Policy Text
Copyright Lexipol, LLC 2024/0 7/01, All Rights
Reserved. Published with permission by Santa Clara
County Sheriff's Office Religious Programs - 1 Policy
1015 Santa Clara County Sheriff's Office
Custody Manual
Religious Programs
1015.1 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).
1015.1.1 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 Office, 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 Office 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 Office 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 Office puts considerable pressure on an incarcerated person to substantially
modify the person's behavior in violation of their beliefs.
1015.2 POLICY
It is the policy of this office 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.
1015.3 STAFF RESPONSIBILITIES
Staff 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 part icipate in religious programs or activities.
Facility 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.
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Copyright Lexipol, LLC 2024/0 7/01, All Rights
Reserved. Published with permission by Santa Clara
County Sheriff's Office Religious Programs - 2 Santa Clara County Sheriff's Office
Custody Manual
Religious Programs
1015.4 CHAPLAIN
The Office shall ensure there is an entity or an individual to serve as the chaplain for the facility. The
chaplain and volunteer chaplains and staff will not attempt to influence an incarcerated person to
change religious preference for faith. The chaplain or authorized designee shall be responsible for
assisting the Facility Commanders with supervising, planning, directing, and coordinating religious
programs. Chaplain duties include but are not limited to:
(a) Coordinating religious services.
(b) Maintaining a list of approved items.
(c) Reviewing requests for religious accommodations.
(d) Providing or arranging for grief counseling for incarcerated persons.
(e) Distributing a variety of religious texts.
(f) Developing and maintaining a liaison with a variety of religious faiths in the community.
(g) Making reasonable efforts to enlist religious leaders from outside the community as
necessary.
(h) Seeking donations for religious programs from the community, when appropriate.
(i) Working with incarcerated person families when requested.
(j) Providing guidance to the Sheriff and the Facility Commanders on issues related to
religious observance.
(k) Reviewing requests for religious diets.
(l) Providing religious items as necessary for worship.
(m) Providing incarcerated persons with information on how to get married in the jail
but shall not perform any marriage ceremony.
The chaplain will have access to all areas of the jail limited only by safety and security concerns.
Under direction of the chaplain, volunteers and contract employees may be used to enhance
the religious programs and services provided to i ncarcerated person s and will be given access to
the jail. All volunteers or contract employees must receive a security clearance through the Office's
Security Clearance Coordinator prior to being allowed access to the jail and shall wear a Visitor's
Clearance Pass while in any of the facilities.
1015.5 RELIGIOUS BELIEFS AND