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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0442.01 JJC SENATE BILL 98­156

STATE OF COLORADO

BY SENATORS Weddig, Duke, Feeley, Hernandez, Reeves, and Thiebaut;

JUDICIARY

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING THE PROVISION OF PRISON CHAPLAINS IN CORRECTIONAL FACILITIES, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Requires the department to contract with a private organization to act as an independent contractor in order to provide a prison chaplain for each correctional facility. Specifies that the private organization shall bear at least 10% of the salary and benefit costs.

States a legislative intent that the state personnel director will exempt prison chaplains from the state personnel system.

Requires the private organization to assure that each prison chaplain should demonstrate individual counseling and pastoral care skills. Requires the contract with the private organization to require each prison chaplain, among other things, to coordinate religious activities involving diverse faith groups, to assist the department and facility and support its policies, and to provide resources and materials to inmates and staff.

Requires the private organization to certify that each prison chaplain has appropriate credentials, including: A bachelor's degree; a master of divinity degree; 3 years' experience with a congregation; one year of clinical experience; and a denominational endorsement. If the endorsement is withdrawn, requires the private organization to remove the prison chaplain from the facility to which he or she was assigned. Permits the warden to approve of an assignment of a prison chaplain or to request that the prison chaplain be reassigned for reasonable cause.

Requires a prison chaplain to arrange for religious services to be carried out by a qualified individual when the chaplain is prevented from delivering a particular religious service himself or herself.

Prohibits the chaplain or volunteers from disparaging another religion or coercing an inmate to change religious affiliation.

Clarifies that the state prison chaplain program is a good faith effort to accommodate inmates' religious rights and is not an establishment of religion and that all efforts must be balanced against the need to maintain the security of the facility.

Makes an appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 42 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­42­103.  Prison chaplains ­ legislative declaration ­ creation of program. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT CONSULTATION WITH SPIRITUAL LEADERS FOSTERS THE REHABILITATION OF PERSONS CONFINED TO CORRECTIONAL FACILITIES AND IS THEREFORE IN THE BEST INTERESTS OF THE GENERAL PUBLIC. THE GENERAL ASSEMBLY RECOGNIZES THAT IT WOULD BE IMPOSSIBLE TO PROVIDE SPIRITUAL LEADERS ASSOCIATED WITH EVERY RELIGIOUS BELIEF OR DENOMINATION FOR EACH PRISON FACILITY IN THE STATE. IN ENACTING THIS SECTION, THE GENERAL ASSEMBLY THEREFORE INSTRUCTS THE DEPARTMENT TO CONTRACT WITH A PRIVATE ORGANIZATION IN ORDER TO PROVIDE NONDENOMINATIONAL PRISON CHAPLAINS WHO WILL PROVIDE RELIGIOUS SERVICES AS SET FORTH IN THIS SECTION.

(2)  FOR PURPOSES OF THIS SECTION, "PRISON CHAPLAIN" MEANS A QUALIFIED INDIVIDUAL AS SPECIFIED IN SUBSECTION (7) OF THIS SECTION WHO SCHEDULES AND DIRECTS THE FACILITY'S DIVERSE RELIGIOUS ACTIVITIES.

(3) (a)  THE DEPARTMENT SHALL CONTRACT WITH A PRIVATE ORGANIZATION OR ORGANIZATIONS TO ACT AS AN INDEPENDENT CONTRACTOR FOR PURPOSES OF PROVIDING A PRISON CHAPLAIN FOR EACH CORRECTIONAL FACILITY. THE CONTRACT SHALL PROVIDE THAT THE CONTRACTING ORGANIZATION SHALL BEAR AT LEAST TEN PERCENT OF THE COSTS OF THE SALARIES AND BENEFITS OF THE PRISON CHAPLAINS.

(b)  THE GENERAL ASSEMBLY HEREBY FINDS THAT THERE ARE UNIQUE DEMANDS FOR APPROPRIATE SPIRITUAL AND RELIGIOUS LEADERSHIP SERVICES WITHIN STATE CORRECTIONAL FACILITIES, THAT PRISON CHAPLAINS SHOULD HAVE HIGHLY SPECIALIZED QUALIFICATIONS, AND THAT THE NECESSARY EXPERT KNOWLEDGE AND EXPERIENCE ARE NOT NORMALLY AVAILABLE THROUGH THE STATE PERSONNEL SYSTEM. IN VIEW OF THE FOREGOING, THE GENERAL ASSEMBLY DECLARES THAT ITS INTENT IN ENACTING THIS SECTION IS THAT THE STATE PERSONNEL DIRECTOR DETERMINE THAT A PRISON CHAPLAIN PROVIDING SERVICES PURSUANT TO THIS SECTION AS AN EMPLOYEE OF THE INDEPENDENT CONTRACTOR WITH THE DEPARTMENT WILL BE EXEMPT FROM THE STATE PERSONNEL SYSTEM PURSUANT TO SECTION 24­50­504, C.R.S.

(4)  THE PRIVATE ORGANIZATION SHALL ASSURE THAT EACH PRISON CHAPLAIN DEMONSTRATES PASTORAL CARE SKILLS WITH SENSITIVITY, APPROACHABILITY, AND AVAILABILITY TO BOTH INMATES AND STAFF. PASTORAL CARE SKILLS SHALL INCLUDE BUT ARE NOT LIMITED TO:

(a)  PROVIDING INDIVIDUAL SPIRITUAL AND PERSONAL COUNSELING;

(b)  HELPING TO BRING RESOLUTION TO CRISIS SITUATIONS INVOLVING INMATES, STAFF, OR THEIR FAMILIES;

(c)  BEING VISIBLE IN ALL AREAS OF THE FACILITY; AND

(d)  RESPONDING TO IDENTIFIED NEEDS OF INMATES;

(5)  THE CONTRACT WITH PRIVATE ORGANIZATION SHALL PROVIDE THAT EACH PRISON CHAPLAIN WILL EMPLOY IMPARTIAL RELIGIOUS LEADERSHIP TO MEET THE DIVERSE NEEDS OF DIFFERENT FAITH GROUPS. THE CONTRACT SHALL SPECIFY THAT THE PRISON CHAPLAIN'S DUTIES IN PROVIDING RELIGIOUS LEADERSHIP INCLUDE BUT ARE NOT LIMITED TO:

(a)  PROVIDING REGULAR, PERSONAL LEADERSHIP AT WORSHIP AND PRAYER GATHERINGS OF HIS OR HER OWN FAITH;

(b)  PROVIDING PERSONAL OVERSIGHT OF ALL RELIGIOUS INMATE SERVICES AND MEETINGS;

(c)  WORKING COLLABORATIVELY WITH OTHER CHAPLAINS IN ALL ASPECTS OF THE MINISTRY; AND

(d)  COORDINATING THE FAIR AND EQUITABLE MANAGEMENT OF COMMUNITY RESOURCES, INCLUDING PERSONNEL IN VOLUNTEER AND CONTRACT ROLES.

(6)  THE CONTRACT WITH THE PRIVATE ORGANIZATION SHALL SPECIFY THAT EACH PRISON CHAPLAIN WILL UTILIZE INDEPENDENT MANAGEMENT TOOLS AND TECHNIQUES TO OVERSEE THE RELIGIOUS FUNCTIONS AND SERVICES PROVIDED AT THE CORRECTIONAL FACILITY. THE CONTRACT SHALL PROVIDE THAT, AT A MINIMUM, THE PRISON CHAPLAIN SHALL:

(a)  SUPPORT THE POLICIES AND NEEDS OF THE CORRECTIONAL FACILITY;

(b)  COORDINATE PROGRAMS PROVIDED BY VOLUNTEERS WHO ARE PROVIDING RELIGIOUS SERVICES;

(c)  MANAGE NECESSARY FINANCIAL RESOURCES AND INFORMATION SYSTEMS; AND

(d)  PARTICIPATE IN CORRECTIONAL FACILITY MEETINGS AS NEEDED.

(e)  COMMUNICATE TO INMATES THE MISSION AND GOALS OF THE CORRECTIONAL FACILITY;

(f)  BE A READY RESOURCE OF EXPERT INFORMATION TO CORRECTIONAL FACILITY STAFF;

(g)  COMMUNICATE CLEARLY AND IN A TIMELY WAY THE RELIGIOUS ACTIVITIES OF THE FACILITY; AND

(h)  PROVIDE TRAINING PROGRAMS AND MATERIALS FOR STAFF REGARDING NEW OR UNFAMILIAR ISSUES OF INMATE RELIGIOUS BELIEFS AND PRACTICES.

(7)  THE CONTRACTING PRIVATE ORGANIZATION SHALL CERTIFY THAT EACH PRISON CHAPLAIN HAS THE FOLLOWING CREDENTIALS:

(a)  BE AN ORDAINED PERSON, OR IN LIEU OF FORMAL RELIGIOUS CREDENTIALS, AN APPLICANT MAY PROVIDE COMPARABLE DOCUMENTATION OF HIS OR HER RECOGNIZED RELIGIOUS MINISTERIAL ROLE IN HIS OR HER FAITH COMMUNITY;

(b)  POSSESS AN EARNED BACHELOR'S DEGREE FROM AN ACCREDITED COLLEGE OR UNIVERSITY. OFFICIAL TRANSCRIPTS SHALL BE PROVIDED BY THE APPLICANT DEMONSTRATING ACHIEVEMENT OF THE BACHELOR'S DEGREE.

(c)  POSSESS AN EARNED MASTER OF DIVINITY DEGREE, CONSISTING OF AT LEAST NINETY SEMESTER HOURS, FROM AN ACCREDITED RESIDENTIAL SEMINARY OR SCHOOL OF THEOLOGY. OFFICIAL TRANSCRIPTS SHALL BE PROVIDED BY THE APPLICANT DEMONSTRATING ACHIEVEMENT OF THE MASTER'S DEGREE, OR THE APPLICANT SHALL PROVIDE OTHER DOCUMENTATION OF A MASTER'S DEGREE AND COMPARABLE COURSE WORK WITH AN EMPHASIS ON RELIGIOUS PLURALISM.

(d)  PROVIDE DOCUMENTATION OF AT LEAST THREE YEARS' AUTONOMOUS SPIRITUAL LEADERSHIP EXPERIENCE IN A CONGREGATIONAL OR SPECIALIZED MINISTERIAL SETTING, BEYOND THE TIME OF MINISTERIAL TRAINING OR PREPARATION;

(e)  PROVIDE DOCUMENTATION OF AT LEAST ONE YEAR OF EXPERIENCE OR TRAINING IN A FORMAL CLINICAL SETTING; AND

(f)  POSSESS A DENOMINATIONAL ENDORSEMENT THAT ATTESTS TO THE APPLICANT'S SUITABILITY FOR CORRECTIONAL MINISTRY, SUPPORTS THE APPLICANT'S CANDIDACY, AND PROVIDES AN UNEQUIVOCAL STATEMENT THAT THE APPLICANT HAS NO PAST IMPEDIMENT TO CONGREGATIONAL MINISTRY OR TO NONDENOMINATIONAL CORRECTIONAL MINISTRY.

(8)  IF A PRISON CHAPLAIN'S DENOMINATIONAL ENDORSEMENT REQUIRED BY SUBSECTION (7) OF THIS SECTION IS WITHDRAWN AT ANY TIME, THE PRIVATE ORGANIZATION SHALL REMOVE THE PRISON CHAPLAIN FROM THE CORRECTIONAL FACILITY TO WHICH HE OR SHE WAS ASSIGNED.

(9)  THE WARDEN OF A CORRECTIONAL FACILITY SHALL HAVE AUTHORITY TO APPROVE THE ASSIGNMENT OF A PRISON CHAPLAIN TO THE WARDEN'S FACILITY. A WARDEN OF A CORRECTIONAL FACILITY MAY REQUEST THAT THE PRIVATE ORGANIZATION REASSIGN A CHAPLAIN FOR REASONABLE CAUSE. THE PRIVATE ORGANIZATION SHALL REQUIRE THE CHAPLAIN TO PROVIDE CHAPLAIN SERVICES AT TIMES OUTSIDE TRADITIONAL WORKING HOURS.

(10)  A PRISON CHAPLAIN SHALL ARRANGE WITH OTHER REPRESENTATIVES OF FAITH GROUPS IN THE COMMUNITY TO PROVIDE SPECIFIC RELIGIOUS SERVICES THAT THE PRISON CHAPLAIN CANNOT PERSONALLY DELIVER DUE TO RELIGIOUS PRESCRIPTIONS OR ECCLESIASTICAL CONSTRAINTS TO WHICH THE CHAPLAIN ADHERES. THE WARDEN OR THE PRISON CHAPLAIN MAY REQUIRE A RECOGNIZED REPRESENTATIVE OF THE FAITH GROUP TO VERIFY A VOLUNTEER'S RELIGIOUS CREDENTIALS PRIOR TO APPROVING THE VOLUNTEER'S ENTRY INTO THE CORRECTIONAL FACILITY.

(11)  NO ONE PROVIDING RELIGIOUS SERVICES PURSUANT TO THIS SECTION, INCLUDING PRISON CHAPLAINS OR VOLUNTEER REPRESENTATIVES OF OTHER FAITH GROUPS, SHALL DISPARAGE THE LEGITIMATE RELIGIOUS BELIEFS OF AN INMATE OR THE BELIEFS OR PRACTICES OF ANOTHER DENOMINATION, NOR COERCE OR HARASS AN INMATE TO CHANGE RELIGIOUS AFFILIATION.

(12) (a)  THE GENERAL ASSEMBLY FINDS THAT THIS SECTION IS A GOOD FAITH EFFORT TO ACCOMMODATE INMATES' RELIGIOUS RIGHTS PURSUANT TO THE FEDERAL AND STATE CONSTITUTIONS. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS:

(I)  CREATING FOR ANY INMATE AN ENTITLEMENT TO RELIGIOUS SERVICES;

(II)  ESTABLISHING AN ABSOLUTE RIGHT TO ANY RELIGIOUS BELIEF OR PRACTICE OF AN INMATE;

(III)  CREATING ADDITIONAL LIABILITY FOR THE STATE;

(IV)  CREATING A NEED TO CONSTRUCT OR REMODEL EXISTING FACILITIES; OR

(V)  AN ESTABLISHMENT OF RELIGION.

(b)  ANY ACTIVITY INITIATED PURSUANT TO THIS SECTION SHALL BE BALANCED AGAINST THE NECESSITY OF MAINTAINING THE SECURITY AND GOOD ORDER OF THE FACILITY OR CORRECTIONS SYSTEM, AS DETERMINED BY THE DEPARTMENT OR WARDEN OF THE CORRECTIONAL FACILITY.

(13)  THE EXECUTIVE DIRECTOR SHALL PROMULGATE SUCH RULES AS ARE NECESSARY TO IMPLEMENT THIS SECTION.

SECTION 2.  Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of corrections, for the fiscal year beginning July 1, 1998, the sum of ____________ dollars ($ ), or so much thereof as may be necessary, for the implementation of this act.

SECTION 3.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.