Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.06-005 - Admin Regulation DOC 883 / DCC 7.28 - REPEAL of Chaplaincy Services

Current through Register Vol. 49, No. 6, June, 2024
DOC 883
CHAPLAINCY SERVICES
I.
AUTHORITY.
The Board of Correction and Community Punishment is
		  vested with the authority to promulgate Administrative Regulations by Act 50 of
		  1968, Extraordinary session, as amended; Acts 548 and 549 of 1993, Regular
		  Session (Ark. Code Ann.
		  16-93-1203
		  and
		  12-27-105
		  of 1993).
II.
PURPOSE.
To establish access to religious ministers and materials, and to ensure
		  opportunities for the practice of religion within the Department.
III.
APPLICABILITY.
This
		  Administrative Regulation applies to all staff and offenders of the Department,
		  all ministers and volunteers carrying out their ministry inside the Department,
		  and any spiritual advisor or minister providing ongoing linkage between a
		  religious group and an offender of the Department.
IV.
DEFINITIONS.
A.
Religion.
A set of beliefs
		  and corresponding practices based on sacred writings, and/or having
		  historically established support, which play a central role in the everyday
		  life of a recognizable and cohesive group in society.
B.
Minister.
An individual
		  ordained or otherwise recognized, according to the precepts of the religion
		  represented, qualified to teach religious precepts, provide spiritual counsel,
		  and conduct religious services.
C.
Volunteer.
An individual having the approval of a religious group
		  or authority, approved through the procedures of the Department, and trained in
		  applicable regulations and expectations of conduct to be followed inside the
		  Department, who provides for, or assists in providing for, the religious needs
		  of offenders.
D.
Restrictions.
Generally diminished rights consistent with
		  incarceration and specific limitations on religious conduct deemed necessary to
		  meet legitimate penological interests.
E.
Offenders.
Persons sentenced
		  to the Department of Correction or persons sentenced to the Department of
		  Correction for judicial transfer to the Department of Community Punishment or
		  confined in a community punishment center as a condition of probation,
		  suspended imposition of sentence or post prison transfer.
V.
POLICY.
It is the policy of
		  the Department to allow offenders access to the opportunities and means to
		  learn about religions and to practice a religion of choice, without undue
		  restriction.
VI.
PROCEDURES.
A. Chaplaincy
		  Services shall establish and review annually a policy and procedures manual
		  guiding ministers and volunteers regarding religious practices within the
		  Department.
B. Any restrictions to
		  be placed on the practice of religion will be approved by an ad hoc committee
		  comprised of the Director's staff and the Administrator of Chaplaincy Services.
		  A representative of the affected religion will be afforded the opportunity to
		  present the case against the restriction. The committee will make a
		  recommendation for the approval of the Director.
C. Wherever restrictions are necessary, the
		  least severe acceptable restriction will be used, and a substantive equivalent,
		  if available and not imposing an undue burden on Department officials, will be
		  provided for the restricted activity.
D. Any religious activity which involves
		  inflammatory statements about the characteristics, beliefs practices of another
		  group, threats against the order and safety of the facility, or instigation of
		  conflict among the group members which compromises the safety of the group or
		  the safety of others may be curtailed immediately with the approval of the
		  senior security officer on duty.
E.
		  Restrictions of religious practice may be placed on clearly defined groups of
		  offenders, based on their security status and the breach of security that
		  allowing those practices would entail. Such restrictions shall apply evenly to
		  all offenders of the same security status. And, where consistent with good
		  security, alternative opportunities for the practice of religion shall be
		  afforded.
F. The Department shall
		  show no favoritism toward, nor selectively impose restrictions against, a
		  particular religion. However, the burden for demonstrating that an unusual,
		  illogical or unorthodox set of practices does have scriptural, historical and
		  consensual validity as a religion, is placed upon the offender.
G. Participation in religious activities
		  shall be voluntary. Participation in some activities may be restricted, where
		  canon law or the tenets of the religion demand such restriction. Any
		  restrictions imposed must be registered with the Administrator of Chaplaincy
		  Services or appropriate staff and have prior approval.
H. Fasts or dietetic restrictions are
		  permitted. Additional or substitutional food items require prior approval
		  through the Administrator of Chaplaincy Services or appropriate staff. Food or
		  beverage items that would otherwise be contraband must have prior approval of
		  the Director. Blanket approval may be given and regulations set by the
		  Administrator of Chaplaincy Services or appropriate staff.
I. The Department shall not furnish religious
		  materials. Access to purchased or donated religious materials may be arranged
		  through the Administrator of Chaplaincy Services or appropriate state, in
		  consultation with the appropriate Deputy or Assistant Director.
J. Application for approval of visits by
		  spiritual advisors should follow normal visitation procedures. Special visits
		  should be channeled through the senior chaplain of the facility who will make a
		  recommendation to the warden/center supervisor.
K. Notification to offenders of family
		  emergencies and notification to families of offender mishaps shall involve the
		  Chaplaincy Services.
VII.
REFERENCES.
ACA Standard
		  3-4459; 3-4460; 3-4461; 3-4300. Act 8 of 1988. Act 23 of 1988.
Board Approval Date: 2/17/94
Reference: AD 92:28; AD 91:34; AD 90:15
Effective Date: 3/10/94