(a)An individual in custody of a state or local detention facility shall have the right to religious accommodation with respect to grooming, religious clothing, and headwear in observance of their sincerely held religious belief, at all times and throughout the facility, except if in furtherance of a compelling governmental interest with regard
to institutional security that may impact the facility, staff, the individual, or others in custody. Religious grooming, clothing, and headwear accommodations shall only be denied when doing so would be the least restrictive means of furthering these governmental interests. This subdivision applies to each provision throughout this section.
(b)A facility shall
do all of the following:
(1)
(A)During the initial booking, intake, and cla
Free access — add to your briefcase to read the full text and ask questions with AI
(a)
An individual in custody of a state or local detention facility shall have the right to religious accommodation with respect to grooming, religious clothing, and headwear in observance of their sincerely held religious belief, at all times and throughout the facility, except if in furtherance of a compelling governmental interest with regard
to institutional security that may impact the facility, staff, the individual, or others in custody. Religious grooming, clothing, and headwear accommodations shall only be denied when doing so would be the least restrictive means of furthering these governmental interests. This subdivision applies to each provision throughout this section.
(b)
A facility shall
do all of the following:
(1)
(A)
During the initial booking, intake, and classification process, facility staff shall ask each individual entering into their custody whether the individual practices a sincerely held religious belief that requires accommodation with respect to grooming, religious clothing, or religious headwear.
(B)
The facility shall allow the individual in custody to purchase facility-issued, for local facilities, or department-approved, religious clothing and headwear or provide access, as defined in subdivision
(c). If unavailable, the facility shall allow the individual to retain their religious clothing and headwear unless subdivision (a) applies, until facility-issued, for local facilities, or department-approved, religious clothing and headwear can be accessed or purchased. If purchased by an individual in custody, the price of facility-issued religious clothing and headwear shall not exceed the purchase price and normal taxes of the items.
(C)
The
facility shall not require an individual’s hair or beard be trimmed or cut during the booking, intake, or classification process and shall allow the individual in custody to maintain their hair and beard length according to their sincerely held religious beliefs.
(2)
Unless exigent circumstances exist, when an individual in custody wearing religious clothing or headwear is searched, the facility shall do all of the following:
(A)
Staff shall offer the individual in custody the opportunity to have this search conducted
by members of the same gender and out of view of members of a differing gender.
(B)
Following the search, staff shall
return to the individual in custody, any religious clothing or headwear purchased, accessed, or retained pursuant to subparagraph (B) of paragraph (1), unless there is reason to confiscate the item due to a security risk, which shall be documented.
(c)
For purposes of this section, the following definitions apply:
(1)
(A)
For local facilities, “access” means making available religious clothing and headwear received through facility-approved vendors, outside donations, or items already issued or provided by the facilities.
(B)
For state facilities, “access” means making available religious clothing and headwear received through department-approved vendors.
(2)
“Individual in custody” means a person confined to a state or local detention facility, including, but not limited to, a person in the booking process; in temporary holding pending release, transfer, or appearance in court; during or awaiting trial proceedings; awaiting arraignment;
sentenced to imprisonment; and imprisoned upon conviction.
(3)
“Local detention facility” has the same meaning as defined in subdivision (b) of Section 4027.
(4)
“Religious grooming” should be construed broadly to include
all forms of head, facial, and body hair that are part of an individual religious observance.
(5)
“Religious clothing and headwear” includes a hijab, kufi, scarf, yarmulke, patka, turban, bandana, and modesty belief with regard to fully covering the arms and legs.
(d)
This section applies without regard to whether the facility is operated pursuant to a contract with a private contractor and without regard to whether the individual in custody has been charged with or convicted of a crime.
(e)
The Department of Corrections and Rehabilitation may promulgate regulations necessary to implement this section, including, but not limited to, establishing standards for department-approved items, expanding the items included in religious clothing and headwear, restricting locations, and establishing any additional limitations.
(f)
An incarcerated person who believes their request for a religious accommodation as described in this section has been denied has the right to pursue relief pursuant to Chapter 21C (commencing with Section 2000cc) of Title 42 of the United States Code, known as the Religious Land Use and Institutionalized Persons Act.