Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

37 Pa. Code § 93.6. Religious activities.

§ 93.6. Religious activities.

 (a)  Department responsibilities. The Department will permit inmates to possess approved religious items and make reasonable accommodations for dietary restrictions. The Department will provide chapel facilities at each facility and will permit inmates to request religious accommodations not already being permitted.

 (b)  Religious advisors.

   (1)  If the facility contains a sufficient number of inmates of the same faith, a qualified representative of that faith from the outside community will be appointed and approved by the facility manager. Qualified representative means a person from the outside community who has received endorsement from his faith group authority. Qualified representatives, staff and volunteers will be permitted to hold services that are consistent with the security needs and orderly administration of the facility.

   (2)  Each inmate will be permitted to select a religious advisor from the outside community subject to security needs and orderly administration of the facility. This person will be permitted to visit the inmate on an individual basis in accordance with general rules governing visitation.

 (c)  Accommodation of faiths. Requests for accommodation of faiths will be made according to DC-ADM 819—Religious Activities—which provides a process for inmates to request accommodations not already being provided and for staff review of the requests.

Authority

   The provisions of this §  93.6 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

Source

   The provisions of this §  93.6 adopted August 14, 1971, effective August 15, 1971, 1 Pa.B. 1655; amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 534; amended December 21, 2001, effective December 22, 2001, 31 Pa.B. 6932; amended April 15, 2005, effective April 16, 2005, 35 Pa.B. 2279. Immediately preceding text appears at serial pages (286431) to (286432).

Notes of Decisions

   Visitation

   A prisoner’s right to practice his religion is not absolute, and this section must be considered in light of the general rules governing visitation at §  93.3 (relating to inmate visiting privileges) which allow restrictions on visitations for security reasons. Thus visitation is a discretionary matter for which mandamus will not lie. Feigley v. Jeffes, 522 A.2d 179 (Pa. Cmwlth. 1987).

Cross References

   This section cited in 37 Pa. Code §  93.3 (relating to inmate visiting privileges).



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