§ 17-42-101 — Freedom of worship

(1) All persons who are confined to a
correctional facility as defined in section 17-1-102 shall have the right to worship
according to the dictates of their consciences, and such persons shall be afforded a
reasonable opportunity to freely exercise their religious beliefs without fear of
retaliation or discrimination for the free exercise thereof. The practice of religion by
any particular sect may not be curtailed or prohibited unless such practices
threaten the reasonable security interests of the correctional facility.

(2) Upon the request of any inmate, and to the extent practicable and
consistent with reasonable security considerations, religious facilities shall be
made available in a nondiscriminatory manner. Services shall be held and advice
and ministration given within the buildings or grounds of the correctional facility
where the inmate is confined. Attendance at any services so provided shall be
voluntary.

(3) The department shall permit access to objects of a religious nature
where possession of such objects would not unduly burden the reasonable security
interests of the correctional facility. Prison officials shall accord appropriate
respect for sacred objects. When the reasonable security interests of the
correctional facility necessitate the inspection of any sacred object, such
inspection shall be done visually.

(4) In order to provide for and attend to the spiritual needs of inmates, the
department shall permit inmates to consult with and receive spiritual advice and
ministration from a spiritual leader.

(5) This section shall not require the department of corrections to construct
additional facilities, remodel or reconfigure existing structures, or hire additional
employees to meet the directives of this section.

Legislative History

Source: L. 92: Entire article added, p. 250, � 1, effective May 26.