9 NYCRR Part 7024 - Executive Department

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Source version current through Mar 31, 2022

All 11 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7024.1 - Policy

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Prisoners have an unrestricted right to hold any religious belief, and to be a member of any religious group or organization.

(b)Prisoners are entitled to exercise their religious beliefs in any manner that does not constitute a threat to the safety, security or good order of a local correctional facility, or the health of any individual.

(c)No person shall be permitted to proselytize or to seek to convert any prisoner without the consent of such prisoner, nor shall any prisoner be compelled to or dissuaded from exercising any religious belief.

(d)Equal status and protection shall be afforded all prisoners in the exercise of their religious beliefs, except when such exercise results in facility expenditures which are unreasonable or disproportionate to those extended to other prisoners for similar purposes.

9 NYCRR 7024.2 - Congregate religious activities

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of section 7024.1(b) of this Part, all prisoners shall be permitted to congregate for the purpose of religious worship and other religious activities.

(b)Each facility shall provide all prisoners access to an appropriate area for congregate religious worship and other religious activities. This area shall be made available to prisoners in accordance with the tenets of their religion, at times not unduly disruptive of facility routine.

9 NYCRR 7024.3 - Religious advisors

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)As used in this Part, the term religious advisor shall mean a person other than a prisoner whose ecclesiastical credentials have been approved by the chief administrative officer.

(b)Religious advisors shall be permitted to conduct congregate religious activities at least once per week at a time approved by the chief administrative officer. When no religious advisor is available, the chief administrative officer may permit a member of a prisoner religious group to conduct legitimate religious activities.

(c)Consistent with the requirements of section 7024.1(b) of this Part, prisoners shall be permitted confidential consultation with their religious advisors at times not unduly disruptive of facility routine.

9 NYCRR 7024.4 - Celebration of religious holidays or festivals

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Consistent with the requirements of section 7024.1(b) of this Part, prisoners shall be permitted to celebrate religious holidays or festivals on an individual or congregate basis.

9 NYCRR 7024.5 - Supervision of prisoners exercising their religious beliefs

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Each facility shall maintain supervision sufficient to ensure that the exercise of religious beliefs by prisoners does not constitute a threat to the safety, security or good order of a correctional facility, or the health of any individual.

9 NYCRR 7024.6 - Religious dietary laws

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Prisoners are entitled to observe reasonable dietary laws established by their religion. Each facility shall provide prisoners with food items sufficient to meet such reasonable religious dietary laws.

9 NYCRR 7024.7 - Change of religion

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

A prisoner shall be permitted to change his religious affiliation upon application to the appropriate religious authority. The prisoner and the appropriate religious authority shall notify the chief administrative officer of such change.

9 NYCRR 7024.8 - Religious articles

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Consistent with the requirements of section 7024.1(b) of this Part, prisoners shall be entitled to wear and possess religious medals or other religious articles.

9 NYCRR 7024.9 - Exercise of religious beliefs by prisoners in segregation

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Prisoners confined in administrative or punitive segregation shall not be prohibited from exercising their religious beliefs consistent with the requirements of section 7024.1(b) of this Part.

9 NYCRR 7024.10 - Recognition of a religious group or organization

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Prisoner requests to exercise the beliefs of religious groups or organizations not generally well known shall be made to the chief administrative officer.

(b)In determining requests made pursuant to subdivision (a) of this section, the chief administrative officer shall consider the following factors among others as indicating a religious foundation for the belief:

(1)whether there is substantial literature supporting the belief as related to religious principle;

(2)whether there is formal, organized worship by a recognizable and cohesive group sharing the belief;

(3)whether there is an informal association of persons who share common ethical, moral or intellectual views supporting the belief; and

(4)whether the belief is deeply and sincerely held by the prisoner.

(c)In determining requests made pursuant to subdivision (a) of this section, prisoners shall be permitted to present evidence to the chief administrative officer indicating a religious foundation for the belief.

(d)The procedures outlined in section 7024.11 of this Part shall apply when the chief administrative officer denies a prisoner request made pursuant to subdivision (a) of this section.

9 NYCRR 7024.11 - Limitations on the exercise of religious beliefs

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-05-19-00004-A · Adopted rule
Related notice published: Jun 5, 2019
Related notice effective date: Jun 5, 2019

(a)Any determination made by the chief administrative officer to limit the exercise of the religious beliefs of any prisoner shall be made in writing and shall state the specific facts and reasons underlying such determination. A copy of this determination shall be given to any person affected by the determination.

(b)Any determination made pursuant to subdivision (a) of this section shall be reviewed and maintained in accordance with sections 7075.5 and 7075.6 of this Title.

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