Religious Services and Accommodations in Jails and Prisons

If someone feels that their religious needs are not being met, whether in jail or prison facilities, they should first try to speak with a chaplain or file a request within the prison system for religious services or accommodation. In a jail facility, this may entail filing a request or grievance with a jail administrator that clearly states one’s beliefs and the services or accommodations one is requesting. In a prison, that may include asking a chaplain, case manager, or other prison official for a DC-572 Request for Religious Assistance, which should be submitted to the Chaplaincy Services Director. See NCDAC Policy and Procedure Manual H .0100 Religious Services.  If neither talking with a chaplain or case manager, or filing the formal request resolves the problem, the person should file a grievance regarding the issue using the jail or prison’s internal grievance process, and take (“exhaust”) any appeals that can be taken inside that process before going to court. Under the law, this is required before a person in prison can file a lawsuit about something that happened to them in prison. 

Lawsuits about the free exercise of religion in jails and prison are most often brought in federal court under both the First Amendment of the U.S. Constitution and under the Religious Land Use and Institutionalized Persons Act (RLUIPA). These kinds of claims have slightly different requirements, but in both cases, the person needs to show that the facility’s policy places a substantial burden on the practice of that person’s religion. For Constitutional claims, the claim can be dismissed if the prison can show that there is a legitimate penological interest (such as a security risk or safety concern) for the policy. For claims under RLUIPA, the court will consider whether the policy advances a compelling governmental interest and whether the policy is the least restrictive means to fulfill that interest. Claims under RLUIPA are easier to prove, however, the courts cannot award money damages in RLUIPA cases. Because of the limits of our resources,our office is not able to represent every person who writes to us regarding failure to protect claims. However, read every letter that we get, and, when we cannot offer to represent someone, we write back and send forms, manuals or other information if we have it, to help people in prison file suit on their own.