ADMINISTRATIVE CODE

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER c: PROGRAMS AND SERVICES
PART 2425 CHAPLAINCY SERVICES AND RELIGIOUS PRACTICES

Section 2425.12 Definitions

Section 2425.15 Responsibilities

Section 2425.20 Accommodation of Religious Beliefs

Section 2425.30 Religious Practice Advisory Board (Repealed)

Section 2425.40 Chaplains and Religious Program Volunteers

Section 2425.50 Religious Activities

Section 2425.60 Accommodation of Religious Diets

Section 2425.70 Religious Publications and Recordings

Section 2425.80 Religious Items

Section 2425.90 Institutional Work and Program Assignments

Section 2425.100 Requests for Religious Accommodations

Section 2425.110 Religious Grievances

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER c: PROGRAMS AND SERVICES
PART 2425 CHAPLAINCY SERVICES AND RELIGIOUS PRACTICES
SECTION 2425.12 DEFINITIONS

Section 2425.12 Definitions

"Chaplain" means an individual who is commissioned, licensed, ordained or endorsed as required by the individual's religious faith and with whom the facility has employed or contracted to conduct religious activities within a youth center.

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Faith representative" means a religious program volunteer who is commissioned, licensed, ordained, endorsed or otherwise accepted as a religious authority by the individual's religious faith.

"Religious activity" includes religious services, prayers, rituals, ceremonies, celebrations, study groups and meetings.

"Religious leader" means a member of the community who is commissioned, licensed, ordained, endorsed or otherwise accepted as a religious authority by the individual's religious faith.

"Religious program volunteer" means a member of the community who is recognized by a faith group and who has been approved by the youth center in accordance with 20 Ill. Adm. Code 2435 (Volunteer Services) to conduct specific religious activities on a volunteer basis.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.15 Responsibilities

a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Part specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.20 Accommodation of Religious Beliefs

a) Committed youth shall be provided reasonable opportunities to pursue their religious beliefs and practices subject to concerns regarding security, safety, rehabilitation, institutional order, space and resources.

b) Participation in or attendance at religious activities shall be voluntary.

c) Committed youth shall not pressure or coerce other persons to join or participate in the activities of a particular religion.

d) Committed youth shall not engage in religious activities that may encourage violence against others or are likely to disrupt institutional safety or operations.

e) Committed youth shall be requested to designate their religious affiliation during the orientation process. Designation of religious affiliation does not constitute endorsement or recognition of that religion by the Department.

f) A committed youth's attendance at a religious activity other than his or her designated faith shall be accommodated unless the youth center chaplain determines that the request is not operationally feasible due to factors such as security, safety, rehabilitation, institutional order, space and resources.

g) Committed youth desiring to designate their religious affiliation after the orientation process or to change their designated religious affiliation shall submit the written request to the youth center chaplain. The youth center chaplain may refuse to change the affiliation if it is determined that the change is being requested for other than religious reasons. This determination may be based, among other matters, on the frequency of changes or a pattern of changing religious affiliation prior to a particular faith group's scheduled holiday or celebration.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.30 Religious Practice Advisory Board (Repealed)

(Source: Repealed at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.40 Chaplains and Religious Program Volunteers

a) The Department may utilize chaplains and religious program volunteers on a full-time or part-time basis.

b) Religious program volunteers who provide religious activities to committed youth shall not normally be reimbursed for travel expenses. However, the Chief Administrative Officer may approve reimbursement for travel expenses, not to exceed the reimbursement rate applicable to State employees. In determining whether to approve reimbursement, the Chief Administrative Officer shall consider the recommendation of the Director as well as factors such as: distance traveled, number of hours at the facility, frequency of visits, fiscal resources, availability of other volunteers of that faith, and whether religious program volunteers of religious groups of comparable size have been compensated for travel of a similar nature.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.50 Religious Activities

a) The Director or his or her designee shall confer with religious leaders or faith representatives on matters including, but not limited to, the following:

1) Religious grievances filed by committed youth;

2) Requests from committed youth for religious diets, non-traditional religious symbols, headgear, clothing and other religious items;

3) Requests from committed youth for religious activities not currently offered at the youth center and for religious activities permitted under subsection (f);

4) Requests from committed youth for relief from a work assignment or institutional program for specific religious reasons; and

5) Issues involving training, screening and reimbursement of religious volunteers.

b) Religious activities approved by the Chief Administrative Officer shall be conducted or supervised by a chaplain or religious program volunteer.

c) The Chief Administrative Officer, after consultation with the youth center chaplain, shall regulate the time, place and way religious activities are conducted. The Chief Administrative Officer may limit, restrict, discontinue or deny a religious activity based upon concerns regarding security, safety, rehabilitation, institutional order, space or resources.

d) Nothing in this Part shall require the provision of group religious activities to committed youth in reception and classification centers, confinement areas or specialized housing units within the youth center, such as the hospital.

e) Nothing in this Part shall require the Department to provide each separate religious group or sects within a group with a chaplain or with separate religious activities regardless of the size of the religious group or the extent of the demand for the activities.

f) Committed youth shall be prohibited from assuming a position of authority or leadership over other committed youth. This does not preclude committed youth from actively participating in religious activities in accordance with subsection (g).

g) Religious activities for which religious program volunteers or chaplains of that particular faith are unavailable on a permanent or protracted basis may be permitted if the following conditions are satisfied:

1) Attempts to locate and secure the services of religious leaders or faith representatives from the community were made but those persons either refused or were not approved to conduct religious activities;

2) Security, program or chaplaincy staff are available to attend and supervise the religious activity;

3) Written verification that attendance at existing religious activities does not satisfy the recognized tenets of the committed youth's faith is received;

4) Written agreement by a chaplain, faith representative or recognized religious leader of that faith group to provide general oversight and guidance of the religious activity is received;

5) The Director recommends approval; and

6) The committed youth submits a copy of any proposed sermon or doctrinal interpretation to the Chief Administrative Officer or staff designated to supervise the religious activity for review and approval prior to delivery, based on safety and security concerns.

h) The staff supervisor may call upon various committed youth to guide portions of the religious activity subject to safety and security concerns.

i) Religious activities defined under subsection (g) shall be prohibited when based solely on the temporary or occasional unavailability of a chaplain or a religious program volunteer.

j) The Chief Administrative Officer may limit, restrict or discontinue religious activities permitted under subsection (g) based upon concerns such as security, safety, rehabilitation, institutional order, space or resources and may require periodic rotation of committed youth permitted to guide portions of religious activities.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.60 Accommodation of Religious Diets

a) Committed youth shall be permitted to abstain from any foods the consumption of which violates their required religious tenets.

b) Any foods that contain pork or pork by-products shall be identified in accordance with 20 Ill. Adm. Code 2502.20 (Menus).

c) A committed youth may submit a written request to the facility chaplain to receive an alternative diet for specific religious reasons. The request must contain written verification that the committed youth is a member of a faith group that requires adherence to a particular diet and the specific requirements of the diet. Eligibility to receive an alternative diet for specific religious reasons shall be determined by the youth center chaplain who shall ordinarily confer with a religious leader or faith representative of the faith group at issue. The youth center chaplain and the religious leader or faith representative may interview the committed youth.

d) A committed youth requesting a dietary modification required by a specific religious holiday or ceremony must submit a written request to the youth center chaplain 45 calendar days before the holiday or ceremony. The request must contain verification that the committed youth is a member of a faith group requiring the dietary modification and the specific requirements of the dietary modification. Eligibility to receive an alternative diet for a specific religious holiday or ceremony shall be determined by the youth center chaplain who shall ordinarily confer with a religious leader or faith representative of the faith group at issue. The youth center chaplain and religious leader or faith representative may interview the committed youth.

e) A committed youth who does not adhere to the alternative diet shall no longer receive the alternative diet, unless otherwise approved by the Chief Administrative Officer.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.70 Religious Publications and Recordings

a) Committed youth may obtain religious publications or recordings in accordance with this Part and Departmental Rules governing purchasing, incoming mail, publications, and personal property (see 20 Ill. Adm. Code 2305 (Funds of Committed Youth), 2525 (Rights and Privileges), and 2535 (Personal Property) or through donations distributed by the chaplain.

b) Religious publications shall be submitted to the Publication Review Committee for review pursuant to 20 Ill. Adm. Code 2525: Subpart C. The Publication Review Committee may confer with the chaplain.

c) Committed youth shall be permitted to receive or possess commercially made religious audio recordings, sealed in cellophane or similar material, that are not available through the commissary and are sent directly from a manufacturer, retailer or distributor. Committed youth shall also be permitted to receive or possess religious audio recordings directly from religious organizations. The Chief Administrative Officer or chaplain may review and deny audio recordings if they are deemed to pose a threat to the safety or security of the institution. If the audio recordings are denied, they shall be submitted to the Director for review.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.80 Religious Items

a) Committed youth may obtain religious symbols, clothing and other items in accordance with this Part and Departmental rules governing purchasing, incoming mail, and personal property (see 20 Ill. Adm. Code 2305 (Funds of Committed Youth), 2525 (Rights and Privileges), and 2535 (Personal Property)) or through the chaplain.

b) Committed youth shall be permitted to have up to two traditionally accepted religious symbols or religious symbols that have been authorized by the Director and that represent their designated faith. These may include, but not be limited to, medals, medallions, scapulars or prayer beads.

c) Religious items may be limited, restricted or denied by the Chief Administrative Officer based upon concerns such as safety, security, rehabilitation, institutional order, space, resources or facilitation of gang identification, recruitment or activity.

1) Certain items, such as candles and incense, shall be restricted by the Chief Administrative Officer or chaplain to use for religious activities only. These items shall be stored in a designated area of the youth center and shall be available upon request for use during approved religious activities held in the chapel or other designated common area.

2) Religious symbols shall not exceed two inches in height or width. The chain upon which a medal or medallion is attached shall not exceed 24 inches in length. The combined value of the medal or medallion and chain shall not exceed $50.

3) The Department may restrict the color of religious items.

4) Rosary beads shall be a solid color, either black, brown or white, and shall not be permitted to be worn as jewelry.

5) Medals or medallions shall not contain precious gems or stones.

6) Medals or medallions shall not be of a design that could be used as a weapon or to conceal contraband.

7) Religious symbols attached to pins shall not be permitted.

8) Prayer rugs may be permitted if utilized as a component of the committed youth's faith but will be limited to the immediate living area during prayer or the area of religious service.

d) Committed youth may wear articles of religious clothing, including but not limited to robes, prayer shawls or talits, only in their immediate sleeping areas during prayer or in the area of religious service if verification is submitted that the clothing is worn as a component of their religion.

e) The wearing of religious headgear, including but not limited to fezzes, kufis and yarmulkes, shall be limited only to the committed youth's immediate sleeping area during prayer and to the area of religious service, provided that verification is submitted that the wearing of the religious headgear is required by the committed youth's designated faith.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.90 Institutional Work and Program Assignments

a) Committed youth shall be relieved from a work assignment, without pay, on a recognized religious holiday or celebration that prohibits work or if the work assignment violates the specific requirements of the committed youth's faith, subject to concerns regarding safety, security, rehabilitation, institutional order, space and resources. Committed youth must initiate the request to be relieved from the assignment by submitting a written request to the Chief Administrative Officer not less than 30 calendar days prior to the holiday.

b) The Chief Administrative Officer may relieve a committed youth from an institutional program or assignment if a religious activity is scheduled at the same time and the committed youth has designated that faith, subject to concerns regarding safety, security, rehabilitation, institutional order, space and resources.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.100 Requests for Religious Accommodations

a) Committed youth requesting religious items shall submit the request in writing to the youth center chaplain and shall be required, if requested by the youth center chaplain or the Director, to include written verification from an outside faith group or from a religious authoritative source that the religious item is necessary for the practice of the committed youth's religion or that the item is a symbol or integral part of the youth's religion.

b) Committed youth requesting religious activities of the type not offered by the Department shall submit the request in writing to the youth center chaplain and shall be required, if requested by the youth center chaplain or the Director, to submit the following information:

1) Written verification that other committed youth belong to that faith and are interested in attending religious activities;

2) The names, addresses and telephone numbers of the outside leaders of the faith;

3) Copies of the by-laws, charters or articles of incorporation, to the extent available;

4) Written verification of the religion's practices, requirements, historical origins, size of membership population, organization hierarchy and structure, role of religious personnel, and dietary restrictions;

5) The time, place and nature of any religious activities to be conducted and the identity of the religious program volunteer who will conduct the requested religious activities, as well as the volunteer's address, telephone number and credentials; and

6) The documentation required under Section 2425.50(g).

c) Committed youth requesting religious accommodations not addressed in this Section may be required, if requested by the youth center chaplain or Director, to provide some or all of the following:

1) The names, addresses and telephone numbers of the outside leaders of the faith;

2) Copies of the by-laws, charters, or articles of incorporation, to the extent available; and

3) Written verification of the religion's practices, requirements, historical origins, size of membership population, organizational hierarchy and structure, role of religious personnel, and dietary restrictions.

d) The chaplain shall inform the Chief Administrative Officer of any religious request and may, as determined necessary, submit the request and any required documentation to the Director.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)

Section 2425.110 Religious Grievances

Any religious issue may be grieved in accordance with 20 Ill. Adm. Code 2504: Subpart C (Grievance Procedures for Youth) or D.

(Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019)