SOP 106.13: Native American Guidelines

Division:
Programs/Chaplaincy
Effective Date:
October 1, 2012
Reference Code:
VA01-0013
Topic Area:
106 Policy-Chaplaincy
PowerDMS:
View on PowerDMS
Length:
545 words

Summary

This policy provides guidance to Georgia Department of Corrections facilities regarding approved religious paraphernalia and authorized religious practices for Native American inmates and detainees. It specifies which religious items (such as medicine bags, feathers, shells, and sacred stones) are permitted, establishes restrictions on their size and appearance, and outlines how Native American religious practices and ceremonies may be conducted within facilities. The policy ensures that religious freedom is protected while maintaining security and safety standards.

Key Topics

  • Native American religious practices
  • medicine bag
  • feathers
  • sacred stones
  • religious paraphernalia
  • Native American ceremonies
  • religious freedom
  • RLUIPA
  • chaplaincy services
  • inmate religion
  • First Amendment rights
  • spiritual practices
  • religious accommodation
  • security searches
  • religious study groups
  • Native American inmates

Full Text

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|`Functional Area: `
`Programs/Chaplaincy`|`Reference Number: `
`VA01-0013`|`Revises`
`Previous`
`Effective Date:`
`7/15/2010`|
|`Subject:`
`Native American Guidelines`|
|
|
|`Authority:`
`Owens/Smith`|`Effective Date:`
`10/01/2012`|`Page``1`` of`
`3 `|

I. POLICY:

   To provide guidance regarding approved religious paraphernalia
   and authorized practices.

II. APPLICABILITY:

   All State facilities and Centers.

III. RELATED DIRECTIVES:

   A. United States Constitution, First and Fourteenth
      Amendments.

   B. Religious Land Use and Institutionalized Persons Act of
      2000 (RLUIPA), 42 USC Section 2000cc et seq.

   C. ACA Standards for Adult Facilities 3rd Edition.

   D. Americans with Disabilities Act.

IV. DEFINITIONS:

   NONE.

V. ATTACHMENTS:

   NONE.

VI. PROCEDURE:

   A. Approved Religious Paraphernalia:

      1. Medicine Bag: May possess one medicine bag and the
         size should not exceed 2 inches by 2 inches. It’s
         content are subject to routine security searches. An
         inmate/detainee will make these items available, as

|Functional Area:
Programs/Chaplaincy|Prev. Eff. Date:
7/15/10|Page 2 of
3|
|---|---|---|
|`Functional Area:`
`Programs/Chaplaincy`|`Effective Date:`
`10/01/2012`|`Reference Number:`
`VA01-0013`|

      is the case of personal property. Contents are to be
      treated with professional respect.

   2. Headband: Must be made of cloth and solid color
      white only. It can be worn at any time as long is it
      does not present any safety or security issues. The
      headband must cover no more of the inmate’s head
      than is covered by a standard detail cap. Logos and
      embroidery must be white so the appearance is white
      on white.

   3. Feather: Feathers must have a closed shaft and must
      not be the size and kind that could be used as a
      weapon. May be kept in Medicine bag.

   4. One Small Shell: Any open, shallow type, no bigger
      than 3 inches in diameter. Small one may be kept in
      Medicine bag.

   5. Sacred Stones: Limited to 7 marble sized pebbles.

   6. Native American Books: For teaching and learning.

B. The items approved for use by a Native American inmate
   are to be treated with professional respect, but are
   subject to routine searches. An inmate will make these
   items available as in the case with all other personal
   property. Any Native American items other than those
   specifically approved in this procedure will be
   considered contraband and handled accordingly.

C. Approved Practices:

   1. Any rituals/ceremonies will be handled individually
      in the inmate’s/detainee’s cell or other approved
      location within the facility using only the
      religious paraphernalia authorized in this
      procedure.

   2. Meetings for religious study may be handled through
      special “ministerial” visits or through group study,
      provided a Community Volunteer is available.

   3. A Native American inmate will not attempt to use
      his/her religious practice in order to intimidate or

|Functional Area:
Programs/Chaplaincy|Prev. Eff. Date:
7/15/10|Page 3 of
3|
|---|---|---|
|`Functional Area:`
`Programs/Chaplaincy`|`Effective Date:`
`10/01/2012`|`Reference Number:`
`VA01-0013`|

   threaten another inmate or staff member. Such
   behavior may result in disciplinary action.

4. Any special requests related to the observance of
   special days should be coordinated through the
   Chaplain's office and will require
   institutional/center review and approval. Questions
   concerning the appropriateness of any
   inmate’s/detainee’s request should be directed to
   the Director of Chapalincy.

5. It may be necessary to revise this procedure as the
   need arises. Should you have questions or need
   clarification about the various aspects of the
   Native American, please direct your inquiries to the
   Director of Chaplaincy.

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