Special to IFN
CHARLOTTE – The U.S. Attorney’s Office for the Western District of North Carolina and the Justice Department announced Monday an agreement with the N.C. Department of Adult Correction (NCDAC), expanding opportunities for group religious practice throughout the state prison system and allowing access to kosher-for-Passover meals and Seders.
The agreement resolves the Justice Department’s investigation of NCDAC pursuant to the Religious Land Use and Institutionalized Persons Act (RLUIPA).
“The Constitution and federal law guarantee all Americans the freedom to practice their religion, including people who are incarcerated in jails and prisons,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will protect the religious practices of incarcerated people across North Carolina by allowing members of minority faiths to gather, worship and study. Whether at home with their families, in houses of worship, or behind bars, every person should be able to celebrate religious holidays and gather with their communities of faith.”
“The settlement agreement reaffirms that all individuals in custody retain the right to practice their religion fully and openly during their incarceration,” added Dena J. King, U.S. Attorney for the Western District of North Carolina. “It is our duty to ensure that incarcerated persons are afforded the same religious rights, freedoms and protections as any other citizen. My office is committed to enforcing these rights and ensuring that they are upheld within all correctional facilities in North Carolina.”
Under the agreement, NCDAC has adopted a policy that reduces the minimum number of people for group worship to two and no longer requires the presence of a faith helper for religious gathering. Under the prior policy, NCDAC had minimum participant and faith helper requirements for congregate religious practices by “minority faith groups” that often prevented these groups from gathering for worship, celebration and study. Minority faith groups were defined as non-Christian faiths, including adherents of Islam or Judaism.
In addition, when the Justice Department began its investigation, NCDAC did not provide certified kosher-for-Passover food to incarcerated people who wished to observe the Passover holiday. The agreement requires that NCDAC provide certified kosher-for-Passover meals every year for the eight days of Passover. In addition, NCDAC will provide the opportunity for people who observe Passover to participate in two Seder ritual observances, which will include a Seder plate of ceremonial foods.