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Enforcing Religious Freedom in Prison
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Editors: Quentin Willems
Book Description:
Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Religious Freedom Restoration Act (RFRA), and the Civil Rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prison officials, including cost, staffing, and, most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as the courts. The United States Commission on Civil Rights examined the legal foundation of prisonersí religious exercise rights, and the rules and guidelines related to religion in federal and state prisons and jails. It also researched the mechanisms federal and state prisons and jails use to facilitate religious requests (where feasible), and to record and process prisoner grievances related to religious exercise. This book focuses on the governmentís efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

Table of Contents:
EXECUTIVE SUMMARY

CHAPTER 1: INTRODUCTION AND OVERVIEW;pp. 1-8

Methodology

Ascertaining Religious Needs and Accommodations

Incidents of Alleged Religious Discrimination

Federal Enforcement of Prisonersí Religious Rights

Legal Background

I. First Amendment

II. Civil Rights of Institutionalized Persons Act of 1980

III. Religious Freedom Restoration Act of 1993

IV. Religious Land Use and Institutionalized Persons Act of 2000

V. State Religious Freedom Restoration Acts

VI. Prison Litigation Reform Act

Overview of Chapters

CHAPTER 2: PRISONERSí FREE EXERCISE CLAIMS;pp. 9-34

Religious Diversity of Incarcerated Persons

Meeting the Religious Needs of Incarcerated Persons

Chaplains, Religious Volunteers, and Faith-Based Organizations

Magnitude of Prisonersí Religious Grievances

Religious Grievances Filed in Federal Prisons

Religious Grievances Filed in State Prisons

Religious Grievances Filed in County Jails

Religious Complaints Filed with the U.S. Commission on Civil Rights

Nature of Religious Grievances

Nature of Religious Grievances in Federal Prisons

Nature of Religious Grievances in State Prisons

Inmate Complaints Alleging Religious Discrimination Reported to Commission

Views of Nonprofits Regarding Religious Accommodation in Prisons

Views of Prison Officials Regarding Accommodation of Inmatesí Religion

National Security Considerations and their Impact on Prisonersí Free Exercise

Prison Litigation Reform Act of 1996 and Burdens on Free Exercise

Enforcing Religious vi Freedom in Prison Summary

CHAPTER 3: THE DEPARTMENT OF JUSTICEíS ENFORCEMENT OF PRISONERSí
FREE EXERCISE RIGHTS;pp. 35-67

Department of Justiceís Civil Rights Division

Special Litigation Section

Sectionís Role, Authority, and Responsibilities Regarding Religious Issues in Prisons

Special Litigation Sectionís Enforcement Activities

Jurisdiction

SPLís Complaints Management System

Case Investigation and Resolution

Technical Assistance, Regulations, and Other Guidance

Other Efforts

Coordination and Review Section

Authority of the Coordination and Review Section to Enforce Religious
Nondiscrimination in Prisons

Enforcement Activities of the Coordination and Review Section

Strategies for Conducting Compliance Reviews of Federal Recipients

Technical Assistance to State Corrections Departments

Office of Justice Programs and its Office for Civil Rights

Office of Justice Programsí Civil Rights Complaints Processing

Office of Justice Programsí Civil Rights Compliance Reviews

Other Enforcement Activities within the Office of Justice Programs

Federal Bureau of Prisons

Bureauís Role, Authority, and Responsibilities for Religious Issues in Federal Prisons

Bureauís Policy and Guidance on Religious Accommodation in Federal Prisons


Bureauís System for Inmates to File Complaints about Religious
Accommodations

Requests through the Chaplain

Administrative Remedy Request Program

Outreach to Prisoners on their Religious Rights

Bureauís Training on Religious Accommodation and Discrimination

Training for Chaplains

Training for Prison Staff

Available Technical Materials

Summary

CHAPTER 4: JUDICIAL RESPONSE: ANALYSIS OF CASES ALLEGING RELIGIOUS
DISCRIMINATION IN PRISON;pp. 69-87

The changing face of religion in prison litigation: an examination of legal treatment of religious discrimination claims over time

Religious Land Use and Institutionalized Persons Act

Analysis of Cases

Federal Circuits

Bases of Complaint

United States Participation in Litigation and Representation Status of Litigants

Reason for Denial of Prisoner Request/Complaint

Conclusion

CHAPTER 5: COMMISSIONíS FINDINGS AND RECOMMENDATIONS;pp. 89-127

Findings

Recommendations

STATEMENTS OF COMMISSIONERS

Abigail Thernstrom

Arlan Melendez and Michael Yaki

Gail Heriot Ė Statement and Rebuttal

Abigail Thernstrom Ė Rebuttal

Todd F. Gaziano Ė Rebuttal

APPENDIX A: STATUTORY TEXT;pp. 129-143

Religious Freedom Restoration Act

Civil Rights of Institutionalized Persons Act

Religious Land Use and Institutionalized Persons Act

APPENDIX B: METHODOLOGICAL ISSUES;pp. 145-159

Methodology for Selecting Correctional Institutions and Nonprofit Organizations

Methodology for Selecting Correctional Institutions

Identification and Selection of Purposive Samples

Federal Prisons

Enforcing Religious viii Freedom in Prison
State Prisons

County Jails

Correctional Institutions Reporting of Inmatesí Religious Affiliations

Methodology for Selecting Advocacy Groups and Faith-Based Organizations

Profile of the Nonprofit Organizationsí Missions

APPENDIX C: RELIGIOUS GRIEVANCES AT SELECTED FEDERAL/STATE
PRISONS, COUNTY JAILS;pp. 161-181

APPENDIX D: SUPPLEMENTAL TABLES FOR ANALYSIS OF RLUIPA CASES;pp. 183-198

Index

   Series:
      Religion and Spirituality
   Binding: Hardcover
   Pub. Date: 2010
   Pages: 6 x 9, 207 pp.
   ISBN: 978-1-60741-809-2
   Status: AV
  
Status Code Description
AN Announcing
FM Formatting
PP Page Proofs
FP Final Production
EP Editorial Production
PR At Prepress
AP At Press
AV Available
  
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Enforcing Religious Freedom in Prison