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Policy 1016Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Religious Programs - 1Religious Programs 1016.1 PURPOSE AND SCOPE This policy provides guidance regarding the right of incarcerated persons to exercise their religion and for evaluating accommodation requests for faith-based religious practices of incarcerated persons (15 CCR 1072). 1016.1.1 DEFINITIONS Definitions related to this policy include: Compelling government interest - A method for determining the constitutionality of a policy that restricts the practice of a fundamental right. In order for such a policy to be valid, there must be a compelling government interest, which is necessary or crucial to the mission of the Department, as opposed to something merely preferred, that can be furthered only by the policy under review. Least restrictive means - A standard imposed by the courts when considering the validity of policies that touch upon constitutional interests. If the Department adopts a policy that restricts a fundamental religious liberty, it must employ the least restrictive measures possible to achieve its goal. Religious exercise - Any exercise of religion, whether or not it is compelled by, or central to, a system of religious belief. The key is not what a faith requires but whether the practice is included in the incarcerated person's sincerely held religious beliefs. Substantial burden - For the purposes of this policy, substantial burden means either of the following: •A restriction or requirement imposed by the Department that places an incarcerated person in a position of having to choose between following the precepts of the person's religion and forfeiting benefits otherwise generally available to other incarcerated persons, or having to abandon one of the precepts of their religion in order to receive a benefit. •The Department puts considerable pressure on an incarcerated person to substantially modify the person's behavior in violation of their beliefs. 1016.2 POLICY It is the policy of this department to permit incarcerated persons to engage in the lawful practices and observances of their sincerely held religious beliefs consistent with the legitimate governmental objectives of the facility. 1016.3 STAFF RESPONSIBILITIES Members shall not show favoritism or preference to any religion and will not discriminate or retaliate against any incarcerated person for participating or not participating in any religion or religious practice. Incarcerated persons are not required to participate in religious programs or activities. Santa Ana Police Department Custody Manual Religious Programs Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Religious Programs - 2Facility staff will not allow their personal religious beliefs to influence them in the daily management of the incarcerated person population, particularly as it relates to religious practices. 1016.4 CHAPLAIN The Programs Supervisor shall be responsible for assisting the Jail Administrator with establishing and maintaining relationships with community fath-based services and may be responsible for related duties including but not limited to: (a)Coordinating religious services. (b)Maintaining a list of accepted religious practices that have been approved by the Jail Administrator and ensuring the current list is available to the staff. (c)Processing requests for religious accommodations. (d)Arranging for grief counseling for incarcerated persons. (e)Distributing a variety of religious texts. (f)Making reasonable efforts to enlist religious leaders from outside the community as necessary. (g)Periodically surveying the facility population to assist in determining whether current resources are appropriate for the incarcerated person population. (h)Obtaining guidance to the Jail Administrator on issues related to religious observance. 1016.5 RELIGIOUS BELIEFS AND ACCOMMODATION REQUESTS Incarcerated persons are not required to identify or express a religious belief. An incarcerated person may designate any belief, or no belief, during the intake process and may change a designation at any time by declaring the person's religious belief in writing to the chaplain. Incarcerated persons seeking to engage in religious practices shall submit a request through the established process. Requests to engage in practices that are on the facility's list of accepted practices should be granted. Requests to engage in religious practices that are not on the approved list shall be processed as provided in this policy. All requests for accommodation of religious practices shall be treated equally, regardless of the religion that is involved. Equal and consistent treatment of all religions and religious beliefs shall not always require that all incarcerated persons of the same religion receive the same accommodations. Requests for accommodation of religious practices shall be submitted to a supervisor. In determining whether to grant or deny a request for accommodation of a religious practice, the supervisor will work with the chaplain to determine the sincerity of the religious claim of an incarcerated person. Requests should be denied only if the denial or reason for denial would further a compelling interest of the facility and is the least restrictive means of furthering that compelling interest. Accommodations not granted, either in part or in full, should be promptly forwarded to the Correctional Manager, who, after further consultation with community-based providers and legal counsel as appropriate, should make a determination regarding the request. Santa Ana Police Department Custody Manual Religious Programs Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Religious Programs - 3Accommodations not granted by the Correctional Manager, either in part or in full, should be briefed to the Jail Administrator with the basis for the