§ 1-07 Religion.
RCNY § 1-07
(a)Policy. People in custody have an unrestricted right to hold any religious belief, and to be a member of any religious group or organization, as well as to refrain from the exercise of any religious beliefs. A person in custody may change his or her religious affiliation.
(b)Exercise of religious beliefs.
(1)People in custody are entitled to exercise their religious beliefs in any manner that does not constitute a clear and present danger to the safety or security of a facility.
(2)No employee or agent of the Department or of any voluntary program shall be permitted to proselytize or seek to convert any person in custody, nor shall any person in custody be compelled to exercise or be dissuaded from exercising any religious belief.
(3)Equal status and protection shall be afforded to all people in the exercise of their religious beliefs except when such exercise is unduly disruptive of facility routine.
(c)Congregate religious activities.
(d)Religious advisors.
(e)Celebration of religious holidays or festivals. Consistent with the requirements of paragraph (b)(1) of this section, people shall be permitted to celebrate religious holidays or festivals on an individual or congregate basis.
(f)Religious dietary laws. People in custody are entitled to the reasonable observance of dietary laws or fasts established by their religion. Each facility shall provide people with food items sufficient to meet such religious dietary laws.
(g)Religious articles. Consistent with the requirements of paragraph (b)(1) of this section, people in custody shall be entitled to wear and to possess religious medals or other religious articles, including clothing and hats.
(h)Exercise of religious beliefs by people in restrictive housing.
(i)Recognition of a religious group or organization.
(4)In determining requests made pursuant to paragraph (3) of this subdivision, the following factors among others shall be considered as indicating a religious foundation for the belief: (i) whether there is substantial literature supporting the belief as related to religious principle; (ii) whether there is formal, organized worship by a recognizable and cohesive group sharing the belief; (iii) whether there is an informal association of persons who share common ethical, moral, or intellectual views supporting the belief; or (iv) whether the belief is deeply and sincerely held by the person making the request.
(5)In determining requests made pursuant to paragraph (3) of this subdivision, the following factors shall not be considered as indicating a lack of religious foundation for the belief: (i) the belief is held by a small number of individuals; (ii) the belief is of recent origin; (iii) the belief is not based on the concept of a Supreme Being or its equivalent; or (iv) the belief is unpopular or controversial.
(6)Before the Department determines a request made pursuant to paragraph (3) of this subdivision, the requestor shall be permitted to present evidence indicating a religious foundation for the belief.
(7)The procedure outlined in paragraphs (1) and (3) of this subdivision shall apply when a request made pursuant to paragraph (i)(3) of this subdivision is denied.
(j)Limitations on the exercise of religious beliefs.
(ii)The Department and any person affected by the determination may submit to the Board for its consideration any relevant material in addition to the written determination.
(iii)The Board or its designee shall issue a written decision upon the appeal within fourteen (14) business days after receiving notice of the requested review. (Amended City Record 6/9/2021, eff. 7/9/2021; amended City Record 6/28/2024, eff. 7/28/2024)
