Fla. Admin. Code Ann. R. 33-503.001 - Chaplaincy Services
(1) Organization
and Functions.
(a) The Chaplaincy Services
Section is responsible for:
1. Developing and
evaluating religious programs throughout the Department,
2. Coordinating all religious activities
within the Department,
3. Providing
general assistance and guidance to chaplains, and
4. Representing the Department, with the
approval of the Secretary, on all religious matters.
(b) The chaplaincy services administrator is
the chief administrative officer of the Chaplaincy Services Section and directs
and coordinates all activities of the section.
(c) The chaplain of each institution is
directly responsible to the area chaplaincy services specialist and coordinates
activities with the institution's security staff. The chaplain plans,
coordinates, and supervises all religious activities and services at the
institution and is responsible for the moral and spiritual well-being of all
inmates, including the non-religious.
(2) Policy.
(a) It is the policy of the Department to
extend to all inmates the greatest amount of freedom and opportunity for
pursuing individual religious beliefs and practices consistent with the
security and good order of the institution.
(b) Programs of the Department and activities
of the chaplains shall be designed to assist inmates in the expansion of their
knowledge and understanding of and commitment to the beliefs and principles of
their respective religions.
(c)
There shall be no discrimination for or against an inmate based on his
religious beliefs or practices, but:
1. An
inmate's religious practices may be relevant to an assessment of his adjustment
and progress toward rehabilitation; and,
2. Religious beliefs do not justify violation
of Department or institutional rules and regulations.
(3) Religious Services and
Rituals.
(a) All religious services, rituals,
or activities at the institution shall be conducted or supervised by the
chaplain or other employee or regular service volunteer.
(b) Participation in or attendance at any
religious program, service, or activity is voluntary.
(c) In the interest of security, order, or
effective management of the institution, the warden may limit the number of
religious services or activities inmates may attend per week. When it is
considered necessary for security or good order of the institution, the warden
may limit attendance at or discontinue completely a religious service or
activity. The warden may not restrict or allow the religious group itself to
restrict attendance at or participation in a religious service or activity on
the basis of race, color, or nationality. Inmates are allowed to visit
religious services other than their own so long as the services are not
scheduled by call-out, the inmate visits the religious service during his own
free time, and the inmate does not provoke disruption of the service. The
volunteer clergy or religious leader is authorized to limit participation in
specific sacraments to members of the faith according to the faith tradition.
Inmates attending a religious service or activity may be required to sign an
attendance record.
(d) Appropriate
liturgical apparel, such as skull caps, head shields, and prayer shawls, may be
worn during a religious activity.
(e) Rituals of specific faiths or
denominations may be conducted when appropriate facilities are available. If no
institutional facilities are available, the warden may authorize ritual
services outside the institution when security procedures permit.
(f) The warden or designee may authorize the
introduction into the institution of altar or sacramental wine to be used in a
sectarian or interfaith service when the use of such wine is deemed essential
to the observance of the service. Only the quantity needed for a specific
service may be brought into the institution. Storage of wine for use in future
services shall not be permitted. In every instance, the control of such
elements shall be the responsibility of the institution chaplain.
(g) Inmates in the general population may
transport the following items for individual worship, as defined in Rule
33-602.201,
F.A.C., from their assigned cells or individual sleeping areas to the
institutional chapel or other designated program area for the purpose of
participating in a scheduled religious program, service, or activity for which
the item is necessary or appropriate, as determined by the chaplain:
1. Jewish - prayer shawl,
2. Muslim - prayer rug,
3. Asatru or Odinism - runes and accompanying
cloth bag,
4. Greek Orthodox -
prayer rope,
5. Buddhist - black or
brown Rakusu.
(h)
Notwithstanding any other Department rule, procedure, or policy, approved
tobacco, lighters, and matches may be used during approved religious ceremonies
that require the use of such items.
(4) The chaplain shall develop and conduct a
program of religious education at the institution.
(5) The chaplain shall be available to
counsel all inmates, regardless of their classification or status, and shall
have access to all areas of the institution.
(6) The chaplain shall be authorized to
maintain written communication with inmates where the inmate and the chaplain
have been at the same institution, at the same time, and either the inmate or
the chaplain has transferred to another Florida Department of Corrections
institution under the following conditions:
(a) The written communication must fall
within the scope of clergy professional standards (i.e. provide spiritual
direction, advice, counsel, or encouragement).
(b) Consistent with the effective management
and order of the institution, the chaplain maintaining written communication
with an inmate at another Florida Department of Corrections institution must
inform the chaplain at the inmate's current institutional location.
(7) A communication to a chaplain
from an inmate, if made privately for the purpose of seeking moral or spiritual
counsel and advice from the chaplain in his capacity as chaplain, is
privileged. The chaplain shall not disclose any part of such communication
without the inmate's consent except when necessary to prevent a crime or to
protect the life or safety of any person or the security of the
institution.
(8) The chaplain shall
not attempt to influence an inmate to change his religious preference or
faith.
(9) The chaplain shall be
available to provide moral and spiritual counseling to employees.
(10) An effort shall be made, consistent with
the security, order, and effective management of the institution, to arrange
work assignments and schedules to accommodate the beliefs and practices of
inmates whose religion requires them to abstain from work on religious holy
days.
(11) Activities should be
scheduled to allow each inmate an opportunity to participate in religious
programs and activities of his choice consistent with the security, order, and
effective management of the institution.
(12) Notwithstanding any other Department
rule, procedure, or policy, a female inmate shall be permitted to wear dresses
rather than pants if it is necessary to accommodate the inmate's sincere
religious beliefs.
(13) Inmates who
wish to observe religious dietary laws shall be provided a diet sufficient to
sustain them in good health without violating those dietary laws. Exceptions
may be made only in unusual cases where providing a special diet would:
(a) Require exceeding budgetary
allowances.
(b) Create a threat to
the security, order, or effective management of the institution, or
(c) Amount to unjustified special treatment
of inmates receiving the special diet.
(d) The institution shall prepare and
identify food so that those inmates who wish to abstain from eating pork or
pork products may do so.
(e) The
chaplain shall advise the institutional officials in charge of food services on
all matters relating to the implementation of this subsection.
(14) Religious Publications.
(a) Inmates shall have access to religious
publications through the chapel or institutional library or as provided through
the chaplain.
(b) The chaplain
shall assist inmates in obtaining personal copies of religious books and
periodicals, subject to rules of the Department.
(c) Religious publications shall include the
following:
1. Sacred texts - the primary
religious documents from which the standards of the faith are
derived.
2. Prayer books - the
instructional material, prayers and liturgies for the observation of holy
rituals, services and personal devotion.
3. Devotional literature - religious
commentary, religious calendars, personal instruction in the faith, and sermon
type material.
Notes
Rulemaking Authority 944.09, 944.11 FS. Law Implemented 90.505, 944.09, 944.11, 944.803 FS.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.