Department of Corrections and Rehabilitation - Operations Manual

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Chapter 5 – Adult Custody and Security Operations

Article 51 – Food Service

Revised July 13, 2010

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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 (CDCRCalifornia Department of Corrections and Rehabilitation Form 3030, “Religious Diet Request,” and CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation Form 3030 Religious Diet Request.

        • Jewish Kosher Diet Program

          • A Jewish Kosher Diet Program (JKDP) shall be established at designated CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation policy and procedures and kosher laws. Oversight responsibilities include:

              • Reviewing each institution’s JKDP annually for compliance with kosher law and CDCRCalifornia Department of Corrections and Rehabilitation 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 10th 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 9th 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 13th day of the Jewish month of Adar.

              • Fast of the 17th of Tammuz – A short fast, from sunrise to sunset of the same day. Observed in early summer on the 17th 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 3rd day of the Jewish month of Tishrei.

              • Fast of 10th of Tevet – A short fast, from sunrise to sunset of the same day. Observed in winter on the 10th 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation Form 3030 Religious Diet Request, for determination by the Religious Review Committee RRC, as described by CCRCalifornia Code of Regulations 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation 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 CDCRCalifornia Department of Corrections and Rehabilitation Form 3030-A, Religious Diet Program Agreement.

      • The incident report must be in writing using a CDC Form 128-B, General Chrono, citing CCRCalifornia Code of Regulations, Title 15, Section 3054. All written reports shall be sent to the appropriate Chaplain who shall make the final determination of continuing eligibility.