PRINTER'S NO. 2827
No. 2268 Session of 1993
INTRODUCED BY LaGROTTA, STABACK, THOMAS, M. COHEN, HERSHEY,
CIVERA, PISTELLA, MELIO, YEWCIC, SCRIMENTI, CARN, BELFANTI,
KIRKLAND AND TRELLO, NOVEMBER 24, 1993
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 24, 1993
AN ACT
1 Providing for the rights of prison inmates in relation to
2 religious observances.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Inmate
7 Religious Rights Law.
8 Section 2. Legislative findings and intent.
9 (a) Findings.--The General Assembly finds as follows:
10 (1) That religious leaders can assist in the
11 rehabilitative process by motivating personal change and
12 growth through religion.
13 (2) That inmates often have difficulty facing the
14 reality of their situation and therefore turn to religion in
15 efforts to address their actions and resulting confinement.
16 (3) That it is in the best interest of the Commonwealth
17 to assist in the rehabilitation of inmates through available
1 means such as voluntary and sincere religious practice.
2 (b) Intent.--The intent of this legislation is to ensure
3 than each inmate's constitutional right to practice his religion
4 is upheld, subject only to restrictions necessary to maintain
5 institutional security and order; that each inmate shall have
6 the opportunity to voluntarily participate in religious
7 services; and that each inmate has access to religious resources
8 and counseling.
9 Section 3. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Correctional facility" or "facility." A State or local
14 prison, jail or correctional facility where criminal sentences
15 are served. The term excludes a holding or temporary detention
16 area operated by a municipality, a police department or the
17 courts.
18 "Eligible inmate." General population inmate.
19 "Personal grooming." Hair style and facial hair.
20 "Religious artifact." The term shall include, but not be
21 limited to, the following: yarmulkes, candles, miniature
22 statues, pipes, medicine bundles, simple head bands, feathers
23 and small stones.
24 "Religious ceremony." The term shall include, but not be
25 limited to, communion, confession and sweat lodge ceremony. The
26 term shall not include any ceremony which uses controlled
27 substances.
28 "Religious diet." A religious recognition of a prohibition
29 or customary partaking of specific foods or food types. The term
30 shall include, but not be limited to, the prohibition of red
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1 meat or pork, on certain days, or of nonkosher foods.
2 "Religious leader." An individual who is recognized as a
3 religious leader by an organized religious group and has
4 contacted the institutional clergy at the facility.
5 "Religious literature." Any written material which addresses
6 religion.
7 "Religious medal." A medal that may be worn around the neck
8 or pinned to fabric which is directly related to the inmate's
9 personal faith.
10 "Religious observance." The practice of recognizing a
11 specific date or day as holy and subject to special guidelines
12 for personal conduct.
13 "Religious persecution." Persecution for following a certain
14 religion and resulting in the loss of dignity, privileges,
15 property or sense of personal security.
16 "Religious service." A voluntary service, the purpose of
17 which is to further religious teachings or beliefs through
18 fellowship, prayer or ceremony.
19 Section 4. Religious rights.
20 Each correctional facility shall ensure that eligible inmates
21 have the opportunity to:
22 (1) Attend regularly scheduled religious services.
23 (2) Have access to religious literature.
24 (3) Partake in faith-specific religious ceremonies or
25 customs.
26 (4) Possess religious artifacts.
27 (5) Follow faith-specific religious diets.
28 (6) Receive personal religious counseling from a
29 religious leader of their specific faith.
30 (7) Maintain religious customs of personal grooming.
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1 (8) Wear religious medals.
2 (9) Recognize and participate in religious observances.
3 (10) Be free from religious persecution.
4 Section 5. Security considerations.
5 Each facility shall adhere to the provisions of this act
6 except when reasonable and clear security concerns arise. In
7 such an event, the facility shall, to the best of its ability,
8 make alternate arrangements which are the least restrictive upon
9 the religious freedom of the inmate.
10 Section 6. Responsibilities of institutional chaplain.
11 The responsibilities of the designated institutional chaplain
12 shall include, but not be limited to, the following:
13 (1) To determine if the religious practices sought by
14 any eligible inmate are based on a bona fide religious
15 doctrine held sincerely by the inmate and to recognize the
16 practice.
17 (2) To ensure that all inmates have ample opportunity to
18 practice their religious faith and assist in the practice of
19 each faith by seeking out religious leaders of each faith and
20 being familiar with the doctrine of each religious faith
21 represented in the correctional facility.
22 (3) To represent the religious interests of each inmate
23 to the correctional facility's administrator and staff.
24 (4) To receive and record requests for religious
25 practice as provided for in section 4 and record reasons for
26 disapproval or disapproval of request.
27 Section 7. Effective date.
28 This act shall take effect in 90 days.
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