Program Statement 5360.10 at a glance
| Field | Value |
|---|---|
| Program Statement | 5360.10 |
| Subject | Religious Beliefs and Practices |
| Effective / current edition date | October 24, 2022 (OPI: RSD/CSB; approved by Director Colette S. Peters) |
| Change notice | None. The PDF’s header block carries no change notice number, although BOP hosts the file at a _cn filename |
| Supersedes / rescinds | P5360.09 CN-1, Religious Beliefs and Practices (6/12/2015) |
| Governing statute | Religious Freedom Restoration Act, 42 U.S.C. § 2000bb-1 — RFRA, not RLUIPA, is the statute that binds the federal Bureau of Prisons. See “Which statute actually applies” below |
| Governing regulation (28 C.F.R.) | 28 C.F.R. part 548 — “Religious Programs.” Subpart A is [Reserved]; subpart B, “Religious Beliefs and Practices of Committed Offenders,” runs §§ 548.10 through 548.20 (11 sections). The Program Statement also cites 28 C.F.R. § 540.48 |
| Related BP forms | BP-A0822 New or Unfamiliar Religious Components Questionnaire; BP-A1142 Religious Diet Interview; BP-A0700 Notification of Religious Diet Accommodation; BP-A0820 Notification of Inmate Religious Diet Violation; BP-A0200 Special Purpose Order Request – Inmate; BP-A0383 Inmate Personal Property Record; BP-A0301 Authorization to Release Confidential Information; BP-A0331 Authorization to Receive Package or Property; BP-A0777 Credentials of Religious Volunteer; BP-A0778 Credentials of Religious Contractor; BP-A1031 Inmate Emergency Notification Form; BP-A0101 Request for Purchase; and BP-A0148 Inmate Request to Staff |
| Official PDF | PS 5360.10, Religious Beliefs and Practices |
Checked against the BOP policy set · 2026-09-06.
This policy is how the Bureau of Prisons decides what religious practice looks like inside a federal prison — what you can wear, what you can eat, when you can worship, what property you may keep, and how you ask for something the institution does not already provide. It is also, unusually for a prison policy, backed by a federal statute that puts the burden on the government rather than on the person asking.
For the lived side of this — what services are actually offered, what the chapel schedule looks like, what a family can send in — see religious programs in federal prison. This page covers the rule: the authorized items, the diet program, the accommodation request procedure, and the legal standard behind them.
On this page
Which statute actually applies
Almost every page on the internet about prison religious rights cites the Religious Land Use and Institutionalized Persons Act. For someone in a federal prison, that citation is wrong, and getting it right changes which brief you write.
RLUIPA defines “government,” for purposes of its substantive protection of institutionalized persons, as “a State, county, municipality, or other governmental entity created under the authority of a State,” their branches and officials, and “any other person acting under color of State law.” It reaches the United States only “for the purposes of sections 2000cc–2(b) and 2000cc–3” — the burden-of-persuasion and rules-of-construction provisions — not for the substantive rule in § 2000cc-1(a). That is the text of 42 U.S.C. § 2000cc-5(4). The Supreme Court described RLUIPA the same way in Holt v. Hobbs, 574 U.S. 352 (2015), as a statute “which prohibits a state or local government from taking any action that substantially burdens the religious exercise of an institutionalized person.”
The statute that does reach the Bureau of Prisons is the Religious Freedom Restoration Act. 42 U.S.C. § 2000bb-2(1) defines “government” to include “a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States.” And § 2000bb-1 sets the standard:
“(a) In general — Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b). (b) Exception — Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person— (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (c) Judicial relief — A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government.”
The two statutes impose the same test. Holt says so directly: RLUIPA’s section 3 “mirrors RFRA” and “allows prisoners ‘to seek religious accommodations pursuant to the same standard as set forth in RFRA.'” That is why Holt‘s construction of the standard travels. Two of its holdings matter most in a federal prison file. First, the substantial-burden question “asks whether the government has substantially burdened religious exercise …, not whether the RLUIPA claimant is able to engage in other forms of religious exercise” — so “he can still pray in his cell” is not an answer. Second, “[t]he least-restrictive-means standard is exceptionally demanding,” and where many other prisons already allow the practice, “a prison must, at a minimum, offer persuasive reasons why it believes that it must take a different course.”
You can see RFRA’s fingerprints in the Program Statement itself. It states as a program objective that “[t]he Bureau will provide accommodations for religious practices considering the least restrictive alternatives that are consistent with the security and orderly running of the institution,” and it uses the phrase “least restrictive” repeatedly (PS 5360.10 at pp. 1–3). Program Statement language is not law and cannot be enforced as though it were. RFRA can.
The rule itself: what you may wear, eat, and keep
Below are the enumerated lists PS 5360.10 actually contains, reproduced as printed. They are the most-searched and least-available part of this policy.
Religious headwear — worn throughout the institution
“Inmates who have a SENTRY religious preference listed below are authorized to wear the following religious headwear throughout the institution including the SHU, when consistent with security, as follows:”
| Religion | Headwear | Color |
|---|---|---|
| Jewish | Yarmulke | black or white |
| Moorish | Kufi | black or white crochet |
| Muslim | Kufi | black or white crochet |
| Nation of Islam | Kufi | black or white crochet |
| Rastafarian | Crown | multi-colored (red, yellow, green threads running through a black cap) |
| Sikh | Turban | white |
| Native American | Headband | multi-colored |
Limits, as printed: “Headwear worn throughout the institution may not contain graphics or writing. Religious headwear worn throughout the institution may not be altered. Crowns may not have a bill. Headbands can be worn only in a circle, covering the forehead but not the crown of the head. Inmates are authorized three items of religious headwear. Inmates of other faith groups may request religious headwear by submitting a BP-A0822, New or Unfamiliar Religious Components Questionnaire.”
Source: PS 5360.10 at p. 12.
Ceremonial headwear — Chapel only
“In addition, inmates who have a religious preference noted in SENTRY religious preference may wear the following ceremonial headwear in the Chapel. These are not worn to and from the Chapel or in any other area of the institution:”
| Religion | Headwear | Color |
|---|---|---|
| Moorish Temple | Fez | red |
| Odinist/Ásatrú | Hlath (Hlad) | brown with one or more embroidered runes |
“The authorized hlath must contain embroidered runes. Plain headbands without runes are not authorized. Inmates are authorized one item of ceremonial headwear.”
Source: PS 5360.10 at pp. 12–13.
Religious attire for women
“When consistent with security, scarves and head wraps, including hijabs, are authorized for female inmates who have expressed a religious belief to wear such items, including:”
| Religion | Attire | Color |
|---|---|---|
| Jewish | Scarf | black or off-white |
| Moorish | Scarf | black or off-white |
| Muslim | Hijab | black or off-white |
| Nation of Islam | Scarf | black or off-white |
| Rastafarian | Scarf | black or off-white |
| Orthodox Christian | Scarf | black or off-white |
| Native American | Headband | multi-colored |
“Inmates are authorized three scarves or head wraps. The above list is not all-inclusive.” The policy adds that “[j]umper dresses are generally approved for women who seek to wear loose-fitting clothing as an aspect of their religious exercise, so long as the security of the institution is not compromised. Institutions housing females should have a supply of jumper dresses available in the laundry.”
Source: PS 5360.10 at p. 13.
Ceremonial clothing — Chapel services only
“Unless the Warden determines otherwise for specified reasons of safety, security, or good order, the following articles of personal religious clothing can only be worn for services in the Chapel, but not on the compound, housing units or visiting room:”
| Religion | Clothing | Description and color |
|---|---|---|
| Jewish | Kittel | a white prayer robe only worn by men during some holiday services |
| Muslim | Kurta shirt | long, loose, and full length above the ankle worn only by men |
| Native American | Ribbon shirt | a multi-colored shirt worn by men and women during the Pow Wow |
| Wicca | Tabbared | a hoodless poncho or cape, earth brown color, worn by men and women during services |
“Ceremonial Clothing owned by an inmate will not be stored in the Chapel. Baggy pants, including the shalwar, are not authorized. Robes, including the jalabiyya (full-length robe), are not authorized.”
Source: PS 5360.10 at p. 13.
Religious property, ritual underclothing, and the numeric limits
| Item | The rule |
|---|---|
| What counts as religious property | “Inmate religious property includes but is not limited to rosaries and prayer beads, oils, prayer rugs, phylacteries, medicine pouches, and religious medallions. Such items, which become part of an inmate’s personal property, are subject to normal considerations of safety and security” (28 C.F.R. § 548.16(a)) |
| Value cap | “No religious item can have a monetary value greater than $100” |
| How to buy it | From commissary or an approved catalog source using the BP-A0200, Special Purpose Order Request – Inmate. “Personal religious items may not be purchased with appropriated funds.” “Inmate personal property may not be stored in the Chapel” |
| Wearing items outside the Chapel | “An inmate ordinarily shall be allowed to wear or use personal religious items and ceremonial garments during religious services, ceremonies, and meetings in the Chapel, unless the Warden determines that the wearing or use of such items would threaten institution security, safety, or good order. Upon request of the inmate, the Warden should allow the wearing or use of religious items throughout the institution, unless inconsistent with considerations of security, safety, or good order” (§ 548.16(b)) |
| Ritual underclothing | “The Temple garments or ritual underclothing are authorized for The Church of Jesus Christ of Latter Day Saints inmates. The tallis katan or tzitzis, a small four-cornered garment, is authorized for Jewish male inmates” |
| Medallions | “Religious necklaces and medallions are worn under clothing except in Chapel areas and may not be altered. Ordinarily, inmates retain only one religious medallion in their personal property” |
| Beaded necklaces | “Yoruba/Orisha/Santeria practitioners may retain up to seven plastic beaded necklaces” |
| Transfers | Items beyond the nationally authorized list “may be approved locally by the Warden, but must be sent home when transferring to another institution. Disposable headwear is made available in Receiving and Discharge for inmates requiring headwear while in transit” |
Source: PS 5360.10 at pp. 11–14; rule text at 28 C.F.R. § 548.16.
The religious diet program
PS 5360.10 calls it the Alternative Diet Program, and it “consists of two distinct components”:
| Component | Text |
|---|---|
| Self-selection | “One component provides for religious dietary needs through self-selection from the main line, which includes a no-flesh option and access to the salad/hot bar (where the salad/hot bar is part of the Food Service Program). In institutions where meals are served in prepared trays, local procedures will be established for providing the no-flesh religious dietary component” |
| Certified processed foods | “The other component accommodates religious dietary needs with nationally recognized, religiously certified processed foods (e.g., halal and kosher). These meals are prepackaged and double wrapped in order to preserve the integrity of the religious certification” |
| Where it is eaten | “Ordinarily, the religious diet program will be served and consumed in the dining hall” |
The process and its clocks:
| Step | The rule |
|---|---|
| The request | “The inmate will submit a written request articulating the religious motivation for participation in the religious diet program” (28 C.F.R. § 548.20) |
| The interview | “Chaplains will ordinarily complete the BP-A1142, Religious Diet Interview form within two working days of receiving the request.” The person reviews and signs a copy and agrees to abide by the program’s requirements; a refusal to sign is documented |
| Notification | The person receives the BP-A0700, Notification of Inmate Religious Diet Accommodation, which is filed in the central file |
| Getting fed | “Under normal operations, within 24 hours of approval, the Chaplain will enter inmates approved to participate in the religious diet program into the SENTRY religious diet participant list. Under normal operations, Food Service will begin serving those approved for the certified processed food line within two days of SENTRY notification” |
| If you are not approved | “Inmates who are not approved for the certified food line may request a re-interview at three-month intervals” |
| Withdrawal and removal | “An inmate who has been approved for a religious diet menu must notify the Chaplain in writing if the inmate wishes to withdraw…. The Chaplain may withdraw approval … if it is documented that the inmate has violated the terms of the religious diet agreement he/she signed” |
| The 30-day clock | “The process of re-approving a religious diet for an inmate who voluntarily withdraws or who is removed ordinarily may extend up to thirty days” |
| The one-year clock | “Repeated withdrawals (voluntary or otherwise), however, may result in inmates being subjected to a waiting period of up to one year” |
| What triggers removal | “Inmates who are observed eating from the main line may be removed temporarily from that religious dietary component. In addition, those who purchase and/or consume non-certified foods from the commissary may also be temporarily removed” |
| Notice of violation | Written notice on a BP-A0820, Notification of Inmate Religious Diet Violation. “Removal is not punitive in nature, but provides an opportunity for the inmate and staff to reevaluate whether the program meets the inmate’s religious dietary needs” |
Source: PS 5360.10 at pp. 17–18; rule text at 28 C.F.R. § 548.20, verified current as of the August 6, 2026 eCFR text.
Ceremonial meals. “An inmate may attend one religious ceremonial meal in a calendar year.” Meals are served in Food Service unless the Warden authorizes otherwise, must be prepared from items on the institution master menus, may not be donated, and may not be catered. Where ritual or traditional foods are purchased, “the total amount per faith group is to be no less than $10 and not greater than $200.” The deadlines are real: “Inmates must submit a BP-A0148, Inmate Request to Staff, to the Chaplain 60 days before the ceremonial meal requesting ritual/traditional foods,” and the Chaplain develops the menu with the Food Service Administrator “at least 45 days before the scheduled date of the observance” (PS 5360.10 at p. 19).
Fasts. For a public fast — “one observed by many faith adherents” — “Food Service will provide a meal nutritionally equivalent to the meal(s) missed,” and bagged meals may be arranged when Food Service is closed. For a personal fast, “no special accommodations need to be made for the meal(s) missed.”
Asking for something that is not on the list
| Step | What happens |
|---|---|
| 1. The form | “Inmates must submit a form BP-A0822, New or Unfamiliar Religious Components Questionnaire, along with relevant supporting documentation, to the institution Chaplain. This form must contain as much information as possible regarding the religious accommodation being requested” |
| 2. Which track | The Chaplain consults a Chaplaincy Services Coordinator, who “can help determine whether the administrative remedy or the BP-A0822 … is more appropriate for the religious issue(s) presented” |
| 3. Local Religious Issues Committee | “The Chaplain will convene a local RIC to review each request for a new or unfamiliar religious practice. Members of the RIC will include other Chaplaincy Services staff, Legal Services, Correctional Services, and any other discipline that may be involved.” Recommendations are documented by memo to the Warden |
| 4. Central Office RIC | “When a recommendation cannot be made locally, a memo requesting Central Office RIC review will be generated to the Assistant Director, Reentry Services Division (RSD) through the Warden, the CSC, and the Regional Director.” The Central Office RIC “will make recommendations to the Warden regarding the least restrictive means to accommodate the inmate’s request” |
| 5. Decision | “The Warden has the discretion to expand or change religious programming at the institution based on the security and orderly running of the institution. The Warden will determine the local disposition of the request” |
Source: PS 5360.10 at pp. 8–9.
Religious preference, holy days, work, and visits
| Subject | The rule |
|---|---|
| Declaring or changing a preference | “The Bureau of Prisons does not require an inmate to profess a religious preference. An inmate may designate any or no religious preference at his/her initial team screening. By notifying the Chaplain in writing, an inmate may request to change this designation at any time, and the change will be effected in a timely fashion” (28 C.F.R. § 548.10(c)). There is no waiting period in the regulation or in the Program Statement for a change of preference — the waiting periods in this policy attach to the religious diet, not to the SENTRY religious preference. The Chaplain “will monitor patterns of changes … to prevent abuse or disrespect” |
| Faith-limited activities | The Warden, after consulting the Chaplain, “may limit participation in a particular religious activity or practice to inmates with the pertinent religious preference when the nature of the activity or practice (e.g., religious fasts, wearing of headwear, work proscription, ceremonial meals) indicates a religious need for such a limitation” (§ 548.10(b)) |
| Congregate services | “Authorized weekly congregate services will be made available for all inmates, with the exception of those detained in any Special Housing Units (SHUs) and Special Management Units (SMUs), and undesignated inmates at the Federal Transfer Center” |
| Language | “[S]ermons, original oratory, teachings and admonitions must be delivered in English, and if delivered by an inmate, require constant staff supervision.” But “[i]nmates may recite formulaic prayers in the language required by their religion, with intermittent staff supervision,” and “[t]he Warden may authorize the delivery of programs in other languages” |
| Holy days | “[T]he warden shall endeavor to facilitate the observance of important religious holy days which involve special fasts, dietary regulations, worship, or work proscription. The inmate must submit a written request to the Chaplain for time off from work.” The Warden “will ordinarily allow an inmate to take earned vacation days, or to make up for missed work, or to change work assignments.” Critically: “The number of days off work for religious holy day observances is not limited to one per year” (28 C.F.R. § 548.18) |
| Work assignment changes | “Inmates must request in writing when they want a change in their work assignments based on their religious beliefs…. The detail supervisor will change the inmate’s job assignment based on religious reasons, in a timely manner, if consistent with the orderly running of the institution” (28 C.F.R. § 548.17) |
| Minister of record | Identified by BP-A0148 to the Chaplain, verified through credentials, a BP-A0301 release, and an NCIC check. “An inmate may only have one minister of record at a time.” The minister of record “will not count against the total number of authorized social visitors,” and where a point system is used, those visits “will not be counted against the total number of visits allowed” (28 C.F.R. § 548.19) |
| Other faith representatives | Accommodated under the visiting regulations and “may be counted against the total number of social visits allowed.” The Warden may limit how many such visits a person receives each month |
| Equity | “No one may harass inmates regarding their religious beliefs, nor coerce inmates into changing their religious affiliations. Attendance at all religious activities is voluntary and, unless otherwise specifically determined by the Warden, open to all” (28 C.F.R. § 548.15) |
Source: PS 5360.10 at pp. 3–6 and pp. 15–16.
What the religious practices policy means for you
If you are the person inside: name the practice, not the category
Put the request in writing and name the practice, not the category. The accommodation machinery in this policy runs on two documents — a BP-A0148 Inmate Request to Staff for things the policy already authorizes, and a BP-A0822 New or Unfamiliar Religious Components Questionnaire for anything it does not. The BP-A0822 is what convenes a Religious Issues Committee, and the policy directs that the form “must contain as much information as possible regarding the religious accommodation being requested.” Describe the specific practice, why your religion requires it, and — this is the part most requests omit — what the least restrictive way to accommodate it would be. The Program Statement instructs staff to look for exactly that.
Get the religious diet interview scheduled and keep the paperwork. The Chaplain is directed to complete the BP-A1142 interview “ordinarily … within two working days,” you sign a copy, and you should receive a BP-A0700 documenting which component you were approved for. If you were not approved for the certified line, you may ask for a re-interview at three-month intervals. If you are removed, you should get a written BP-A0820 first. Keep every one of those forms; a removal fought without the notice that triggered it is a much harder file.
Know the calendar. A ceremonial meal request with ritual or traditional foods has to reach the Chaplain 60 days ahead. A holy day work exemption needs a written request to the Chaplain, and the policy is explicit that you are not limited to one such day per year. Requests filed late are usually denied on timing rather than on substance, and that is an avoidable loss.
If you are a family member: the two things you can do
Almost nothing on this page can be fixed from the outside, but two things can. If your loved one needs a minister of record, that clergy person has to submit their own request and credentials to the Chaplain and consent to an NCIC background check — the person inside cannot do that half of it. Once approved, the minister of record does not count against the visiting list or, where a point system is used, against the visit count, which is a genuine and underused benefit.
The second is documentation of belief. When a request goes to a Religious Issues Committee, supporting material helps: a letter from a clergy person or congregation describing the practice and its requirements, published religious texts, and evidence that other prisons already accommodate it. That last category carries real weight under the legal standard — Holt v. Hobbs says that where many prisons allow a practice, the institution “must, at a minimum, offer persuasive reasons why it believes that it must take a different course.” Send it to the person inside so it can be attached to the BP-A0822 rather than sending it to the Chaplain yourself.
If you are counsel: religious practice
Plead RFRA, not RLUIPA. Section 2000cc-5(4)(A) limits RLUIPA’s substantive “government” to state and local entities and reaches the United States only for §§ 2000cc-2(b) and 2000cc-3, while § 2000bb-2(1) puts federal agencies squarely inside RFRA. The standard is identical, so Holt and the RLUIPA case law are persuasive — but a complaint against the Bureau that pleads RLUIPA as the operative statute invites a threshold motion that costs nothing to file.
Build the record around the two things the government has to prove. RFRA § 2000bb-1(b) places both the compelling-interest and least-restrictive-means burdens on the government, and Holt calls the least-restrictive-means standard “exceptionally demanding.” The most productive discovery is comparative: this policy’s own national lists show that the Bureau already authorizes turbans, kufis, crowns, hijabs, sweat lodges, ritual tobacco, ceremonial meals, and religious oils across its institutions. An institution refusing an analogous item is refusing something its own agency permits elsewhere, and the Program Statement’s Institution Supplement requirements — sweat lodge procedures, religious wine storage, designated indoor and outdoor areas for ritual tobacco — establish that the accommodations exist system-wide.
Exhaust, and watch the fork. The Chaplaincy Services Coordinator is directed to help decide “whether the administrative remedy or the BP-A0822 … is more appropriate,” which means a person can be routed onto the questionnaire track and later be told they never exhausted. Where the issue is a denial rather than a novel practice, file the administrative remedy as well: 28 C.F.R. § 542.14 allows 20 calendar days from the event for informal resolution and the BP-9, § 542.15 gives 20 days for the BP-10 and 30 for the BP-11, and § 542.18 permits treating a missed response deadline as a denial at that level. Running both tracks costs one extra form and preserves the argument.
What changed from PS 5360.09 to 5360.10
PS 5360.10 issued October 24, 2022 and rescinded P5360.09 CN-1, Religious Beliefs and Practices, dated June 12, 2015. The Bureau’s June 22, 2026 mass reissue of Program Statements did not touch it, so the October 2022 edition remains the current one, and no change notice has issued against it.
The Program Statement lists three changes at p. 1:
| Change | What it means |
|---|---|
| “The certified religious diet now contains halal and kosher certified foods” | This is the substantive change and the reason the 2015 policy should not be relied on. Under the prior framework the certified line was described in narrower terms; the current policy names both halal and kosher certified processed foods as components of the Alternative Diet Program |
| “Any religious group whose doctrine, rituals or practices, espouse domestic and/or foreign terrorism, or advocates violence against individuals, groups or religious groups, or property, thereby threatening the security of the institution will not be authorized” | A new categorical exclusion at the group-authorization level |
| “The Bureau … will not authorize any religious group whose doctrine, rituals or practices espouse domestic and/or foreign terrorism or advocate violence to have meetings because such groups threaten the security of the institution” | The same exclusion applied to congregate meetings |
Two structural points about currency are worth stating, because they cut in opposite directions. The regulation is old and stable: 28 C.F.R. § 548.20 carries a register citation of 68 FR 74860 (December 29, 2003), and part 548 has not been rewritten since. What the 2022 Program Statement did was change the Bureau’s instruction for applying an unchanged rule — which is exactly the distinction that matters here, because the halal and kosher certified line is a policy commitment rather than a regulatory entitlement.
The cross-references, by contrast, have aged. PS 5360.10’s reference list at p. 21 cites P5267.09 Visiting Regulations (12/10/2015), P5580.08 Inmate Personal Property (08/22/2011), P5800.18 Receiving and Discharge Manual (08/12/2014), and P4700.06 CN-1 Food Service Manual (6/8/2022). Visiting regulations, personal property and the food service manual have all since been reissued — personal property most recently on May 7, 2026 and the food service manual as PS 4700.08. When a religious-property or visiting question turns on a cross-referenced policy, check the current edition of that policy rather than the edition named here. The rules cited page also confirms the regulatory anchors: “28 CFR 548.10-20 and 28 CFR 540.48.”
Where people get stuck on removal from the religious diet
Removal from the religious diet for buying commissary
This is the most common religious-diet dispute in the federal system, and the policy is unusually explicit about it: people “who purchase and/or consume non-certified foods from the commissary may also be temporarily removed from that dietary component,” as may people “observed eating from the main line.” Three things follow. Removal is supposed to be preceded by written notice on a BP-A0820. Removal “is not punitive in nature” by the policy’s own terms, which means it is not a disciplinary sanction and does not carry disciplinary process — but it also means the stated purpose is re-evaluation, and you can ask for the re-interview the policy contemplates. And the clocks are real: ordinarily up to thirty days to be re-approved, and up to one year after repeated withdrawals. Both are in the binding regulation, 28 C.F.R. § 548.20, not merely in the Program Statement.
An item the policy does not list
The national lists in this policy are floors, not ceilings — the women’s attire list says in terms that it “is not all-inclusive,” and every table is followed by an invitation to submit a BP-A0822. What usually goes wrong is that the request is made verbally, or made as a grievance about a denial rather than as a questionnaire describing the practice. Submit the BP-A0822 with supporting documentation, ask in writing for the Religious Issues Committee’s recommendation and the Warden’s disposition, and if a local recommendation cannot be made, ask whether the matter has been referred to the Central Office RIC through the Warden, the Chaplaincy Services Coordinator and the Regional Director. Where the answer is a flat denial with no least-restrictive-alternatives analysis, that is the gap RFRA is built to address.
No services in the SHU or the SMU
The policy says plainly that authorized weekly congregate services are available “with the exception of those detained in any Special Housing Units (SHUs) and Special Management Units (SMUs), and undesignated inmates at the Federal Transfer Center.” That exclusion is from congregate services, not from religious exercise: religious headwear is authorized “throughout the institution including the SHU, when consistent with security,” each institution’s supplement must contain “[p]rocedures and limitations for pastoral visits for inmates in general population and procedures for accommodating pastoral visits for inmates in special housing or hospital units,” and the religious diet does not stop at the SHU door. Ask for the institution supplement — it is the document that governs how pastoral visits reach special housing.
A holy day request denied because “you already had one this year”
The Program Statement forecloses that answer in a single sentence: “The number of days off work for religious holy day observances is not limited to one per year” (PS 5360.10 at p. 15). The one-per-year limit in this policy applies to the ceremonial meal — “[a]n inmate may attend one religious ceremonial meal in a calendar year” — and the two are frequently conflated at the institution level. If the denial cites a one-per-year rule for time off work, quote the sentence and ask for reconsideration; the Warden is separately directed to “give due consideration to, and grant, requests for days off work and school attendance by members of religions not included in” the Chaplaincy Services list.
Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: The religious-accommodation files that move are the ones that do the government’s homework for it. We want the BP-A0822 with a specific description of the practice, documentation from a clergy person or congregation, the Religious Issues Committee memo and the Warden’s disposition, the institution supplement, and — most useful of all — evidence that other federal institutions already accommodate the same practice. Under RFRA the burden is on the Bureau to show a compelling interest and the least restrictive means; a record showing the accommodation working elsewhere is what turns that burden from a phrase into a problem the agency has to answer.
Related BOP policy on religious practice
| Page | What it covers |
|---|---|
| Religious programs in federal prison | What services, chaplains and observances actually look like day to day |
| Food service (PS 4700.08) | The certified religious meal line and the master menus ceremonial meals must draw from |
| Inmate personal property (PS 5580.10) | The property rules religious items are subject to, including on transfer |
| Grooming (PS 5230.05) | Hair and beard length questions, which this policy does not govern |
| Visiting regulations (PS 5267.09) | How the minister of record fits into the visiting list |
| Incoming publications (PS 5266.11) | How religious books and periodicals are admitted or rejected |
| Special housing units (PS 5270.12) | Where congregate services stop and pastoral visits continue |
| Inmate work and performance pay (PS 5251.06) | The work assignment a religious-belief request may change, and the vacation days a holy day may draw on |
| Life Connections and Threshold programs (PS 5319.01) | The Bureau’s faith-based residential programs |
| Administrative remedy program (PS 1330.18) | The BP-9 / BP-10 / BP-11 route for a denied accommodation |
| Inmate request to staff (PS 5511.08) | The BP-A0148 that starts most of these requests |
| Early release from federal prison | Where sentence-shortening work is handled by the firm’s attorneys |
Frequently Asked Questions About Religious Beliefs and Practices
Does RLUIPA apply to federal prisons?
No — not its substantive protection. 42 U.S.C. § 2000cc-5(4) defines RLUIPA’s “government” as a State, county, municipality or entity created under State authority, and includes the United States only for §§ 2000cc-2(b) and 2000cc-3. The statute that governs the federal Bureau of Prisons is the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb-1, whose definition of “government” expressly includes federal agencies. The legal test is the same under both.
Can you get a kosher or halal diet in federal prison?
The Bureau’s Alternative Diet Program has two components, and one of them is “nationally recognized, religiously certified processed foods (e.g., halal and kosher),” prepackaged and double wrapped to preserve certification (PS 5360.10 at p. 17). Adding halal to the certified line was one of the three changes the October 24, 2022 edition made. Approval requires a written request articulating religious motivation and an interview with the Chaplain; whether any individual is approved is a determination the Bureau makes in the first instance.
What happens if you eat off the main line while on the religious diet?
You may be removed from that dietary component. The policy provides that people “observed eating from the main line may be removed temporarily,” as may those who “purchase and/or consume non-certified foods from the commissary.” Written notice comes on a BP-A0820. Re-approval “ordinarily may extend up to thirty days,” and “[r]epeated withdrawals (voluntary or otherwise) … may result in inmates being subjected to a waiting period of up to one year” (28 C.F.R. § 548.20).
How do you change your religious preference in federal prison, and is there a waiting period?
By notifying the Chaplain in writing. 28 C.F.R. § 548.10(c) provides that a person “may request to change this designation at any time, and the change will be effected in a timely fashion.” Neither the regulation nor PS 5360.10 imposes a waiting period on a change of religious preference — the thirty-day and one-year waiting periods in this policy apply to the religious diet program, not to the SENTRY religious preference. The Chaplain does monitor patterns of change “to prevent abuse or disrespect,” and a preference change can affect eligibility for activities limited to members of a faith group.
What religious headwear is allowed in federal prison?
PS 5360.10 authorizes seven items to be worn throughout the institution, including the SHU, when consistent with security: a black or white yarmulke (Jewish); a black or white crochet kufi (Moorish, Muslim, Nation of Islam); a multi-colored crown with red, yellow and green threads through a black cap (Rastafarian); a white turban (Sikh); and a multi-colored headband (Native American). A person is authorized three items of religious headwear, they may not carry graphics or writing, and they may not be altered. Ceremonial headwear worn only in the Chapel is the red Moorish Temple fez and the Odinist/Ásatrú hlath with embroidered runes, limited to one item.
How much can religious property cost?
“No religious item can have a monetary value greater than $100” (PS 5360.10 at p. 11). Items are bought from commissary or an approved catalog source using a BP-A0200 Special Purpose Order Request, may not be purchased with appropriated funds, and may not be stored in the Chapel. Ordinarily a person retains one religious medallion; Yoruba, Orisha and Santeria practitioners may retain up to seven plastic beaded necklaces.
How do you request a religious accommodation the policy does not list?
On a BP-A0822, New or Unfamiliar Religious Components Questionnaire, submitted with supporting documentation to the institution Chaplain. The Chaplain convenes a local Religious Issues Committee including Chaplaincy Services, Legal Services and Correctional Services; if no local recommendation can be made, the matter goes to a Central Office Religious Issues Committee, which recommends “the least restrictive means to accommodate the inmate’s request.” The Warden makes the final local disposition.
Can you take time off work for a religious holy day?
Yes, on a written request to the Chaplain, and more than once a year: “The number of days off work for religious holy day observances is not limited to one per year” (PS 5360.10 at p. 15). Under 28 C.F.R. § 548.18 the Warden “will ordinarily allow an inmate to take earned vacation days, or to make up for missed work, or to change work assignments” to facilitate the observance, consistent with the secure and orderly running of the institution. The one-per-year limit that does exist applies to the religious ceremonial meal.
Do clergy visits count against the visiting list?
Not for the minister of record. Once a clergy person is verified and placed on the visiting list as the minister of record, that person “will not count against the total number of authorized social visitors,” and where the institution uses a point system, those visits “will not be counted against the total number of visits allowed” (PS 5360.10 at p. 16). A person may have only one minister of record at a time. Visits from other faith representatives are handled under the visiting regulations and may count against social visits.
This page is general information about federal Bureau of Prisons policy, not legal advice, and reading it does not create an attorney-client relationship.
Program Statements 5360.10 and 3939.08 — full text
What follows is the Bureau’s own text, reproduced in full from its published PDFs — nothing summarized, nothing cut. Two statements appear in sequence: PS 5360.10 (PDF) and PS 3939.08 (PDF).
U.S. Department of Justice Federal Bureau of Prisons
PROGRAM STATEMENT
OPI: RSD/CSB NUMBER: 5360.10 DATE: October 24, 2022
Religious Beliefs and Practices
/s/ Approved: Colette S. Peters Director, Federal Bureau of Prisons
1. PURPOSE AND SCOPE
§548.10 (a). The Bureau of Prisons provides inmates of all faith groups with reasonable and equitable opportunities to pursue religious beliefs and practices, consistent with the security and orderly running of the institution and the Bureau of Prisons.
a. Summary of Changes
Program Statement Rescinded
- The certified religious diet now contains halal and kosher certified foods.
- Any religious group whose doctrine, rituals or practices, espouse domestic and/or foreign terrorism, or advocates violence against individuals, groups or religious groups, or property, thereby threatening the security of the institution will not be authorized.
- The Bureau of Prisons (Bureau) will not authorize any religious group whose doctrine, rituals or practices espouse domestic and/or foreign terrorism or advocate violence to have meetings because such groups threaten the security of the institution.
b. Program Objectives. The expected results of this program are:
- The Bureau will provide accommodations for religious practices considering the least restrictive alternatives that are consistent with the security and orderly running of the institution.
- Religious resources will be equitably distributed for the benefit of all inmates.
Federal Regulations from 28 CFR are shown in this type. Implementing instructions are shown in this type.
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- Pastoral care will be available to inmates and staff, as appropriate.
- Chaplaincy Services will provide guidance on the accommodation of religious practices and assess the least restrictive alternatives in light of the security and orderly running of the institution.
c. Institution Supplement. Each institution will develop an Institution Supplement for
operating religious programs and activities. The Institution Supplement requires the Regional Director’s approval prior to issuance and must include the following:
- Procedures for emergency notifications;
- Procedures for religious fasts, ceremonial meals, and whether appropriated funds will be used to supplement the ceremonial meals with traditional/ritual foods;
- Local procedures will be established for providing the no-flesh religious dietary component;
- Procedures for acquiring authorized religious items when no catalog vendor is available (e.g., eagle feathers);
- Authorized religious property;
- Sweat lodge procedures, including who may participate, modesty/security requirements, and medical clearance requirements, if any;
- Procedures and limitations for pastoral visits for inmates in general population and procedures for accommodating pastoral visits for inmates in special housing or hospital units;
- Procedures and limitations for storage and provision of religious wine;
- Indoor and outdoor areas authorized and designated for the ritual use of tobacco; and
- Where applicable, procedures for procuring, storing, and using tobacco for rituals.
However, when Chaplains are not available due to training, military duty, days off, or leave, non-Chapel staff may be utilized to ensure the constitutional religious rights of inmates are maintained
Chaplaincy Services support staff may also assist the Chaplains in supervising the institution’s Chapel programming and administrative duties, but may not perform pastoral duties reserved for professional Chaplains.
2. PRETRIAL, HOLDOVER, AND DETAINEE PROCEDURES. Procedures in this Program Statement apply to Pretrial, Holdover, and Detention Centers. The exception to these procedures exists where building design prevents the maintenance of an outside worship area, including the sweat lodge.
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3. RELIGIOUS OPPORTUNITIES AND LIMITATIONS. §548.10 (b). When considered necessary for the security or good order of the institution, the warden may limit attendance at or discontinue a religious activity. Opportunities for religious activities are open to the entire inmate population, without regard to race, color, nationality, or ordinarily, creed. The Warden, after consulting with the institution Chaplain, may limit participation in a particular religious activity or practice to inmates with the pertinent religious preference when the nature of the activity or practice (e.g., religious fasts, wearing of headwear, work proscription, ceremonial meals) indicates a religious need for such a limitation.
a. Religious Accommodations. Scheduled Chapel activities should be accommodated as are
other institutional program disciplines (e.g., Psychology and Education/Recreation). Chaplains provide oversight of Chapel programs. Ordinarily, scheduled Chapel services should not be cancelled unless necessary during institutional emergencies. Authorized weekly congregate services will be made available for all inmates, with the exception of those detained in any Special Housing Units (SHUs) and Special Management Units (SMUs), and undesignated inmates at the Federal Transfer Center.
If a state of emergency exists (e.g., fog, institution lock down, food strike), the Warden or designee will determine the appropriate level of religious programming. When necessary, Wardens may identify and assess alternative religious practices in consultation with the Chaplains and implement the least restrictive alternative.
Inmate speakers will ordinarily be rotated and are expected to avoid the unauthorized practices outlined later in this Program Statement. Inmates may recite formulaic prayers in the language required by their religion, with intermittent staff supervision. For the safety and security of staff and inmates, sermons, original oratory, teachings and admonitions must be delivered in English, and if delivered by an inmate, require constant staff supervision. The Warden may authorize the delivery of programs in other languages.
To determine whether a religious practice remains within the scope of best correctional practice and religious accommodation, and does not constitute a threat to security and the orderly running of the institution, the Warden may periodically review religious accommodations in consultation with the Chaplains. If upon review, the Warden determines a religious practice jeopardizes the security and orderly running of the institution, the practice may be temporarily restricted or eliminated.
The religious practice may resume only upon completion of a thorough evaluation of the practice with respect to compelling government interests and the least restrictive alternatives in consultation with the Central Office Chaplaincy Services Branch (CSB). Any inmate religious group or individual religious practitioner that encourages domestic and/or foreign terrorism, or
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advocates violence against others, or damage of government property will not be authorized to meet.
b. Religious Use of Wine. Inmates may be permitted to receive small amounts of wine as part
of a religious ritual only when administered under the supervision of Bureau Chaplains, religious contractors, or Chapel volunteers authorized by the Bureau to perform the ritual. Wine will be stored behind two locks and accounted for with bin cards.
The consumption of wine under these circumstances will not be considered consumption of alcohol or ingestion of an illegal substance. Inmates are not allowed to give wine to other inmates.
Training is provided to Chaplaincy staff on the procurement of religious wine. Chaplaincy staff purchase the wine using normal procurement procedures. Training on the procedures for storing, using, and disposing of religious wine will be provided to Chaplaincy Services staff, religious contractors, trainees, and volunteers. This will avoid the unnecessary and potentially disruptive confiscation of essential sacred elements.
Wine will be stored in a locked cabinet in a secure area of the Chapel. For scheduled services for which wine is authorized, Chaplaincy staff will provide the wine to the contract or volunteer community minister in a two-ounce covered container. The container will be used to measure and transport the wine. The minister will dispose of the two-ounce container and any unused portion of the wine to protect against contamination or abuse.
c. Religious Use of Tobacco. Tobacco is a controlled item and must be issued under direct staff supervision only in the amounts necessary for the religious ritual. Tobacco will be stored in a locked cabinet in a secure area of the Chapel. For scheduled services for which loose tobacco is authorized, Chaplaincy staff will provide tobacco in a disposable sealed container, tracking the weight of tobacco which is distributed and the weight of what remains in storage to protect against contamination or abuse. All tobacco must be consumed during the course of the ceremony. The Chaplain will inform staff of the procedures for procuring, storing, distributing, and using tobacco during the ritual.
d. Unauthorized Practices. Based on the security and orderly running of the institution, and to maintain normal religious programming practices and activities the following will not be authorized:
- Inmates utilizing ministerial or religious titles;
- Language (including profanity) or behaviors that could reasonably be construed as a threat to safety, security, or the orderly running of the institution, (e.g., curses);
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- Coercive behavior or intimidation of others related to religious beliefs and/or practices;
- Espousing racial separatism;
- Advocating violence or hate;
- Encouraging domestic or foreign terrorism;
- Animal sacrifice;
- Nudity;
- Self-mutilation;
- Use, display, or possession of weapons or what appears to be a weapon (e.g., paper sword);
- Paramilitary exercises;
- Self-defense training;
- Sexual acts;
- Consumption of alcohol (except as noted in 3b of this Program Statement, Religious Use of Wine); and
- Ingestion of illegal substances.
Supervision of Inmates. Based on the secure and orderly running of religious programming and the institution, inmate groups engaged in Chapel worship or Chapel programming will be provided varying degrees of supervision as follows:
- Religious programs with original inmate oratory require constant auditory and visual staff supervision in secure facilities.
- To ensure adequate supervision is maintained, one staff member is required to directly supervise original inmate oratory in secure facilities.
- Audio/Visual equipment may be utilized to administer the appropriate level of direct supervision.
- Religious programs led by Level I volunteers, as outlined in the Program Statement Volunteer Services, require constant (in room) staff supervision.
- Religious programs led by Level II volunteers and contractors require intermittent visual and audio supervision by staff. This applies to both escorted and unescorted volunteers and contractors.
- Special Religious Programs (e.g. choirs, concerts, seminars) require constant (in room) staff supervision.
When necessary, Wardens may identify alternative practices and implement least restrictive alternatives.
4. RELIGIOUS PREFERENCES §548.10 (c). The Bureau of Prisons does not require an inmate to profess a religious preference. An inmate may designate any or no religious preference at his/her initial team screening. By notifying the Chaplain in writing, an inmate may request to change this designation at any time, and the change will be effected in a timely fashion.
Unit team staff will enter the initial religious preference (RLG) assignment into SENTRY at the inmate’s initial classification. SENTRY religious preferences are designed to aid Chaplains in religious program management and scheduling. SENTRY religious preferences are umbrella
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categories and not exhaustive of all religious affiliations. When an inmate requests to change his/her religious preference, the Chaplain will make the necessary change in the SENTRY RLG assignment in a timely fashion. The Chaplain will monitor patterns of changes in the inmate’s declarations of religious preference to prevent abuse or disrespect by inmates.
As described in Section 3 of this Program Statement, [§548.10(b)] staff should refer to information reported on the SENTRY religious preference history to assist in determining whether an inmate can participate in a specific religious activity. Inmates who do not declare a religious preference or indicate membership in a different faith group may be restricted from participating in religious activities that are only for members of that faith.
5. DEFINITION §548.11. For purposes of this subpart, the term “religious activity” includes religious diets, services, ceremonies, and meetings.
6. CHAPLAINS §548.12. Institution Chaplains are responsible for managing religious activities within the institution. Institution Chaplains are available upon request to provide pastoral care and counseling to inmates through group programs and individual services. Pastoral care and counseling from representatives in the community are available in accordance with the provisions of §§ 548.14 and 548.19. In order to assess requests for religious accommodations, the Chaplain may ask requesting inmates for additional information regarding the religious practice requested.
a. Chaplains as Pastoral Care Providers. The Chaplaincy Services Department is directed by
full-time Bureau Chaplains. All Chaplains are qualified pastoral care providers who have verifiable religious credentials and current religious endorsements as outlined in Program Statement Chaplains’ Employment, Responsibilities, and Endorsements. All institution Chaplains are employed to:
- Plan, direct, and supervise all aspects of Chapel programming (worship, sacred scripture studies, and faith-based reentry programming);
- Have physical access to all areas of the institution to minister to inmates and staff;
- Lead worship services in their own tradition (e.g., Protestant, Catholic, Muslim, Jewish, Buddhist, etc.);
- Provide professional spiritual leadership and pastoral care to inmates and, when appropriate, to staff;
- Provide accommodations for inmate practices that are religious in nature when consistent with the secure and orderly running of the institution;
- Supervise institutional Chapel activities;
- Be the subject matter expert on religious matters and advise the Warden and institutional staff accordingly;
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(1) Special Housing Unit (SHU) Religious Access. Ordinarily, all inmates, except those in restrictive housing units, have access to regularly scheduled congregate services. Inmates of all faiths will have regular access to Chaplains. Upon written request, inmates may also have access to recognized representatives of their faith groups while in SHU. Each Chaplain will provide pastoral care in SHUs and hospital units weekly. Faith group representatives will always be escorted in SHU.
Chaplains will provide opportunities for individuals to receive the sacraments, and sacred rituals while housed in SHU. This includes, but is not limited to, communion and Sabbath prayer items such as matzo and grape juice. Ordinarily, sacred pipe use will be accommodated in SHU; it will remain under the direct supervision of the Chaplain.
(2) Telephone Calls. Individual pastoral care includes counseling inmates and/or their families in personal crisis and family emergency situations. When authorized by the Warden, Chaplains may approve inmate telephone calls in emergency situations. Under the direction and guidance of the Chaplain, other staff may monitor telephone calls which have been approved by the Chaplain.
Each Chapel and SHU will be equipped with an additional telephone which is capable of recording inmate telephone conversations. A notice in English and Spanish will be placed at the telephone location to advise the user that all conversations are subject to recording and that using the telephone constitutes consent. This telephone will be separate from the telephones provided for staff use.
Calls must not exceed 15 minutes in length. Calls ordinarily will be made to a number on the inmate’s approved phone list or to a hospital, hospice, or care facility. Inmates on phone restriction should be cleared through Special Investigative Services (SIS) prior to an emergency call. For inmates not on phone restriction, the Chaplain will document the reason for the emergency call and forward to the SIS Department via email.
Chaplains will also maintain a telephone log which includes:
- The date, telephone number and person called, and relationship to the inmate;
- Name and register number of the inmate; and
- A brief reason for the call.
(3) Women and Special Populations Inmates
a) The particular needs of women and special inmate populations may require the contracting of additional spiritual counselors or advisers. b) Upon request, religious counseling will be available to pregnant inmates to provide
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support and information during their pregnancy. Additional information may be found in the Program Statement Female Offender Manual.
(4) Deaths and Serious Illnesses. Each institution will establish local procedures to notify inmates and/or their families of serious illness or death of either family members or inmates, respectively. The Chaplain will follow these local procedures and notify inmates or family members accordingly.
In situations involving emergency notification to inmates, verification of the emergency (i.e., serious illness or death) is obtained using BP-A1031, Inmate Emergency Notification Form, before notifying the inmate. Inmates may request to have a recording of a family member’s funeral sent into the institution via a BP-A0331, Authorization to Receive Package or Property form. Upon clearance from the mail room and computer services (if applicable), the Chaplain will review the recording and coordinate a time for the inmate viewing. After completion of the viewing, the recording will be sent home at the inmate’s expense or appropriately disposed of.
The Chaplain coordinates religious rituals for an inmate’s serious illness or death. In addition, the Chaplain may advise the Warden regarding religious factors which may influence decisions concerning the performance of autopsies on deceased inmates and the proper religious considerations and disposition of the remains.
b. New or Unfamiliar Religious Components. The Bureau has established a procedure by
which consideration of new or unfamiliar religious components for inmates may be employed. Field Chaplains should contact the appropriate Chaplaincy Services Coordinators (CSC) regarding new or unfamiliar inmate religious requests for modifications to Chapel programs. The CSC can help determine whether the administrative remedy or the BP-A0822, New or Unfamiliar Religious Components Questionnaire is more appropriate for the religious issue(s) presented.
(1) Requests. Inmates must submit a form BP-A0822, New or Unfamiliar Religious Components Questionnaire, along with relevant supporting documentation, to the institution Chaplain. This form must contain as much information as possible regarding the religious accommodation being requested. The Chaplain may ask the inmate to provide additional information to support his/her request.
(2) Religious Issues Committee (RIC). The Chaplain will convene a local RIC to review each request for a new or unfamiliar religious practice. Members of the RIC will include other Chaplaincy Services staff, Legal Services, Correctional Services, and any other discipline that may be involved in the religious request and accommodation. Local RIC recommendations are made in consultation with the CSC and documented via memo to the Warden with copies sent to the CSC and the Assistant Chaplaincy Administrator (ACA).
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When a recommendation cannot be made locally, a memo requesting Central Office RIC review will be generated to the Assistant Director, Reentry Services Division (RSD) through the Warden, the CSC, and the Regional Director. The Assistant Director, RSD, then directs the Central Office RIC convene.
The Central Office RIC will meet as necessary and maintain records of its recommendations. Upon completing the review, the Central Office RIC will make recommendations to the Warden regarding the least restrictive means to accommodate the inmate’s request.
(3) Implementation of the RIC Recommendation. The Warden has the discretion to expand or change religious programming at the institution based on the security and orderly running of the institution. The Warden will determine the local disposition of the request after the institution receives the Central Office RIC recommendations.
7. SCHEDULES AND FACILITIES §548.13 (a). Under the general supervision of the Warden, chaplains shall schedule and direct the institution’s religious activities in order to effectively and orderly manage religious programming.
Current program schedules will be posted in English and Spanish on bulletin boards clearly visible to the inmate population. Chapel program schedules will be commensurate with departmental staffing levels to provide appropriate levels of supervision of inmate-led programs.
b. The Warden may relieve an inmate from an institution program or assignment if a
religious activity is also scheduled at that time.
In scheduling authorized religious activities, Chaplains will consider both the availability of staff supervision and the use of time and space to make equitable accommodations among all inmate religious groups.
c. Institutions shall have space designated for the conduct of religious activities.
This designated space will be sufficient to accommodate the needs of all religious groups in the inmate population fairly and equitably. Chaplaincy Services areas (inside and outside) will be neutral and suitable for use by different faith groups. The general area will include:
- Office space for each Chaplain;
- Storage space for the needs of Chapel programming. Faith specific lockers will ordinarily be available to secure accoutrements for use in religious programs, and will not contain personal property of inmates;
- While inmates will have access to the locker contents for appropriate scheduled Chapel programs, lockers inside secure facilities will be opened and secured by staff and not left
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open;
- Nearby lavatory facilities for staff and volunteers.
An outside worship area will be maintained in a suitable, secure, and private location, except in institutions where building design or security considerations would prohibit its construction. The outside worship area should be content neutral and large enough to accommodate all faith traditions which use outside worship space. Religious rituals involving tobacco smoke are confined to the outdoor worship area or a ventilated Chaplaincy Services area.
8. COMMUNITY INVOLVEMENT (VOLUNTEERS, CONTRACTORS) §548.14 (a). The institution’s Chaplain may contract with community religious representatives to provide specific religious services which the Chaplain cannot personally deliver due to religious prescriptions or ecclesiastical constraints to which the chaplain adheres.
The term “religious representatives” includes both clergy and spiritual advisors. All contractual representatives will be afforded equal status as they assist inmates in the observance of their religious beliefs, unless the security and orderly running of the institution warrants otherwise. Ordinarily, inmates of any faith tradition have access to their faith group’s official representatives while in SHU or a housing unit with restricted access to the Chapel. Inmates may make a written request to the Chaplain for a visit with their faith representative. Requests are accommodated consistent with the representative’s contract and the security and orderly running of the institution. Faith group representatives are always escorted in a SHU. As an alternative to facilitate supervision, the approved SHU visit may occur in the Visiting Room during regular visiting hours.
Inmates housed in Special Management Units and Communication Management Units also present unique security concerns and their access to faith representatives should be accommodated in accordance with local security procedures.
b. The institution Chaplain may secure the services of volunteers to assist inmates in
observing their religious beliefs.
Volunteers must complete the form BP-A0777, Credentials of Religious Volunteer form prior to becoming a badged volunteer. The form will be maintained in the Official Volunteer File.
Inmates may not place volunteers or contractors on their telephone lists or use the Inmate Telephone System to contact volunteers or contractors. If a specific program need exists, the Chaplain may facilitate and monitor a telephone call. A Level I volunteer, a Level II, or contractor cannot be either a minister of record nor be placed on an inmate’s visiting list.
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c. The Warden or the Warden’s designee (ordinarily the Chaplain) may require a
recognized representative of the faith group to verify a volunteer’s or contractor’s religious credentials prior to approving his or her entry into the institution.
Ordinarily, the credential required for conducting worship services will be ordination. In lieu of ordination credentials, adequate documentation of recognized religious and ministerial position in the faith community is required.
A qualified, credentialed non-citizen may be extended a religious services contract if permitted by the annual appropriations act and immigration law.
The prospective contractor must complete the BP-A0778, Credentials of Religious Contractor form prior to Bureau allocation of appropriated funds for a contract, whether for a one-time visit by form BP-A0101, Request for Purchase (Delivery/Task Order) or multiple visits during the Fiscal Year, using the normal contracting procedures. It will become part of the official Contractor Security File.
9. EQUITY §548.15. No one may harass inmates regarding their religious beliefs, nor coerce inmates into changing their religious affiliations. Attendance at all religious activities is voluntary and, unless otherwise specifically determined by the Warden, open to all.
10. INMATE RELIGIOUS PROPERTY §548.16 a. Inmate religious property includes but is not limited to rosaries and prayer beads, oils, prayer rugs, phylacteries, medicine pouches, and religious medallions. Such items, which become part of an inmate’s personal property, are subject to normal considerations of safety and security.
Personal religious items may not be purchased with appropriated funds. Inmates first coming into custody are allowed to keep personal religious items in accordance with the Program Statement Inmate Personal Property. Inmates can purchase personal religious property from either commissary or through an approved catalogue source using the BP-A0200, Special Purpose Order Request – Inmate. No religious item can have a monetary value greater than $100. Inmate personal property may not be stored in the Chapel.
b. An inmate ordinarily shall be allowed to wear or use personal religious items and
ceremonial garments during religious services, ceremonies, and meetings in the Chapel, unless the Warden determines that the wearing or use of such items would threaten institution security, safety, or good order. Upon request of the inmate, the Warden should allow the wearing or use of religious items throughout the institution, unless inconsistent with considerations of security, safety, or good order. The Warden may request the Chaplain to research whether the item or ceremonial garment sought is religious in nature.
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This research may involve consultation with representatives of the inmate’s religion.
(1) Religious Headwear. Two types of headwear are identified – religious and ceremonial. Religious headwear is worn throughout the institution and ceremonial headwear may only be worn in the Chapel. If an inmate wants additional religious or ceremonial headwear not listed, the inmate may submit a BP-A0822, New or Unfamiliar Religious Components Questionnaire.
Inmates who have a SENTRY religious preference listed below are authorized to wear the following religious headwear throughout the institution including the SHU, when consistent with security, as follows:
Religion Headwear Color Jewish Yarmulke black or white Moorish Kufi black or white crochet Muslim Kufi black or white crochet Nation of Islam Kufi black or white crochet Rastafarian Crown multi-colored (red, yellow, green threads running through a black cap) Sikh Turban white Native American Headband multi-colored
Headwear worn throughout the institution may not contain graphics or writing. Religious headwear worn throughout the institution may not be altered. Crowns may not have a bill. Headbands can be worn only in a circle, covering the forehead but not the crown of the head. Inmates are authorized three items of religious headwear. Inmates of other faith groups may request religious headwear by submitting a BP-A0822, New or Unfamiliar Religious Components Questionnaire.
(2) Ceremonial Headwear. In addition, inmates who have a religious preference noted in SENTRY religious preference may wear the following ceremonial headwear in the Chapel. These are not worn to and from the Chapel or in any other area of the institution:
Religion Headwear Color Moorish Temple Fez red Odinist/Ásatrú Hlath (Hlad) brown with one or more embroidered runes
The authorized hlath must contain embroidered runes. Plain headbands without runes are not authorized. Inmates are authorized one item of ceremonial headwear. Inmates of other faith groups may request ceremonial headwear by submitting BP-A0822, New or Unfamiliar Religious Components Questionnaire.
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(3) Religious Attire for Women. When consistent with security, scarves and head wraps, including hijabs, are authorized for female inmates who have expressed a religious belief to wear such items, including:
Religion Attire Color Jewish Scarf black or off-white Moorish Scarf black or off-white Muslim Hijab black or off-white Nation of Islam Scarf black or off-white Rastafarian Scarf black or off-white Orthodox Christian Scarf black or off-white Native American Headband multi-colored
Inmates are authorized three scarves or head wraps. The above list is not all-inclusive. Inmates of other religious beliefs may request scarves or head wraps through submitting BP-A0822, New or Unfamiliar Religious Components Questionnaire.
Jumper dresses are generally approved for women who seek to wear loose-fitting clothing as an aspect of their religious exercise, so long as the security of the institution is not compromised. Institutions housing females should have a supply of jumper dresses available in the laundry.
(4) Ceremonial Clothing. Unless the Warden determines otherwise for specified reasons of safety, security, or good order, the following articles of personal religious clothing can only be worn for services in the Chapel, but not on the compound, housing units or visiting room:
Religion Clothing Color Jewish Kittel a white prayer robe only worn by men during some holiday services. Muslim Kurta shirt long, loose, and full length above the ankle worn only by men. Native American Ribbon shirt a multi-colored shirt worn by men and women during the Pow Wow. Wicca Tabbared a hoodless poncho or cape, earth brown color, worn by men and women during services.
Ceremonial Clothing owned by an inmate will not be stored in the Chapel. Baggy pants, including the shalwar, are not authorized. Robes, including the jalabiyya (full-length robe), are not authorized. Inmates of other faith groups may request ceremonial clothing by submitting a BP-A0822, New or Unfamiliar Religious Components Questionnaire.
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(5) Ritual Underclothing. The Temple garments or ritual underclothing are authorized for The Church of Jesus Christ of Latter Day Saints inmates. The tallis katan or tzitzis, a small four-cornered garment, is authorized for Jewish male inmates. Other ritual underclothing may be requested by submitting a BP-A0822, New or Unfamiliar Religious Components Questionnaire.
Religious necklaces and medallions are worn under clothing except in Chapel areas and may not be altered. Ordinarily, inmates retain only one religious medallion in their personal property.
Yoruba/Orisha/Santeria practitioners may retain up to seven plastic beaded necklaces.
(6) Transferable Religious Property. A list of generally authorized and transferable inmate religious property is maintained on the Chaplaincy Services’ Sallyport page. Additional personal religious property items may be approved locally by the Warden, but must be sent home when transferring to another institution. Disposable headwear is made available in Receiving and Discharge for inmates requiring headwear while in transit. Transferable Religious Property should be documented using BP-A0383 Inmate Personal Property Record.
c. An inmate who wishes to have religious books, magazines or periodicals must comply
with the general rules of the institution regarding ordering, purchasing, retaining, and accumulating personal property. Religious literature is permitted in accordance with the procedures governing incoming publications. Chaplaincy staff will distribute to inmates religious literature purchased by, or donated to, the Bureau of Prisons when consistent with the secure and orderly running of the institution.
Inmates desiring to subscribe to religious periodicals or purchase religious books or literature must follow procurement policy and procedures. Retention of religious materials is governed by the provisions in the Program Statement Inmate Personal Property. Rejection of religious publications is governed by the procedures specified in the Program Statement Incoming Publications.
Chaplaincy Services is authorized to purchase media resources (i.e. books, audio/video materials) with appropriated funds to be provided equitably among the various religions. All media materials must be religious in nature and be consistent with security and the orderly running of the institution. Donated religious media resources may be accepted in accordance with the Program Statement Donations, Acceptance of and made available to inmates in an orderly fashion.
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All media will be inspected and reviewed by Chaplaincy Services departmental staff prior to being entered into the Chapel Library Database. Only after inspection review and entry into the Chapel Library Database should materials be distributed to the inmate population. Media materials determined to be inappropriate for distribution to the inmate population will be handled and disposed of, when possible, in a manner that is sensitive to the faith tradition from which they originated. Concerns and questions about potentially inappropriate media shall be reported to the CSC for Central Office review.
11. WORK ASSIGNMENTS §548.17. Inmates must request in writing when they want a change in their work assignments based on their religious beliefs. The detail supervisor will confirm with Chaplaincy Services staff that the request is religious in nature. Chaplaincy staff may request additional information from the inmate to verify the religious nature of the request. The detail supervisor will change the inmate’s job assignment based on religious reasons, in a timely manner, if consistent with the orderly running of the institution. The request for a different job assignment may be denied based on security, safety and good order of the institution.
12. OBSERVANCE OF RELIGIOUS HOLY DAYS §548.18. Consistent with maintaining security, safety, and good order in the institution, the warden shall endeavor to facilitate the observance of important religious holy days which involve special fasts, dietary regulations, worship, or work proscription. The inmate must submit a written request to the Chaplain for time off from work to observe a religious holy day. The Chaplain may confer with community representatives of the inmate’s faith to obtain information about the religious nature of the requested observance. The Chaplain will work with requesting inmates to identify the least restrictive accommodation for the observance of the holy day. The warden will ordinarily allow an inmate to take earned vacation days, or to make up for missed work, or to change work assignments in order to facilitate the observance of the religious holy day when consistent with the secure and orderly running of the institution.
The Central Office Chaplaincy Services Branch (CSB) maintains a list of recognized holy days to aid staff in processing inmate requests for religious holy days and/or time off from work and school. Due to the changing nature of religious observances, this list is not exhaustive and will be changed as needed. This list is available on the Chaplaincy Services Sallyport page. The Warden will give due consideration to, and grant, requests for days off work and school attendance by members of religions not included in the above-mentioned list when the request is religious in nature and consistent with the orderly running of the institution.
The number of days off work for religious holy day observances is not limited to one per year. Questions and concerns are directed to the appropriate CSC.
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13. PASTORAL VISITS §548.19. If requested by an inmate, the Chaplain shall facilitate arrangements for pastoral visits by a clergy person or representative of the inmate’s faith.
a. The Chaplain may request a NCIC check and documentation of such clergy person’s or
faith group representative’s credentials.
b. Pastoral visits may not be counted as social visits. They will ordinarily take place in the visiting room during regular visiting hours.
(1) Minister of Record. For this section’s purpose, the minister of record is defined as the spiritual leader, clergy person, or official representative, whom the inmate identifies and the Chaplain verifies, as a minister of the inmate’s religion of record.
An inmate will identify a minister of record by submitting BP-A148 Inmate Request to Staff and submitting that form to the Chaplain. The clergy person identified will also submit a request for consideration as the minister of record to the Chaplain. Following a review of the minister’s credentials, the completed BP-A0301, Authorization to Release Confidential Information, and the criminal background check via the National Crime Information Center (NCIC), as outlined in the Program Statement Visiting Regulations, the Chaplain will request unit team staff place the identified clergy person on the inmate’s visitor list as the minister of record. An inmate may only have one minister of record at a time.
The minister of record will not count against the total number of authorized social visitors an inmate is allowed to have on his or her visiting list. Additionally, if the institution uses a point system to monitor social visits, visits from the minister of record will not be counted against the total number of visits allowed.
(2) Official Visits from Faith Representatives (Other than Minister of Record). Visits from faith representatives other than the minister of record will be accommodated in accordance with the Program Statement Visiting Regulations and may be counted against the total number of social visits allowed. The faith representative’s credentials and background security check documentation will be reviewed prior to scheduling the visit.
(3) Location. Visits with the minister of record or other official faith representatives will be accommodated in the visiting room during regular visiting hours. To the extent practicable, these visits may be conducted in an area of the visiting room which provides a degree of separation from other visitors. Upon request, the visit may occur in a private area of the visiting room, if available.
If space is not available, the visit may be rescheduled when private accommodations can be made in the visiting room during regular visiting hours.
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The Warden may limit the number of these faith representative visits an inmate receives each month.
14. DIETARY PRACTICES §548.20 a. The Bureau provides inmates requesting a religious diet reasonable and equitable opportunity to observe their religious dietary practice within the secure and orderly running of the institution and the Bureau through religious diet menus.
(1) Components. The religious diet program, called the Alternative Diet Program, consists of two distinct components:
- One component provides for religious dietary needs through self-selection from the main line, which includes a no-flesh option and access to the salad/hot bar (where the salad/hot bar is part of the Food Service Program). In institutions where meals are served in prepared trays, local procedures will be established for providing the no-flesh religious dietary component.
- The other component accommodates religious dietary needs with nationally recognized, religiously certified processed foods (e.g., halal and kosher). These meals are prepackaged and double wrapped in order to preserve the integrity of the religious certification.
- Ordinarily, the religious diet program will be served and consumed in the dining hall. Additional information on the certified religious meals is available in the Program Statement Food Service Manual and via the Central Office, Health Services Division, Food Service Branch’s Sallyport page.
b. §548.20 The inmate will submit a written request articulating the religious motivation
for participation in the religious diet program.
(1) Requests and Interviews. Inmates wishing to participate in the religious diet program will submit a written request to Chaplaincy Services. Chaplains will ordinarily conduct an oral interview of the inmate, in order to document the inmate’s purported religious dietary needs. Chaplains will ordinarily complete the BP-A1142, Religious Diet Interview form within two working days of receiving the request. Inmates will review and sign a copy of the completed interview form and agree to abide by the requirements of the religious diet program. Chaplains will document an inmate’s refusal to sign the document.
The Chaplaincy team will review the inmate’s interview responses to determine how to best accommodate the inmate’s stated religious dietary needs through the least restrictive means analysis.
(2) Notification. Inmates will receive the BP-A0700, Notification of Inmate Religious Diet Accommodation, which documents the religious diet component that best accommodates their
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religious dietary needs and for which they have been approved. Completed forms will be placed in the Inmate’s Central File by the unit team.
(3) SENTRY Record. Under normal operations, within 24 hours of approval, the Chaplain will enter inmates approved to participate in the religious diet program into the SENTRY religious diet participant list. Under normal operations, Food Service will begin serving those approved for the certified processed food line within two days of SENTRY notification.
(4) Monitoring. Chaplains and Food Service staff will monitor the SENTRY religious diet participant list daily to ensure all eligible inmates are served religious diet meals with minimal delay upon intake or re-designation. Inmates who are not approved for the certified food line may request a re-interview at three-month intervals.
c. An inmate who has been approved for a religious diet menu must notify the Chaplain in
writing if the inmate wishes to withdraw from the religious diet. The Chaplain may withdraw approval for an inmate to participate in the religious diet if it is documented that the inmate has violated the terms of the religious diet agreement he/she signed. In order to preserve the integrity and orderly operation of the religious diet program and to prevent fraud, inmates who withdraw (or are removed) may not be immediately reestablished back into the program. The process of re-approving a religious diet for an inmate who voluntarily withdraws or who is removed ordinarily may extend up to thirty days. Repeated withdrawals (voluntary or otherwise), however, may result in inmates being subjected to a waiting period of up to one year.
The Warden has authority to remove inmates from, and reinstate them to, the program. Ordinarily, this authority is delegated to the Chaplains. Inmates who are observed eating from the main line may be removed temporarily from that religious dietary component. In addition, those who purchase and/or consume non-certified foods from the commissary may also be temporarily removed from that dietary component.
Inmates will be notified in writing of a religious diet violation and potential removal from the religious diet program via a BP-A0820, Notification of Inmate Religious Diet Violation form. Removal is not punitive in nature, but provides an opportunity for the inmate and staff to reevaluate whether the program meets the inmate’s religious dietary needs. At the inmate’s request for reinstatement, the Chaplain will conduct an oral interview and the inmate’s religious dietary needs will be re-assessed to determine which of the dietary components meet his/her religious dietary needs.
d. Based on the orderly running of the religious diet program and the institution, the
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Chaplain may arrange for on annual ceremonial or commemorative meal for each religious group. An inmate may attend one religious ceremonial meal in a calendar year.
Ceremonial or commemorative meals will be served in the Food Service, unless the Warden authorizes otherwise. To maintain equity in menu design, all meals must be prepared from food items on the institution master menus.
Chaplains may use a small portion of the annual Chaplaincy Services budget to acquire traditional/ritual foods to supplement the mainline foods served for the ceremonial meal.
If purchasing ritual/traditional foods, a per capita equity formula is to be determined locally. To determine the per capita cost, the total amount of appropriated funds designated for this purpose shall be divided by the total number of inmates participating in all ceremonial meals for the fiscal year. To prevent waste or abuse, the total amount per faith group is to be no less than $10 and not greater than $200.
The Food Service Department is the only source of procurement for all meal items. Pursuant to Department of Justice Order 2400.02 Solicitation and Acceptance of Gifts to the Department, foods for ceremonial meals may not be donated. Based on the secure and orderly running of the institution, foods for ceremonial meals may not be catered.
Inmates must submit a BP-A0148, Inmate Request to Staff, to the Chaplain 60 days before the ceremonial meal requesting ritual/traditional foods. The Chaplain will consult with the Food Service Administrator to develop the menu for each ceremonial or commemorative meal at least 45 days before the scheduled date of the observance. This facilitates timely food ordering and preparation.
e. Religious Fasts. There are generally two different types of fasts, a public and a private or personal fast. When inmates observe a public fast, i.e., one observed by many faith adherents, Food Service will provide a meal nutritionally equivalent to the meal(s) missed. Public fasts usually begin and end at specific times. Accommodations may also be made for bagged meals at times when Food Service is normally closed.
When an inmate fasts for personal religious reasons, no special accommodations need to be made for the meal(s) missed. Requests for meals after a personal fast should be determined on a case-by-case basis, applying sound correctional and pastoral judgment. A listing of public fast days and religious holy days is available on the Central Office Chaplaincy Services’ Sallyport page.
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15. ANNUAL REPORT. Each institution will submit an annual report to the CSB. The reporting year will be from October 1st – September 30th. The institutions will receive the report from the CSB. The appropriate Associate Warden and Warden will sign the report prior to forwarding to the Assistant Chaplaincy Administrator (ACA). The completed report will be sent to the ACA by the third
Friday in December. The CSB will compile the information and provide a summary report to the Regional Directors by the second Friday of May. A signed copy of the report will be retained in the institutional Chaplain’s office.
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REFERENCES
Program Statements
P3939.08 Chaplains’ Employment, Responsibilities, and Endorsements (10/24/2022)
Forms (BP-A0101) Request for Purchase (Delivery/Task Order) (BP-A0148) Inmate Request to Staff (BP-A0200) Special Purpose Order Request – Inmate (BP-A0301) Authorization to Release Confidential Information (BP-A0331) Authorization to Receive Package or Property (BP-A0383) Inmate Personal Property Record (BP-A0700) Notification of Religious Diet Accommodation (BP-A0777) Credentials of Religious Volunteer (BP-A0778) Credentials of Religious Contractor (BP-A0820) Notification of Inmate Religious Diet Violation (BP-A0822) New or Unfamiliar Religious Components Questionnaire (BP-A1031) Inmate Emergency Notification Form (BP-A1142) Religious Diet Interview
Rules cited in this Program Statement are contained in 28 CFR 548.10-20 and 28 CFR 540.48
ACA Standards Performance-Based Standards and Expected Practices for Adult Correctional Institutions, 5th Edition: 5-ACI-4A-27, 5-ACI-3D-04, 5-ACI-5A-03, 5-ACI-5C-07, 5-ACI-5C-08, 5-ACI-
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6C-02, 5-ACI-6C-16, 5-ACI-5E-10, 5-ACI-7F-01, 5-ACI-7F-02, 5-ACI-7F-03, 5-ACI-7F-04, 5-
ACI-7F-05, 5-ACI-7F-06, 5-ACI-7F-07, 5-ACI-7F-08.
American Correctional Association Standards Performance-Based Standards for Local Adult Detention Facilities, 4th Edition: 4-ALDF-2A-66, 4-ALDF-6B-02, 4-ALDF-4A-10, 4-
ALDF- 4D-12, 4-ALDF-4D-23, 4-ALDF-4C-13(M), 4-ALDF-5C-18, 4-ALDF-5C-19, 4-ALDF-
5C-20, 4-ALDF-6D-01, 4-ALDF-5C-17, 4-ALDF-5C-22, 4-ALDF-5C-23, 4-ALDF-5C-24.
American Correctional Association 2 nd Edition Standards for the Administration of Correctional Agencies: 2-CO-5E-01
Records Retention Requirements Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) system in Sallyport.
U.S. Department of Justice Federal Bureau of Prisons
CHANGE NOTICE
OPI RSD/CSB
NUMBER 3939.08, CN-2
DATE February 24, 2025
Chaplains’ Employment, Responsibilities, and Endorsements
/s/ Approved: William W. Lothrop Acting Director, Federal Bureau of Prisons
This Change Notice (CN) implements the following changes to Program Statement 3939.08, CN- 1, Chaplains’ Employment, Responsibilities, and Endorsements, dated February 14, 2023, to remove references to any concept that may conflict with the January 20, 2025, Executive Order Ending Radical and Wasteful Governmental DEI Programs and Preferencing. The deletions are marked with a strikethrough.
1. PURPOSE AND SCOPE
a. Program Objectives.
- The hiring procedures for chaplains will be centralized and standardized.
- The endorsement process for chaplains will ensure professional and ecclesiastical integrity of those called to serve as pastors to inmates.
- The Bureau’s ministry will be enhanced and made more effective by support from religious bodies which represent the diverse religious needs of the inmate population.
- Ecclesiastical and ministerial duties and work schedules of chaplains will be delineated.
2. HIRING CONSIDERATIONS FOR CHAPLAINS
a. Hiring Flexibilities. The agency will utilize the full scope of chaplaincy hiring flexibilities to best meet diverse religious hiring needs and hard-to-fill Chaplaincy needs.
U.S. Department of Justice Federal Bureau of Prisons
CHANGE NOTICE
OPI: RSD/CSB NUMBER: 3939.08, CN-1 DATE: February 14, 2023
Chaplains’ Employment, Responsibilities, and Endorsements
/s/ Approved: Colette S. Peters Director, Federal Bureau of Prisons
This Change Notice (CN) implements the following changes to Program Statement 3939.08, Chaplains’ Employment, Responsibilities, and Endorsements, dated October 24, 2022.
The deleted text is struck through.
2. HIRING CONSIDERATIONS FOR CHAPLAINS
Chaplains are Excepted Service governmental employees. Chaplains are employed to ensure the free exercise of religion for inmates, lead worship and religious studies out of their own faith tradition, facilitate religious accommodations across faith lines, offer pastoral care, and provide faith-based reentry programming.
a. Hiring Flexibilities. The agency will utilize the full scope of chaplaincy hiring flexibilities to best meet diverse religious hiring needs and hard-to-fill Chaplaincy needs.
b. Chaplaincy Application and Selection: The Chaplaincy Services Branch (CSB) will
work with the Human Resources Management Division (HRMD) on posting of Chaplaincy vacancy announcements and processing applicants following Office of Personnel Management (OPM) Excepted Service guidelines and branch procedures.
The Chaplaincy Administrator and/or their designee will review each institutional (Standard Form 52) Request for Personnel Action before an agency Chaplaincy announcement is posted and make recommendations on how the announcement should be issued to best meet specific institutional and religious needs. This includes status employees in competitive
positions seeking appointments as Chaplains. The selecting official for Chaplaincy positions will be the Assistant Director of the Reentry Services Division.
U.S. Department of Justice Federal Bureau of Prisons
PROGRAM STATEMENT
OPI: RSD/CSB NUMBER: 3939.08 DATE: October 24, 2022
Chaplains’ Employment, Responsibilities, and Endorsements
/s/ Approved: Colette S. Peters Director, Federal Bureau of Prisons
1. PURPOSE AND SCOPE
To establish standards and procedures by which Chaplains are hired and maintain their employment with the Federal Bureau of Prisons (Bureau). This Program Statement also:
- Outlines hiring considerations for Chaplains.
- Describes the personal and professional ministry qualifications for Chaplains.
- Describes procedures for maintaining and changing religious endorsement.
- Defines the promoting procedures for Chaplains.
- Determines the unique duties and work schedules for Chaplains.
- Details the training requirements for Chaplains.
a. Summary of Changes
Policy Rescinded P3939.07 CN-1 Chaplains’ Employment, Responsibilities, and Endorsements (2/9/2022)
Clarified and updated chaplaincy processes and training opportunities.
b. Program Objectives.
- The hiring procedures for chaplains will be centralized and standardized.
- The endorsement process for chaplains will ensure professional and ecclesiastical integrity of those called to serve as pastors to inmates.
3939.08 10/24/2022 2
- The Bureau’s ministry will be enhanced and made more effective by support from religious bodies which represent the diverse religious needs of the inmate population.
- Ecclesiastical and ministerial duties and work schedules of chaplains will be delineated.
c. Institution Supplement. None required. Should local facilities make any changes
outside changes required in national policy or establish any additional local procedures to implement national policy, the local Union may invoke to negotiate procedures or appropriate arrangements.
2. HIRING CONSIDERATIONS FOR CHAPLAINS
Chaplains are Excepted Service governmental employees. Chaplains are employed to ensure the free exercise of religion for inmates, lead worship and religious studies out of their own faith tradition, facilitate religious accommodations across faith lines, offer pastoral care, and provide faith-based reentry programming.
c. Hiring Flexibilities. The agency will utilize the full scope of chaplaincy hiring flexibilities to best meet diverse religious hiring needs and hard-to-fill Chaplaincy needs.
d. Chaplaincy Application and Selection: The Chaplaincy Services Branch (CSB) will
work with the Human Resources Management Division (HRMD) on posting of Chaplaincy vacancy announcements and processing applicants following Office of Personnel Management (OPM) Excepted Service guidelines and branch procedures.
The Chaplaincy Administrator and/or their designee will review each institutional (Standard Form 52) Request for Personnel Action before an agency Chaplaincy announcement is posted and make recommendations on how the announcement should be issued to best meet specific institutional and religious needs. This includes status employees in competitive positions seeking appointments as Chaplains. The selecting official for Chaplaincy positions will be the Assistant Director of the Reentry Services Division.
3. QUALIFICATIONS FOR STAFF CHAPLAINS
a. Personal Qualifications
Personal qualifications are outlined for all agency staff in the Program Statements Pre-employment, BOP Identifications and Background Investigation, and Employee Development Manual. Following initial hire into a law enforcement position, Chaplains, as all staff, must pass Introduction to Correctional Techniques (ICT) Phase II requirements.
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See the Program Statement Physical and Medical Standards for Newly Hired Correctional Employees.
The four specific requirements for Bureau Chaplaincy are education, professional ministry experience, religious credentialing, and endorsement.
b. Academic Requirements
(1) Bachelor’s Degree. An applicant must possess an earned baccalaureate degree with no less than 120 semester hours from a qualifying educational institution.
(2) Graduate Theological Degree. An applicant must also possess the degree of Master of Divinity or equivalent theological educational qualifications. Equivalent educational qualifications means a conferred degree comprised of no less than 72 semester hours of graduate coursework including:
- 20 semester hours in pastoral ministry.
- 20 semester hours in any combination of theology, ethics, and philosophy of religion.
- 20 semester hours in the study of sacred writings, including the study of languages in which sacred writings are/were written.
- 12 semester hours in religious history and/or world religions.
(3) Qualified Institution. To meet Federal requirements, education must be from colleges, universities, or theological institutions that are accredited by an accrediting body recognized by the U.S. Department of Education. If a degree is from a non-U.S. institution, the applicant must provide a report from a credential evaluation service, which specializes in interpretation of non-U.S. educational credits, verifying the degree’s equivalency.
(4) Formal Supervised Ministry Training. If the Master’s degree program does not indicate formal supervised ministry experience, applicants must have documentation of completing formal training in supervised ministry (e.g. Clinical Pastoral Education [CPE], field theological education program, or professional ministry internship, etc.).
c. Professional Ministry Experience. Applicants must have at least 4,160 hours of
pastoral/spiritual leadership experience. This is equivalent to two years of full-time formal religious leadership experience compatible with the duties of a religious ministry provider in the applicant’s religious organization and relevant to professional chaplaincy. This experience must be gained while in a relationship with the endorsing religious organization. Four units of CPE may satisfy up to one year of the requirement of pastoral and spiritual leadership experience.
3939.08 10/24/2022 4
d. Religious Endorsement. Chaplains must be endorsed by their own religious endorsing body
before being employed by the Bureau and maintain their endorsement as a condition for agency employment. Ordinarily, a person, or group of persons, appointed to carry out this function, gives this endorsement. Some religious traditions, however, have no clearly designated national endorsing person or body. In such cases, the Chaplaincy Administrator, in consultation with the Chaplaincy Services Coordinators (CSCs), will determine the appropriateness of a chaplaincy candidate’s endorsement. Verification of religious endorsement must be provided by submission of a completed (BP-A0679) Religious Endorsement for Chaplaincy form.
For endorsing organizations seeking approval with the Bureau, an (BP-A1120) Ecclesiastical Endorsing Organization Request to Designate Ecclesiastical Endorsing Official form must be submitted for approval prior to endorsing a candidate. The religious endorser would ordinarily be an official agent of a religious organization that functions primarily to perform religious ministries to a non-military and non-prison lay constituency and have a non-profit status. The endorsing agent must have authority from the religious organization to provide and withdraw religious endorsement for chaplaincy work within the Bureau. The applicant must have at least a two-year relationship with the endorsing religious organization. The CSB maintains a listing of recognized religious endorsing organizations.
e. Religious Credentials. Applicants will be ordained clergy or members of ecclesiastically
recognized religious institutes of vowed men or women. In lieu of professional ordination credentials, adequate documentation of the applicant’s recognized religious and ministerial roles in their respective faith communities is required.
f. Religious Faculties: Religious faculties are the jurisdictional authority, privilege, or
permission to perform religious or sacramental rights. If religious faculties are required for the ministry’s function, the Chaplain must have received them from the ecclesiastical jurisdiction where the institution is located before a reporting date is established.
4. CHAPLAIN TRAINEE POSITIONS
The Bureau has established GS-11 Chaplain Trainee entry-level chaplaincy positions. These positions exist for those who have either lack local professional ministry experience or a graduate theological educational degree to qualify at the Staff Chaplain level. Additional information about how institutions may pursue Chaplain Trainees is available on the Central Office Chaplaincy Services Branch intranet page. After completing one full-year with the agency, with at least a Fully Successful/Achieved Results evaluation, and upon completing the academic requirements satisfactorily, the Chaplain Trainee is eligible for a subsequent appointment at the GS-0060-12 level.
3939.08 10/24/2022 5
5. MAINTAINING RELIGIOUS ENDORSEMENT
Endorsement must be maintained throughout each Chaplain’s tenure. Each Chaplain is required to complete the (BP-A1119) Chaplain Endorsement Verification form on a biannual basis.
a. Attendance at Annual Conference or Spiritual Retreat. Chaplains must foster their
ecclesiastical relationships with their endorsing bodies. Chaplains are authorized administrative leave by the local Chief Executive Officer (CEO) to attend an annual conference or spiritual retreat conducted by or under the auspices of the endorsing body. Each Chaplain should schedule (in consultation with their supervisor), as far in advance as possible to ensure appropriate program coverage, attendance at an annual conference or spiritual retreat not exceeding five consecutive working days.
Attendance at an annual conference or spiritual retreat is considered official government travel. Chaplains may submit local requests for funding. The Chaplain will ensure a travel authorization is pre-approved in accordance with Bureau travel procedures with supporting documentation. Such requests will be within the United States and U.S. Territories, unless otherwise approved by the National Chaplaincy Administrator.
b. Changes in Endorsement. The Chaplain and endorsing body must notify the
Chaplaincy Administrator whenever there is a change in endorsement to ensure the Chaplain’s continued endorsement. Upon completion of the change of endorsement, the Chaplain will submit a new (BP-A0679) Religious Endorsement for Chaplaincy form to the Chaplaincy Administrator.
The CSB maintains a listing of recognized ecclesiastical endorsing bodies and affirms the Chaplains’ relationships with their respective endorsing body. The Chaplaincy Administrator or designee communicates with the endorsers.
6. DUTIES AND WORK SCHEDULES OF CHAPLAINS
In order to meet the religious accommodations of inmates, Chaplains work evenings and weekends. Ordinarily, Chaplains are required to work two evenings. However, Chaplains will not be expected to routinely work more than three evenings per week. Ordinarily, evening hour programs will start at 6 pm and will be extended until the institution’s final recall of inmates.
In accordance with religious obligations associated with Chaplains’ endorsement, Chaplains lead religious worship services regularly, facilitate seasonal holy days within their faith tradition, and are encouraged to offer faith-specific studies.
3939.08 10/24/2022 6
Chaplains share pastoral duties, supervision of inmate groups, and administrative functions equitably. Chaplaincy departments meet regularly for planning and team building. Additionally, the department will conduct an annual staff retreat.
When staff members are needed to cover emergency posts, chaplains will be assigned posts consistent with their pastoral roles. Chaplains ordinarily should not be assigned to mass shakedowns, searching inmates, or the more visible custody posts as they maintain high visibility throughout the institution and provide needed crisis intervention and pastoral care.
7. TRAINING FOR CHAPLAINS
- Chaplains will adhere to the most current version of the Bureau’s Mandatory Training Standards.
- Chaplains will have the option to complete firearms training; however, once participation is waived, the individual cannot participate in local annual refresher firearms training.
- Chaplains may submit additional continuing education training requests to CSB.
3939.08 10/24/2022 7
REFERENCES
Program Statements
P3732.01 BOP Identifications and Background Investigation (5/22/2018)
P3906.24 Physical and Medical Standards for Newly Hired Correctional Employees (2/24/2017)
Other References Title 5 CFR Part 302 Employment in the Excepted Service (This authority is derived from 5 U.S.C.§§ 1302, 3301, 3302, and 8151)
ACA Standards Performance-Based Standards and Expected Practices for Adult Correctional Institutions, 5th Edition: 5-ACI-1D-14, 5-ACI-7F-01, 5-ACI-7F-02, 5-ACI-7F-03, 5-ACI-7F-04 Performance-Based Standards for Adult Local Detention Facilities, 4th Edition: 4-ALDF- 5C-18, 4-ALDF-5C-19, 4-ALDF-5C-20, 4-ALDF-6D-01 Standards for Administration of Correctional Agencies, 2nd Edition: 2-CO-5E-01 Standards for Correctional Training Agencies: None
Records Retention Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) on Sallyport.
Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026