limitations.

DOC 309.61(2)(g) (g) The superintendent shall establish guidelines consistent with this section to govern inmate participation in religious practices and the guidelines shall be posted in a conspicuous place or distributed to all inmates.

DOC 309.61(3) (3) Religious services and prayers. To the extent feasible, each superintendent, upon the recommendation of the chaplain or designated staff person with appropriate religious training, shall arrange the institution’s schedule so that inmates may attend religious services, pray or meditate at the times prescribed or encouraged by their religion.

DOC 309.61(4) (4) Chaplains.

DOC 309.61(4)(a) (a) The superintendent may employ one or more chaplains to coordinate and supervise the institution’s religious programs.

DOC 309.61(4)(b) (b) The chaplain shall hold services, provide counseling and provide other pastoral services or shall arrange for other qualified persons to provide these pastoral services.

DOC 309.61(4)(c) (c) The chaplain or designated staff person with appropriate religious training shall develop and maintain close relationships with religious resources from outside the institution and shall encourage religious groups from outside the institution to take part in institution religious activities.

DOC 309.61(4)(d) (d) The superintendent, upon the recommendation of the chaplain or designated staff person with appropriate religious training, may permit representatives of religious groups from outside the institution to visit inmates, hold services, provide counseling, perform marriages and provide other services commonly provided by chaplains. The superintendent may compensate these representatives.

DOC 309.61(5) (5) Religious literature. Religious literature transmitted through the U.S. mail or otherwise distributed shall be delivered to inmates unless the security director has reasonable grounds to believe that the literature will jeopardize the safety of the institution or that the literature promotes illegal activity.

DOC 309.61(6) (6) Symbols. Inmates may wear garments, religious medals and other symbols required by their religion, unless this interferes with the identification of inmates or the security of the institution.

DOC 309.61(7) (7) Dietary laws.

DOC 309.61(7)(a) (a) Upon request of an inmate, the superintendent shall provide the inmate with a list of the contents of each meal in advance of the meal.

DOC 309.61(7)(b) (b) To the extent feasible, institutions shall plan meals so that an inmate may maintain a nutritious diet while complying with dietary restrictions prescribed by the inmate’s religion.

DOC 309.61(7)(c) (c) An institution may accommodate inmate requests for special foods for religious observances.

DOC 309.61 History History: Emerg. cr. eff. 6-16-86; cr. Register, January, 1987, No. 373, eff. 2-1-87.