103 CMR 471.08
Range of Religious Activities and Services
(1) General Policy. Each institution shall make reasonable efforts to establish and maintain
religious activities and services for all inmates who are affiliated, or wish to become affiliated,
with recognized religious denominations or groups. Approved religious practice and property
items for recognized religious denominations or groups are listed in the Religious Services
Handbook.
(2) Clergy Services. The Superintendent, or designee, and the Institution Chaplains, should
make reasonable efforts to ensure that an accredited representative of an inmate's religious faith
is available to provide formal or informal services to inmates who so request wherever the
inmate is confined within the institution.
(3) Religious Groups. Recognized religious groups or denominations are listed in the Religious
Services Handbook. An inmate who is affiliated with, and wishes to participate in, a recognized
religious group not currently functioning at an institution, should comply with the procedures
outlined in 103 CMR 471.09.
(4) Religious Activities. Each religious group is encouraged to plan its own activities, using
the appropriate community and institution resources. Religious activities include, but are not
limited to: worship, interfaith services, religious instruction, reading and study, religious
discussion groups, and pastoral counseling.
(5) Special Religious Diets.
(a) Inmates whose religion places restrictions on diets should be permitted access to a
special religious diet. However, in limited situations where the institution/Department is not
able to meet all aspects of a special religious diet request due to security and/or facility
limitations, the institution shall make every effort to provide a reasonable accommodation
to the diet request. Requests for special religious diets shall be initiated by interested
inmates, using the Special Diet Request Form, which is available in all inmate libraries. The
form shall be submitted to the Superintendent's designee. To ensure continuity of an inmate's
special religious diet upon transfer to another facility, the information shall be entered into
the designated IMS screen. An inmate's abuse of an approved special religious diet may
result in his or her removal from a special religious diet.
(b) Where religious holidays specify particular dietary requirements (e.g., Passover, month
of Ramadan), special arrangements should be made so that inmates are able to adhere to their
religious beliefs.
(6) Facilities for Services. Adequate space and equipment shall be provided for the conduct and
administration of religious programs. Recognized religious denominations or groups shall be
provided a place for services. Based on security needs, the size of groups at services may be
restricted by the Superintendent or designee.
(7) Scheduling. Institution Chaplains shall post religious program and service schedules in
appropriate housing units to keep inmates and staff informed of religious programs and services.
(8) Special Services. Special religious services may be scheduled with visitors and inmates
with approval of the Superintendent.
(9) Religious Publications. Inmates may have access to approved religious books, magazines,
and newspapers as set forth in 103 CMR 403.00: Inmate Property, and 481.00: Inmate Mail.
Inmates shall not have direct access to the Internet to order religious books.
(10) Inmate Requests for Religious Practices, Programs, Groups or Items Not Currently
Approved. An inmate who requests to participate in a religious practice, program or group not
currently approved, or who requests to possess a religious item not approved in the Religious
Services Handbook or in 103 CMR 403.00: Inmate Property, shall:
(a) Submit a written request, using the Inmate Religious Services Request Form to the
Superintendent's designee. Inmate Religious Services Request Forms shall be available to
all inmates in the inmate library. This process, as set forth herein, shall be the sole
means/mechanism by which an inmate may seek a religious practice, program, group or
religious item not otherwise approved.
(b) The Superintendent's designee shall acknowledge receipt of the request, by providing
a dated copy of the completed request form to the inmate. The Superintendent's designee
shall forward the request to the Superintendent within ten business days.
(c)
The Superintendent shall determine whether the request may be reasonably
accommodated in light of the institution's available resources and security level, and, based
on that determination, shall recommend approval, an alternative, or recommend denial of the
request to the Religious Services Review Committee within ten business days.
(d) The Religious Services Review Committee shall review the inmate's request, and the
Superintendent's recommendation, and then shall approve, modify, or deny the request within
60 business days of receipt. The Religious Services Review Committee has the discretion
to extend the time in which to issue a decision, if additional information about the practice,
program, group or item is required. The Religious Services Review Committee may also
determine that a reasonable alternative will serve to satisfy the request.
(e) The Director of Program Services shall provide the Superintendent with written
notification of the Religious Services Review Committee's decision. The Superintendent
shall ensure that the written notification is provided to the inmate and that the date served is
documented. If the request is denied, the notification shall include the reasons for denial.
Denied requests shall inform the inmate of his or her right to appeal.
(f) An inmate whose request has been denied may appeal to the Commissioner or designee.
The original request must accompany the appeal. The appeal must be filed within ten
business days from receipt of the Religious Services Review Committee's decision.
(g) The Commissioner or designee shall have 30 business days in which to uphold, modify,
or overturn the decision of the Religious Services Review Committee and shall inform the
inmate, Superintendent and Religious Services Review Committee, in writing, of the final
decision on the inmate's request.
(h)
The appeal mechanisms set forth in 103 CMR 471.08(10) shall be the exclusive
administrative remedies by which to appeal from an adverse decision regarding inmate
requests for religious practices, programs, groups or items.