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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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OREGON YOUTH AUTHORITY

 

DIVISION 480

RELIGIOUS PRACTICE IN FACILITIES (OFFENDER)

416-480-0000

Purpose

(1) The provisions of these rules will be applied to offenders in OYA custody and placed in OYA facilities.

(2) Federal laws allow all persons to hold individual religious beliefs. Offenders in OYA custody maintain this same right. While the OYA will make every reasonable effort to allow offenders to practice the religion of their choice, the OYA may restrict religious practice when:

(a) There is a compelling interest to do so, including but not limited to legitimate security and operational considerations such as safety, health and order; rehabilitation or treatment-related issues; or limitations of resources; and

(b) The imposed limitation is the least restrictive means of addressing the compelling interest.

(3) The OYA will apply the standards of these rules, and resulting policy and procedures, to all faiths to ensure that:

(a) Offenders have reasonable opportunity for religious practice, unless a compelling reason exists to limit such practice;

(b) Religious activities are provided in an orderly fashion through supervision by facility staff, contracted providers, or approved religious volunteers;

(c) Religious programs encourage and foster understanding and respect for the diversity of religious beliefs and practices; and

(d) Religious programs and practices, or any imposed limitations, are consistent with relevant provisions of federal and state regulations.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 4-2002, f. & cert. ef. 1-18-02; OYA 4-2006, f. & cert. ef. 2-17-06

416-480-0010

Religious Program Coordinator

Each OYA facility will designate a Religious Program Coordinator who coordinates religious activities within the facility.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 4-2002, f. & cert. ef. 1-18-02; OYA 4-2006, f. & cert. ef. 2-17-06

416-480-0020

Religious Practice

(1) The OYA will provide offenders the opportunity for reasonable access to religious practice that includes, but is not limited to:

(a) Regular religious services and ceremonies, including access to religious items.

(b) Special ceremonies, holiday services, sacraments, and/or expression including, but not limited to:

(A) Religious requirements relating to head or facial hair consistent with the facility rules on hygiene and grooming.

(B) Wearing or carrying a religious emblem, medal, medallion or other religious item (e.g. medicine pouch, religious medal, rosary, prayer feather).

(C) Burning odor or smoke-producing substances (e.g., sage, sweet grass, and incense).

(D) Individual and group pastoral counseling (in a native language where possible).

(E) Religious or spiritual group meetings.

(F) Religious moral instruction.

(G) Dietary accommodations, including dietary restrictions or special handling of food.

(2) An offender assigned to isolation will be provided the opportunity to practice religion but may not be permitted to participate in group activities, special ceremonies, or other practices that affect safety or security.

(3) Each OYA facility will notify offenders of the schedule of religious activities.

(a) When possible, the facility will accommodate individual religious practice, including practices that call for particular times and/or calendar of lunar dates.

(4) Tobacco products or alcohol are not permitted within OYA facilities. Exceptions may be requested from the OYA Director.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 4-2002, f. & cert. ef. 1-18-02; OYA 4-2006, f. & cert. ef. 2-17-06

416-480-0030

Religious Volunteers

Persons in the community who represent a particular faith or belief may be utilized to provide services within OYA facilities only when prior authorized by the OYA. Such authorization includes, but is not limited to:

(1) Completion of the OYA volunteer application, screening, criminal history review, and training process as defined in OYA rules, policies and procedures; and

(2) Screening of the individual's qualifications to provide religious instruction or activities, including, but not limited to:

(a) Whether the person is ordained, certified, licensed, or equivalent.

(b) Whether the person is affiliated with an established church or religion.

(c) Whether the person has sufficient standing in the religion to provide religious education or guidance.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 4-2002, f. & cert. ef. 1-18-02

416-480-0040

Offender Requests

(1) An offender desiring to participate in a religious activity that is not currently available within the facility may request to do so by submitting to the Religious Program Coordinator a completed request with the following information:

(a) The name of the religion or belief;

(b) The title of religious activity requested; and

(c) A brief description of the religious activity including:

(A) The significance of the activity in the practice of the religion.

(B) How often or under what circumstances the religious activity would be held if it were taking place in the community.

(C) Minimum time and any physical requirements within which the religious activity may take place, including those of any defined segments of the activity.

(D) Any materials that are required for the religious activity and their purpose or use, including a list of any items associated with the religious activity that the offender would retain, if any.

(E) The title (if any), function, and eligibility requirements for participants in the activity.

(F) The name, address, and phone number of a religious representative who can verify the above information.

(2) The Religious Program Coordinator will review the request and consider:

(a) The effects of the request on the safety and security of offenders or staff, and order of the facility.

(b) Available resources to provide the activity.

(c) Alternative means of meeting the request.

(d) Similar practices in other facilities.

(e) Other issues specific to the request.

(3) If no religious representative is available in the facility or among the current group of religious volunteers to conduct a religious activity, the request will be denied until such time as a person becomes available to do so.

(a) The Religious Program Coordinator will seek out an individual from the community to conduct the religious activity, when necessary.

(b) Offenders will not be permitted to lead religious programs.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 4-2002, f. & cert. ef. 1-18-02; OYA 4-2006, f. & cert. ef. 2-17-06

416-480-0050

Religious Designation

(1) Upon intake, an offender may designate any or no religious orientation as a preference.

(2) After this initial declaration of faith, an offender may officially record a change of faith only one time in any subsequent four months.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 4-2002, f. & cert. ef. 1-18-02

416-480-0060

Activity Areas

(1) Each OYA facility will designate an area(s) appropriate for the conduct of approved religious activities.

(2) All areas are subject to search in accordance with OYA rule, policy, and procedure, and in a manner that reflects an awareness of and sensitivity to individual religious beliefs and practices.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 4-2002, f. & cert. ef. 1-18-02; OYA 4-2006, f. & cert. ef. 2-17-06

416-480-0070

Religious Items

Items required for the conduct of a religious activity may be purchased and supplied by the OYA, or donated by a religious representative, religious volunteer, or other approved source at the discretion of the OYA.

(1) All items utilized in religious practices are subject to search by OYA staff prior to introduction into the facility. Staff conducting such search will do so in a manner that reflects an awareness of and sensitivity to the individual religious belief and respect for the objects/symbols used in the religious practice.

(2)(a) Items not approved will be considered contraband and subject to confiscation.

(b) Supplying contraband is a felony, and the OYA will initiate criminal charges against any person committing such crime.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 4-2002, f. & cert. ef. 1-18-02; OYA 4-2006, f. & cert. ef. 2-17-06

416-480-0080

Decision Appeal

(1) The Religious Program Coordinator will send a written decision to the offender. A copy will be sent to the facility Superintendent/Camp Director.

(2) An offender may appeal a decision by submitting a letter to the facility Superintendent/Camp Director within 10 calendar days after receiving the denial. The Superintendent/Camp Director will work with the Facility Services Assistant Director and Director to review the matter.

(a) Whenever there is a conflict between a request for a religious practice and a facility interest, the matter will be resolved by the OYA in consultation with affected parties. When necessary, the OYA will consult with appropriate religious representatives and/or other authorities as needed to clarify issues.

(b) The decision of the OYA Director is final.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 4-2002, f. & cert. ef. 1-18-02; OYA 4-2006, f. & cert. ef. 2-17-06

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