Department Operations Manual

54080.14 Institution Religious Diet Program Each institution shall make reasonable efforts, as required by law, to accommodate those inmates who have been determined to require a religious diet. • Within the institution, religious meals shall not be restricted from inmates based on their classification or housing placement. • If a medical diet is ordered for an inmate, it shall take precedence over the religious diet. • Inmates who are transferred shall continue to have the ability to participate in their current religious diet program at the receiving institution, barring medical needs or other extraordinary circumstances. The inmate Central File (C-File) shall contain verification of religious diet participation (CDCR Form 3030, “Religious Diet Request,” and CDCR Form 3030- A “Religious Diet Program Agreement”). • The current Religious Diet Card shall be transferred with the inmate’s property and be provided to the inmate upon the inmate’s arrival. During the initial processing at the receiving institution, staff shall identify the inmate as a participant in a Religious Diet Program and notify the CFM and appropriate Chaplain or designee of the inmate’s arrival. The Chaplain or designee at the receiving institution shall oversee the inmate for continuing eligibility and any compliance violations. • Each institution shall provide ongoing religious awareness training for custody and food service staff, and others as appropriate. This may be provided in regularly scheduled In-Service Training, Equal Employment Opportunity training, or on-the-job training. • No staff may disparage an inmate’s religion or religious views, or attempt to dissuade an inmate from participating in the Religious Diet Program. • Early call may be used, and is encouraged, for serving religious diets. • The Religious Diet Program will consist of three distinct options: • A vegetarian diet program. • A Jewish kosher diet program. • A religious meat alternate program Vegetarian Diet Program Vegetarian meals shall be available at all CDCR institutions statewide. Institution vegetarian meals shall be lacto-ovo vegetarian (includes dairy products and eggs), and may contain fish when it appears on the menu. Inmates with determined religious, personal, or ethical dietary needs and showing a Religious Diet Card shall be provided with an approved vegetarian protein alternate, often from that same days’ scheduled meal. Inmates may participate in the program, by submitting to any appropriate Chaplain a CDCR Form 3030 Religious Diet Request. Jewish Kosher Diet Program A Jewish Kosher Diet Program (JKDP) shall be established at designated CDCR institutions statewide, for Jewish inmates desiring to practice Jewish kosher law. • Each designated institution with a JKDP shall endeavor to have a Jewish Chaplain or Rabbi employed at all times. In the absence of an employed Jewish Chaplain, the institution shall either make arrangements to utilize the services of a CDCR Jewish Chaplain from a neighboring institution, or consult with the Boards of Rabbis of Northern or Southern California to administer the JKDP. • Institutions that have an operational JKDP but have a vacant Jewish Chaplain position shall fill the position as soon as possible, but shall continue to operate the JKDP. However, no inmates will be added to the JKDP in those institutions unless they meet either criteria below: • The inmate has already been approved by a Jewish Chaplain to participate in the JKDP at another institution; or • A CDCR Jewish Chaplain from a neighboring institution, or a consultant from the Boards of Rabbis of Northern or Southern California approves the inmate. • Only Jewish inmates, as determined by a Jewish Chaplain, may participate in the JKDP. • If a Jewish inmate is housed at an institution that does not have a JKDP, he/she may, upon request, be considered for transfer to another institution that meets their kosher need and classification. • The JKDP is offered solely in designated institutions. Therefore, prior to referral to a classification committee, the assigned counselor at the sending institution shall contact the receiving institution’s CFM to ensure that the receiving institution has an operational JKDP. Classification committees shall ensure that, barring medical needs or other extraordinary circumstances, the inmates currently participating in the JKDP are transferred only to those institutions that currently have an operational JKDP. If an exception is made by classification committee and the recommendation for transfer is not to an institution with a JKDP, reasons for the exception will be fully documented in the CDC Form 128-G, Classification Chrono. • Only a Jewish Chaplain, Rabbi, representative(s) of the Boards of Rabbis of Northern or Southern California, or their designee shall have the authority to administer, oversee, and approve participation in and removal from the JKDP. • Each designated institution shall arrange for appropriate training for all inmate workers, and custody and food service employees involved in the supervising, ordering, preparation, and serving of Jewish kosher meals. • The observance of Passover constitutes a single religious event requiring kosher Passover foods be provided during the eight days of observance. • All designated institutions shall adhere to the CDCR standardized Jewish kosher menus and approved procedures for purchasing, preparing, and serving Jewish kosher meals. • The JKDP shall otherwise be administered in accordance with the provisions of this Article. Oversight Responsibilities A Jewish Chaplain, Rabbi, representative(s) of the Boards of Rabbis of Northern or Southern California, or their designee shall oversee the JKDP in order to assure the program is following CDCR policy and procedures and kosher laws. Oversight responsibilities include: • Reviewing each institution’s JKDP annually for compliance with kosher law and CDCR policy. Results of the review shall be provided to the CFM. Observance of Jewish Fasting Days Inmates participating in the JKDP shall have the option to fast on a recognized Jewish fasting day, for the period required by that day. The Jewish Chaplain will provide food services with a list of those participating at least three days ahead of the intended fast. A Jewish Kosher inmate who chooses to fast will not be provided any regular meals for the recognized fasting day. The fasting inmate will instead be provided with an approved sack meal, to be eaten at the end of the fasting period. The sack meal will be equivalent to two (2) kosher sack lunches. Under no circumstances can the inmate give away, trade, or sell a sack meal. Doing so may result in a compliance violation of the Religious Diet Program Agreement. The following are recognized Jewish fasting days: Yom Kippur (Day of Atonement) – A 25-hour fast, from sunset to the following sunset. Observed in early fall on the 10 th day of the Jewish month of Tishrei. Fast of Tisha B’Av – A 25-hour fast, from sunset to the following sunset. Observed in the late summer on the 9 th day of the Jewish month of Av. Fast Of Esther – A short fast, from sunrise to sunset of the same day. Observed in early spring on the 13 th day of the Jewish month of Adar. Fast of the 17 th of Tammuz – A short fast, from sunrise to sunset of the same day. Observed in early summer on the 17 th day of the Jewish month of Tammuz. Fast of Gedaliah – A short fast, from sunrise to sunset of the same day. Observed in the early fall on the 3 rd day of the Jewish month of Tishrei. Fast of 10 th of Tevet – A short fast, from sunrise to sunset of the same day. Observed in winter on the 10 th day of the Jewish month of Tevet. Religious Meat Alternate Program A Religious Meat Alternate Program (RMAP), offering meat that has been certified as halal, shall be available at all institutions. Muslim inmates may participate in the program, as determined by a Muslim Chaplain or designee Chaplain. Each institution shall endeavor to have a Muslim Chaplain employed at all times. In the absence of an employed Muslim Chaplain, the institution shall either utilize a designee Chaplain or make arrangements to utilize the services of a CDCR Muslim Chaplain from a neighboring institution. Non-Muslim inmates with a religious dietary need may seek participation in the program by submitting to any appropriate Chaplain a CDCR Form 3030 Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 506 Religious Diet Request, for determination by the Religious Review Committee RRC, as described by CCR Section 3210(d). The RMAP is only offered at the dinner meal. Inmate participants in the RMAP shall receive the vegetarian option at breakfast and lunch. An inmate participant must show his or her religious diet card in order to receive the RMAP or vegetarian option. All institutions will offer standardized departmental RMA items, and will adhere to approved procedures for procuring, and serving the RMA. Each institution shall arrange for ongoing and appropriate training for all inmate workers, and custody and food service employees involved in the supervising, ordering, and serving of the RMA. A designee Chaplain shall: • Oversee the program and determine inmate compliance violations. • Review each institution’s RMAP annually and provide results of the review to the CFM. Participation in a Religious Diet Program A Religious Diet Card will be issued to the inmate by the Chaplain, or their designee. The Religious Diet Card shall follow the inmate if he/she is transferred to another CDCR institution. At each meal, a positive check list will identify the inmates that have received a religious meal. This list may be used to issue a CDC Form 128-B, General Chrono, for Religious Diet Program Non-Compliance. The following CDCR forms shall be used: • Religious Diet Request (used for all religious diet requests) • Religious Diet Program Agreement • Religious Diet Program Agreement – Notice of Non-Compliance • Religious Diet Cancellation Request • Religious Diet Card The Institution chaplain or designee shall document an inmate’s participation in the JKDP, vegetarian diet program or the RMAP using the appropriate CDCR forms (i.e., Religious Diet Card, Religious Diet Request, Religious Diet Agreement, Religious Diet-Notice of Non-Compliance, and Religious Diet Cancellation Request). The completed originals shall be placed in the inmate’s central file (miscellaneous section), as indicated on the forms. Inmate Responsibilities Inmates have the responsibility to: • Complete a CDCR Religious Diet Request form and submit it to the appropriate Institution Chaplain or designee. • Show their Religious Diet Card obtained from the Chaplain or designee when receiving a religious meal. • Follow the conditions in the signed Religious Diet Program Agreement. Chaplain Responsibilities Chaplain means a local Institution Chaplain or their designee representing the religious group. Upon receiving a completed inmate’s “Religious Diet Request” form, the Chaplain, or their designee shall: • Ensure that no more than 30 calendar days shall pass from the day the Chaplain receives the completed “Religious Diet Request” in which a determination of program eligibility is made, and an accepted inmate begins receiving the religious meals requested. • Interview the inmate to explain the three religious diet options, including what the meals consist of. • Determine the inmate’s religious diet eligibility, with one exception: • The RRC shall determine the eligibility of a non-Muslim inmate to participate in the RMAP. When a non-Muslim inmate seeks the RMAP, the Chaplain shall forward the CDCR Form 3030, Religious Diet Request, to the RRC for consideration. • If Religious Diet Program eligibility is determined, explain the Religious Diet Program Agreement. • Have the inmate sign all required documents. Document an inmate’s refusal to sign any of the required documents. • Complete and distribute the Religious Diet Request, and if applicable the Religious Diet Program Agreement as indicated on the forms, within two working days. • Notify the inmate of the decision in writing (by copy of their Religious Diet Request). • Enter pertinent information for each inmate approved to participate in the Religious Diet Program onto a religious diet participant list within 24 hours of approval. Food Service will begin serving those approved for religious meals normally within two days of receiving this notification. • Along with food service staff, regularly monitor the religious diet lists to ensure that all participating inmates are served their religious dietary meals with minimal delay. • Update the list identifying inmate religious diets every 30 days and provide the list to the CFM. • Coordinate with the CFM to determine which dining area will provide the inmate his/her meals. • Provide each approved inmate with a Religious Diet Card. Collect Religious Diet Cards that are no longer valid. • Meet with inmates, giving them the opportunity to respond to allegation(s) of noncompliance with Religious Diet Program. Utilize the Religious Diet Program Notice of Noncompliance form. Monitoring for Religious Diet Program Inmate Compliance Any staff may report an incident of an alleged inmate Religious Diet Program Agreement compliance violation, as described on the CDCR Form 3030-A, Religious Diet Program Agreement. The incident report must be in writing using a CDC Form 128-B, General Chrono, citing CCR, Title 15, Section 3054. All written reports shall be sent to the appropriate Chaplain who shall make the final determination of continuing eligibility. 54080.15

31010.8 Religious Accommodation (a) The need for religious accommodation may arise when an employee’s sincerely held religious beliefs, observances, or practices conflict with a requirement or an essential function of the employee’s work. If a conflict exists between an employee’s religi ous beliefs, observances, or practices and the employee’s work requirements or essential functions, that employee may request a religious accommodation. An employee who seeks a religious accommodation shall make the employer aware of the need for an accommodation. (b) The employer shall consider a request for an accommodation that eliminates the conflict between the employee’s religious beliefs, observances, or practices and the employee’s work requirements or essential functions. (c) An accommodation includes, but it is not limited to, adjustment to the work environment that when reasonable, eliminates a conflict between an employee’s religious beliefs, observances, or practices, and the employee’s work requirements and essential functions. (d) Under the Government Code, section 12926, subdivision (u), an undue hardship is an action requiring significant difficulty or expense. An undue hardship may exist if the requested accommodation creates safety or security risks, conflicts with a Memorandum of Understanding (MOU), or conflicts with state or federal laws. (e) Request for Religious Accommodation (1) An employee in need of a religious accommodation shall make a request and cooperate in good faith with their supervisor, manager, Assistant EEO Coordinator, EEO Coordinator, or hiring authority to provide the necessary information to process the request. The request for religious accommodation should be submitted by an employee in writing, on a CDCR Form 2273, Request for Religious Accommodation, or verbally. (2) The CDCR Form 2273 shall state the specific religious belief, observance, or practice in conflict with specific work requirements or essential functions; it shall explain how the religious belief, observance, or practice conflicts with specific work requirements or essential functions; and it shall state the specific accommodation requested, and explain how the requested accommodation resolves the conflict between the employee’s religious belief, observance, or practice and the employee’s work requireme nts or essential functions. This may also include providing the appropriate and verifiable information from a religious leader within the employee’s religious group. (3) Upon receipt of a CDCR Form 2273, it shall be forwarded to the Assistant EEO Coordinator or EEO Coordinator within two working days. A verbal request for religious accommodation shall be documented in writing by the person receiving the request and delivered to the Assistant EEO Coordinator or EEO Coordinator within 2 working days. The employee shall make a request for religious accommodation at least 15 calendar days prior to the requested accommodation. Failure to submit the request 15 calendar days prior to the requested accommodation may delay the processing of the request for accommodation. 31010.8.1

101060.5 Religious Program Activities The religious programs shall include activities that will encourage inmate participation. The activities may include the following: • Regular and special religious worship services. • Special religious observances of the faith group. • Religious education. • National commemorative services. • Interfaith services. • Meditation services. • Religious literature distribution. • Outside religious group participation. • Self study religious courses. • Speech forums. • Service projects. • Religious interest groups. • Religious societies and organizations. • Participation in community betterment programs. To implement the religious activities program, the Wardens may obtain the following qualified persons: • Muslim, Jewish, Catholic, Protestant chaplains and a Native American Spiritual Leader on a full-time, part-time, or intermittent basis. • Volunteer non-paid community clergy and/or religious or spiritual leader representatives. • Inmates. 101060.6

101060.10 Sacramental Wine and Religious Artifacts Wine and religious artifacts approved by the Warden for sacramental and worship purposes may be brought into the institution. Chaplains shall have prior written approval to purchase and bring into the institution the sacramental wine. The approval, signed by the Warden or designee, shall accompany the wine through the normal security processing of each given facility. The sacramental wine shall be maintained in a specified secured location inaccessible to inmates. The applicable chaplain shall remove the wine on the day of use and maintain control of the wine until the religious ceremony is concluded. The applicable chaplain will then return the unused portion and/or the empty container to the designated secured location. Religious artifacts are those items which American Indians wear on religious/ceremonial occasions and include their tribal designations, personal and religious totems and items which have spiritual significance in their lives. The items may be distinguished by tribal colors and tribal totems. These items include, but are not limited to, the following: • Choker. • Eagle feathers. • Headband. • Wristband. • Medicine bag. o Medicine bags shall be small, constructed of soft leather or other natural material without lining, and shall not exceed 1 1/2 inches in diameter. They are usually worn around the neck or hung from the belt. o After inclusion of the individual's medicine in the bag, it may be either sewn shut or closed with a drawstring in the presence of staff. The medicine bag must be closed in such a manner that will allow for subsequent inspection of its contents. The religious artifacts are not to be confused with items worn strictly for ornamental reasons. The religious leader from the community, the group chairman and the pipe carrier shall submit, in writing to the Warden for approval, the religious artifacts worn by their group. Wearing of the artifacts at times other than during religious occasions, sweat days, and special ceremonies requires approval of the Warden or his/her designee. 101060.11

86060.6 Disclosure of Religious Information Pursuant to GC 8310.3, DAPO staff shall not: • Provide or disclose to federal government authorities information regarding the religious beliefs, practices, or affiliation of any parolee for purposes of compiling a list, registry, or database based on the religious affiliation, national origin, or ethnicity of that person. • Make information from DAPO databases available including any databases maintained by private vendors contracting with DAPO, to anyone or any entity for the purpose of investigation or enforcement under any federal government program compiling a list, registry, or database of parolees based on religious belief, practice, affiliation, national origin or ethnicity for law enforcement or immigration purposes. • Collect information on the religious belief, practice, or affiliation of any parolee except as part of a targeted investigation based on reasonable suspicion that the parolee has engaged in, or has been the victim of, criminal activity, and when there is a clear nexus between the criminal activity and the specific information collected about religious belief, practice, affiliation, or where it is necessary to provide religious accommodations. • Use DAPO resources to investigate, enforce, or assist in the investigation or enforcement of any criminal, civil, or administrative violation, or warrant for a violation, of any requirement that parolees register with the federal government or any federal agency based on religious belief, practice or affiliation. Nothing in this section: • Prohibits DAPO staff from sending to, or receiving from, any local, state, or federal agency, information regarding an individual’s citizenship or immigration status. • Is intended to prevent DAPO staff from compiling aggregate non- personal information about religious beliefs, practice, or affiliation, national origin, or ethnicity, or from exchanging it with other local, state, or federal agencies. • Prevents DAPO staff from assisting, participating with, or requesting participation from federal authorities, so long DAPO as acts in accordance with this section and any other applicable law. 86060.7

54030.10.9 Religious Items (a) Inmates may possess authorized personal religious items in accordance with the RPPM and which are consistent with the six cubic feet limitation. (b) Custody staff shall consult the Religious Review Committee (RRC) when recommending the disapproval of religious items. The RRC shall forward recommended disapproval of religious items to the SRRC. (c) Procedures (1) Religious personal property items can be purchased by an inmate or by a third party from a departmentally approved religious vendor. Purchases by an inmate shall be paid for by utilizing funds from the inmate’s trust account. (2) Items arriving via third parties, or items shipped from other than approved vendors, shall be returned or disposed of in accordance with Subsection 54030.12.2. 54030.10.10

54080.13 Foods for Religious Events Inmate religious groups shall not be permitted more than two events each year where foods with recognized religious significance are provided by the institution in place of the regularly planned meal. These event meals must be verified as specifically connected to a religious event and approved and sponsored by a Chaplain. A Chaplain means a local Institution Chaplain or designee representing the religious group. The cost to the institution of meals for a religious event shall not exceed that of the meal replaced, unless approved by the CFM. Special ceremonial foods that cannot be provided by the institution may be provided through the chaplain or an outside source(s). At least 30 days, but no more than 90 days, prior to the event, the Chaplain of the approved religious group must submit a written request to the institution head or designee, which includes at least the following: • Date of event. • Location of event. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 505 • Proposed menu. • Specific ceremonial foods. • Number of inmates, and when applicable, guests to be served. 54080.14

54030.9.3 Religious Personal Property Vendor Criteria (a) Vendors submitting requests for Department approval as vendors of religious property shall meet the following minimum requirements: (1) All merchandise offered for sale by the vendor is subject to competitor price comparison. Price comparison shall be conducted by the CDCR during initial vendor approval and throughout the length of any agreement based upon advertised catalog prices. (A) Vendors' prices will be compared with non-sale prices on an identical product for product basis. (B) A resulting median price for the specific product will be identified. The vendor’s advertised catalog price shall not exceed the median price by more than 10 percent. (C) If identical items are not located during an extended price comparison, similar items may be relied on as determined by the CDCR. The basis for any price comparison shall be at the sole discretion of the CDCR. (D) Vendors will be notified if the prices of merchandise are in excess of the 25 percent limit. If prices are determined by the CDCR to be excessive, the vendors will be asked to reduce prices within the acceptable price range as determined by the CDCR or remove the item from the catalog. Unwillingness or inability of the vendors to comply with a CDCR price reduction or request for removal within 30 calendar days of notification, shall be cause for termination of any agreement and shall result in disapproval of the vendors to provide services. (2) Vendors shall maintain insurance with Commercial General Liability and Warehouse Legal Liability for a minimum of $1,000,000 per occurrence. (3) Vendors shall possess a valid California city or county business license (if applicable) or if a corporation located within the State of California, incorporation documents or letter from the Secretary of State; or if not a California business, an affidavit the business is in good standing with the state, province, or country in which business is headquartered. (4) Vendors shall provide a self-certified Inventory Report showing a minimum of $25,000 worth (advertised retail value) of merchandise on premises (subject to physical verification by the CDCR). (5) All merchandise purchased by a single order shall be packaged in one single container. Multiple boxes are not permitted. (6) Vendors shall provide copies of CDCR approved catalogs, product sheets and order forms, free of charge, to institutions. Catalogs shall indicate prices for all items and expiration dates of prices. Prices advertised in catalogs shall have a guaranteed minimum term of 12 months. (7) Upon vendor's approval, all catalogs, product sheets, order forms, and web sites shall prominently display the following disclaimer: The California Department of Corrections and Rehabilitation (CDCR) has approved this independent vendor to sell merchandise to inmates and the public. CDCR’s brief review and approval of this vendor was strictly limited to minimum security requirements and general business intent. The CDCR is not affiliated with this vendor and does not guarantee that the vendor will fulfill any obligations, perform as expected, nor permanently remain in business, nor does the CDCR guarantee the vendor’s products in any way . Any purchases from this vendor are at the buyer’s sole risk. The CDCR assumes no liability whatsoever for such purchases, nor any aspect thereof. Any issues or disputes regarding the vendor’s products are the sole responsibility of the buyer and the vendor, and the CDCR is not obligated to mediate or resolve any such disputes. (8) CDCR approved catalog or product sheet shall only present items authorized for purchase by CDCR inmates based upon the RPPM and privilege group. (9) Catalog or product sheet shall identify items allowable by privilege group as identified in the RPPM. (10) Vendors shall require customer to select a privilege group prior to completion of a purchase. The selection of a privilege group shall act to restrict the purchase of merchandise not allowed by the selected privilege group. Refer to the RPPM located in Appendix B for more information. (11) Items listed in catalogs shall regularly be in stock. Catalogs, product sheets, and order forms shall clearly indicate that back orders or substitutions shall not be permitted. In the event that an item is out of stock, a refund will be issued to the purchaser. (12) Two copies of the purchase receipt or shipping invoice shall be included in each package and a copy shall be forwarded to the purchaser if purchased by a non-inmate. (E-mail confirmation is acceptable for orders placed over the Internet.) (13) Maximum allowable package weight is 30 pounds. This weight limit includes merchandise, packing material, and packaging (tare weight). Packages in excess of 30 pounds shall not be accepted and will be returned at the vendor’s expense. (14) The catalogs and web sites shall include the shipping weight of each individual item and a method of calculating the total gross weight of the inmate package as customers are limited to a gross weight of 30 pounds or less. All catalogs and web sites shall clearly inform customer of the 30 pound weight limit. Maximum allowable package dimensions are 24” x 24” x 24”. (15) All packages shall be labeled either Privilege Group A, B, C or D based upon the contents of the package. Privilege Group D packages may only contain items authorized for Privilege Group D. (16) The vendor’s return policy shall be clearly stated in catalogs and on web sites. The CDCR shall not be a party in any dispute between the vendor, inmate or the purchaser. (17) Vendors are responsible to correct any errors in package contents. When an incorrect item is received in a vendor's package, CDCR staff shall verify and may contact the vendors to request a United Parcel Service call tag in order to ship the incorrect item back to the vendors. This does not preclude individual facilities from alternative methods of resolution. (18) Packages containing contraband shipped from the vendors will subject the vendors to removal from the CDCR Approved Inmate Religious Vendors list. (19) Religious oil bottle caps shall be sealed with shrink wrap. Any bottles received without shrink wrap will be disposed of in accordance with Subsection 54030.12.2. (20) Vendors shall conduct pre-employment urinalysis testing on all employees and provide evidence of such on demand. (21) Vendors shall provide names and identification information of all staff on demand. Current state issued driver’s licenses or identification cards are accepted as valid identification. (22) Vendors employing staff possessing felony convictions less than 10 years old shall be disqualified. Vendors employing staff possessing drug-related arrests or convictions less than 5 years old shall be disqualified. (23) Vendors shall be willing to submit to, and cooperate with, frequent CDCR inspections without notice. (24) Vendors shall document staff responsible for filling and shipping orders and maintain the information in the vendor’s packaging and shipping areas. (25) Packages shall be sealed with tamper resistant tape. (26) Approval and use of vendors shall result in no expense to the CDCR. (27) Vendors shall be capable of delivering packages within no more than 10 days after an order is placed. Occasional delays in shipments are understood and will not be reason for disapproval of a vendor. (28) Institution personnel shall maintain a verified copy of the shipping invoice in order to assist in the resolution of any disputes between the vendor and the purchaser. However, all order disputes are solely between the purchaser and the vendor and shall be settled without additional involvement of the CDCR. (29) The statewide CDCR Approved Inmate Religious Vendors list may be reviewed by the Statewide Religious Review Committee (SRRC) and renewed annually. (30) The SRRC may cap the number of religious vendors of like commodities. Selection of vendors may be based upon competitive merchandise pricing, policy compliance and review of vendor previous performance concerns. (31) Vendors shall employ the security shipping measures described in Subsection 54030.9.2. 54030.10

31010.8.2 Evaluation of a Request for Religious Accommodation (a) The Assistant EEO Coordinator or EEO Coordinator shall: (1) Evaluate the request for religious accommodation and request additional information, if necessary. The Assistant EEO Coordinator or EEO Coordinator shall contact the employee requesting the religious accommodation and ask clarifying questions, if needed, regarding the specific religious belief, observance, or practice that conflict with specified work requirements or essential functions, the specific conflict, and the accommodation requested. (2) Consider alternative accommodations, if the accommodation requested creates an undue hardship for the Department. The Assistant EEO Coordinator or EEO Coordinator shall consult with the local Labor Relations Analyst to rule out a conflict between the proposed accommodation and a MOU. If a conflict with a MOU exists, the Assistant EEO Coordinator or EEO Coordinator shall consult with the Labor Relations Analyst to determine if alternatives are available in accordance with the terms of the MOU. (3) Review the information and make a recommendation to the hiring authority regarding the request for religious accommodation. (b) The Hiring Authority shall forward all requests for religious accommodation to OCR for review. OCR shall provide a recommendation to the hiring authority regarding such requests. Upon receipt of the recommendation from the OCR, the hiring authority shall make the final determination. Once a final determination has been made, the hiring authority shall provide a response to the requesting employee, as soon as operationally feasible. 31010.9

101060.6.4 Inmate Attendance Revised October 14, 2009 Inmate attendance in the religious program shall be voluntary. Institution heads shall make every reasonable effort to provide for the religious and spiritual welfare of all interested inmates, including, but not limited to, affording inmates a reasonable accommodation to attend a scheduled Religious Service if they are unable to do so due to conflicting work/education assignments. Reasonable accommodation may include, but is not limited to, modified work schedule, use of accrued time or allowable breaks, granting of a job/assignment change, changes of regular days off, etc. Use of regular accommodation shall in no way adversely impact an inmate’s credit earning status. The use of excused time off (ETO) for routine religious services shall be limited to instances where it is not possible to change the conflicting work/education assignment. For inmates with work assignments outside prison grounds, a reasonable accommodation to attend religious programs shall be limited to an assignment change. Certain assignments may only permit the granting of a job/assignment change as a means of providing reasonable accommodation. This would apply when permitting an inmate to leave the job site is not practical and is unduly burdensome to program operations. Examples include, but are not limited to the following assignments: • Conservation Camps during the course of firefighting efforts. • Community Work Crews. • Other Off-Site Work Details. 101060.7

101060.7 Special Religious Services/Programs Religious services/programs may be conducted in special areas of the institution when an individual or a group of inmates cannot participate or attend the regular institution religious services/programs. The staff chaplain and Native American Spiritual Leader shall be responsible for establishing religious services and instruction for individual inmates housed in a special housing unit. These services shall be coordinated through the unit captain and approved by the associate Warden. 101060.8

62060.8 Religious Services All religious services will be conducted in-cell or in the designated BMU as limited by physical design, local institution security and facility needs. 62060.9

62090.6.4.6 Religious or Cultural Items Attendees are permitted to wear their head covering including those who wish to keep their faces covered during the screening process. If the attendee cannot successfully pass through the metal detector, the attendee will be re-screened using hand-wands and a pat-down search as described above. The only exception to this policy is if the alarm is still unresolved, the attendee may request the opportunity to remove the head covering in a private screening area before custody staff of the same gender to clear security. Religious, cultural, or ceremonial items that pose a risk to the safety of staff or the security of institutions, such as religious knives, swords, etc., are not permitted inside the institution. 62090.6.4.7

101060.8 Location and Use of Chapel Chapel facilities are designated for daily religious uses and programs. Use of the chapels for other than religious activities shall require the approval of the Warden. Wherever feasible, multi-faith chapels or individual chapels for faith groups represented by a substantial number of inmates shall be provided at each facility. Where only one chapel is available, a schedule for the use of the chapel shall be prepared by the staff chaplains and approved by the Warden or designee. Where chapels are not available, the Warden shall designate a suitable area for the religious services and approve the scheduling of services in such temporary facilities. 101060.9

101060.3 Responsibility Wardens are responsible for the religious programs in the institution and conservation camps. They shall meet quarterly with staff chaplains and Native American Spiritual Leaders. The Chief Deputy Warden or an AW, shall provide supervision of the staff chaplains, intermittent chaplains, and part-time chaplains. Staff chaplains shall develop, supervise, and operate their assigned religious programs. 101060.4

101060.6.1 Scheduling of Worship Services Reasonable time for religious services, in keeping with institution security and other normal and necessary operations and activities within the institution, shall be allowed. Insofar as possible, other institutional activities shall not be planned which will conflict with or disrupt scheduled religious services. 101060.6.2

54080.6.1 Vegetarian Diet Program Any inmate with determined religious, personal, or ethical dietary needs may request to participate in the vegetarian diet program. Participation in the vegetarian diet program requires the approval of an institution chaplain. The approval process and administration of the vegetarian diet program will be in accordance with established procedures as defined in DOM 54080.14. 54080.7

101060.2 Purpose The purpose of this Section is to provide guidelines for the religious program. 101060.3

101060.12 Special Foods for Religious Ceremonies See DOM 54080.10 for information. 101060.13

31010.7 Responsibilities (a) Deputy Director, Office of Internal Affairs (OIA) shall establish an Office of Civil Rights (OCR) within OIA. The OCR shall develop policy and provide training to meet the Department’s obligation to ensure EEO and a work environment free of discrimination, harassment, and retaliation. (b) Associate Director, Office of Civil Rights shall: (1) Serve as the department’s EEO Officer. As needed, the Associate Director, OCR reports to the CDCR Secretary on matters related to EEO. (2) Develop and review EEO policies and procedures. (3) Provide statewide direction in the implementation of the Department’s EEO policy and procedures in compliance with state and federal laws and departmental policies to ensure a work environment free of discrimination, harassment, and retaliation. (4) Oversee the statewide discrimination complaint process and provide technical assistance to hiring authorities. (5) Ensure the Department is in compliance with requirements mandated by external state and federal agencies, including California Civil Rights Department (CRD), and the Equal Employment Opportunity Commission (EEOC). (6) Monitor the most sensitive and/or complex cases. (7) Consult with the Office of Legal Affairs when necessary. (8) Conduct research and prepare reports regarding EEO matters. (9) Ensure the Disability Advisory Committee (DAC) and other EEO and Sexual Harassment Prevention workgroups are effectively implemented throughout the Department. (10) Coordinate with the Office of Training and Professional Development in the development and delivery of EEO and Sexual Harassment Prevention training, including monitoring and evaluating the effectiveness of such training. (11) Act on behalf of the Secretary to maintain a department free of discrimination, harassment, and retaliation. (12) Serve as the department’s expert, key advisor, and resource for departmental management regarding EEO or sexual harassment, discrimination or retaliation prevention, workforce diversity matters, and engage with community and advocacy organizations. (c) Office of Civil Rights Staff shall: (1) Review discrimination complaints received by OCR. (2) Provide analysis of discrimination complaints alleging a violation of the CDCR EEO policy. (3) Provide a response to external compliance agencies regarding complaints or requests for information. (4) Develop and conduct EEO and Sexual Harassment Prevention training for CDCR staff and managers. (5) Provide consultation to hiring authorities, EEO Coordinators and Assistant EEO Coordinators on requests for religious accommodation. (6) Assist OIA Special Agents with investigations involving allegations of harassment and/or discrimination. (7) Serve as a liaison between OCR and Hiring Authorities, EEO Coordinators, Assistant EEO Coordinators, EEO Counselors, and field training staff. (8) Coordinate with the Office of Training and Professional Development in the development and delivery of EEO and Sexual Harassment Prevention training, including monitoring and evaluating the effectiveness of such training. (9) Provide EEO program support; ensure the adequacy and accuracy of training materials; identify training needs; and customize training to meet training requirements. (10) Complete the annual Workforce Analysis Report, including goals for persons with disabilities and upward mobility, and other reports related to EEO compliance and regulation. (11) Provide technical assistance to CDCR staff regarding EEO and Sexual Harassment issues, internal and external complaint processes, and completion of forms. (12) Serve as a liaison for the Limited Examination and Appointment Program (LEAP); incorporate LEAP into training programs to encourage hiring of qualified persons with disabilities. (d) The Hiring Authority shall: (1) Ensure compliance with the EEO policy and procedures and applicable state and federal laws by all employees under their authority and take immediate and appropriate course of action as necessary. (2) Ensure that employees under their management or supervision have received EEO and Sexual Harassment training and a copy of the CDCR EEO policy. (3) Ensure discrimination complaints received are referred to, recorded, and reviewed by the EEO Coordinator or Assistant EEO Coordinator and logged in compliance with Department Operations Manual (DOM), Section 31140.13, regardless of the nature of the complaint. (4) Assign appropriate employees to the positions of EEO Coordinator and Assistant EEO Coordinator, equivalent to the level of a Captain, Parole Agent III, Staff Services Manager II or above. (5) When appropriate, the hiring authority may conduct an allegation inquiry in compliance with DOM Section 31140.14. (6) Ensure engagement of interactive process with the requesting employee has occurred. Review requests for religious accommodation and make the final determination regarding such requests. (A) Consult with OCR staff on requests for religious accommodation prior to rendering a final determination. (7) Take disciplinary action pursuant to CDCR DOM, Chapter 3, Articles 14 and 22, and the California Code of Regulations, Title 15, sections 3392 through 3392.10, when necessary, to address violations of the CDCR EEO policy. (8) Inform Complainants, in writing, of the determination and/or disposition of their complaint. At no time should the specifics related to any personnel action related to another employee be shared with the complainant. The notification of the determination and/or disposition of the complaint shall be limited to whether the original complaint is sustained, not sustained, exonerated, or unfounded. (e) The EEO Coordinator and Assistant EEO Coordinator , under the supervision of the hiring authority, shall: (1) Receive discrimination complaints (whether or not they are documented on a Discrimination Complaint Form [CDCR Form 693]) and initiate the discrimination complaint process following the EEO Coordinator’s manual provided by OCR. (2) Review the complaint, including the CDCR Form 693, and collect any other documents submitted or identified by the complainant and EEO Counselor. (3) Provide respondent with a Cease and Desist Letter after initial review, when appropriate, to order the alleged conduct or retaliation to stop and cease. (4) Provide support to the hiring authority regarding EEO policy, complaints, and related concerns. (5) Serve as a liaison between employees and management to help resolve discrimination complaints by discussing problems with employees and appropriate supervisors, by advising employees and by developing appropriate solutions, in consultation with the OCR. (6) Make recommendations for the selection of EEO Counselors to the hiring authority, and provide training, technical assistance, direction, and maintain their contact information. (7) Provide assistance to OCR in coordinating on-site interviews, including interviews conducted by external compliance agencies, and obtaining any requested documents. (8) Receive, review, and evaluate requests for religious accommodation, on behalf of the hiring authority. (9) Gather additional information or documents related to requests for religious accommodation, as needed, to evaluate such requests. (10) Make a recommendation to the hiring authority regarding requests for religious accommodation. (11) Serve as liaison between the employee requesting a religious accommodation and management to determine an appropriate accommodation, if any. (12) Consult with OCR staff on requests for religious accommodation, as needed. (13) Log complaints on the CDCR Form 2140, Internal Affairs Allegation Log, in compliance with DOM Section 31140.13. (14) Serve as a member of the EEO Advisory Committee, as outlined in Section 31010.12, and participate in quarterly meetings (at a minimum) to advise the hiring authority regarding local EEO complaints and training. (15) Attend Annual EEO Coordinator, Assistant EEO Coordinator, and EEO Counselor training conducted by a Training for Trainer (T4T) certified trainer provided by OCR. (16) Be responsible for maintaining complaint files in a locked cabinet and electronic storage with restricted access. (17) Maintain a numbered log system, logging allegations of EEO violations. (18) Provide notification to OCR upon any changes in assignment to the EEO Coordinator, EEO Assistant Coordinator, and EEO Counselors. (f) EEO Counselors , under the supervision of the EEO Coordinator or Assistant EEO Coordinator, shall: (1) Establish and provide an open channel of communication through which employees may discuss complaints. (2) Advise employees of their rights and responsibilities with regard to the internal and external discrimination complaint procedures. (3) Inform employees of the EEO policy and procedures and the discrimination complaint process. (4) Receive discrimination complaints and forward them to the EEO Coordinator or Assistant EEO Coordinator within 24 hours. (5) Conduct the LIP intake interview with the complainant and submit the completed CDCR Form 693 and documentation to the EEO Coordinator or Assistant EEO Coordinator. (6) Assist the EEO Coordinator or Assistant EEO Coordinator, as needed, in gathering information or documentation related to requests for religious accommodation. (7) Serve as a member of the EEO Advisory Committee, as outlined in Section 31010.12, and participate in quarterly meetings (at a minimum). (g) Managers and Supervisors (1) Under the supervision of the hiring authority, all CDCR managers and supervisors shall: (A) Maintain and promote a work environment free from discrimination, harassment, retaliation, and abusive or biased conduct, as defined under this policy. (B) Adhere to the EEO policy and procedures, applicable state and federal law, discrimination complaint process and ensure they are communicated to all employees under their supervision. (C) Take immediate and appropriate action to stop conduct that violates this policy. Ensure that employees under their management or supervision have received EEO and Sexual Harassment Prevention training and a copy of the policy. (D) Advise employees of their rights and the process for filing an EEO complaint. (E) Notify in writing their direct supervisor and the local EEO Coordinator or Assistant EEO Coordinator within 24 hours of becoming aware of conduct that may violate CDCR’s EEO policy. Prepare and submit a memorandum to the EEO Coordinator or Assistant EEO Coordinator within three working days from the date the employee informed the supervisor of the alleged violation. (F) Attend mandated EEO and Sexual Harassment Prevention training. (G) Submit any requests for religious accommodation to the EEO Coordinator or Assistant EEO Coordinator within two working days. (H) Cooperate with the EEO Coordinator or Assistant EEO Coordinator to identify possible accommodations to address requests for religious accommodation. (2) Failure by a manager or supervisor to adhere to the above responsibilities may result in corrective and/or adverse action up to and including dismissal from CDCR. Separate from any action taken by CDCR, managers and supervisors should be aware that their conduct may result in personal civil liability. (h) Employees (1) All CDCR employees shall: (A) Adhere to CDCR’s EEO policy and procedures, applicable state and federal laws, and the discrimination complaint process. (B) Not engage in, condone, tolerate, or leave uncorrected conduct that violates the EEO policy. (C) Report any EEO policy violations to any supervisor or manager. (D) Cooperate with any investigation conducted by OIA or OCR. (E) Attend mandated EEO and Sexual Harassment Prevention training. (2) Failure by an employee to adhere to the above responsibilities may result in corrective and/or adverse action, up to and including dismissal from the Department, regardless of rank, level, or classification. 31010.8