First Regular Session
Sixty-second General Assembly
LLS NO. 99-0611.01 Jeff Conway HOUSE BILL 99-1309
STATE OF COLORADO
BY REPRESENTATIVES Hefley, Dean, Kaufman, Gordon, Spradley,
Alexander, Clarke, Johnson, Leyba, Mitchell, Witwer, Zimmerman;
also SENATORS Lamborn, Evans.
JUDICIARY
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE REINSTATEMENT OF THE CHAPLAIN PROGRAM WITHIN
102 THE DEPARTMENT OF CORRECTIONS, AND MAKING AN
103 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.)
Authorizes the department of corrections to provide religious
services to state prisoners through the employment of chaplains. Provides
that said chaplains would be state employees. Authorizes the department
of corrections to implement a nondenominational religious plan that
provides support to state prisoners and supplements the work of the
chaplains.
Defines the duties of chaplains to include: Providing regular
leadership of nondenominational worship; providing nondenominational
spiritual guidance, counseling, and crisis intervention; coordinating all
inmate religious services in the facility; working with other chaplains and
volunteers; coordinating the management of community resources; and
providing information and training to correctional staff.
Requires each chaplain to employ impartial religious leadership
and to make arrangements with other chaplains or volunteers to provide
services he or she is not able to provide. Prohibits a chaplain from
disparaging a person's religious beliefs or coercing or harassing a person
to change or adopt a religious affiliation.
Clarifies the intent to accommodate inmates' religious rights
without creating an entitlement to religious services or establishing an
absolute right to any religious belief or practice, a need to construct or
remodel existing facilities, or an establishment of religion.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Directs that religious activities be balanced against the security of
the facility.
Authorizes the executive director of the department of corrections
to promulgate rules to implement the act.
Makes an appropriation.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Legislative declaration. (1) The general assembly
3 hereby finds, determines, and declares that:
4 (a) Consultation with spiritual leaders fosters the rehabilitation of
5 persons confined to correctional facilities and is therefore in the best
6 interests of the general public;
7 (b) There are unique demands for appropriate spiritual and
8 religious leadership services within state correctional facilities that can
9 only be adequately provided by chaplains;
10 (c) It would be impossible to provide spiritual leaders associated
11 with every religious belief or denomination for each prison facility in the
12 state;
13 (d) Independent nondenominational chaplains may not be
14 completely versed in the wide variety of religious practices that may be
15 requested by a state prisoner; therefore, the valuable assistance currently
16 provided by organizations and their volunteers in offering religious
17 activities and counseling should be maintained and should continue to
18 supplement ongoing religious services within the corrections system;
19 (e) The positions of the current full-time volunteer coordinators
20 should be converted into new positions of chaplains; and
21 (f) Providing full-time nondenominational chaplains in
22 correctional facilities is a part of the accreditation process of the
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1 American Correctional Association ("ACA"), the state's correctional
2 facilities do not currently meet all non-mandatory ACA standards in part
3 due to the lack of full-time religious support in these facilities, and the
4 department of corrections, its facilities, and its prisoners all benefit from
5 the department's compliance with all applicable mandatory and
6 nonmandatory ACA standards.
7 SECTION 2. Article 42 of title 17, Colorado Revised Statutes,
8 is amended BY THE ADDITION OF A NEW SECTION to read:
9 17-42-103. Prison chaplains - legislative declaration - creation
10 of program. (1) THE DEPARTMENT IS HEREBY AUTHORIZED TO PROVIDE
11 RELIGIOUS SERVICES AND COUNSELING TO STATE PRISONERS IMPRISONED
12 IN ANY FACILITIES MANAGED, SUPERVISED, AND CONTROLLED BY THE
13 DEPARTMENT AND TO DO SO THROUGH THE EMPLOYMENT OF CHAPLAINS.
14 SUCH CHAPLAINS SHALL BE HIRED AS STATE EMPLOYEES AND SHALL HAVE
15 ALL OF THE RIGHTS, RESPONSIBILITIES, AND DUTIES OF SUCH EMPLOYEES.
16 IN ADDITION, THE DEPARTMENT IS AUTHORIZED TO IMPLEMENT A
17 NONDENOMINATIONAL RELIGIOUS PLAN TO PROVIDE NONDENOMINATIONAL
18 RELIGIOUS SUPPORT TO STATE PRISONERS AND TO SUPPLEMENT THE WORK
19 OF THE CHAPLAINS.
20 (2) THE PRISON CHAPLAIN'S DUTIES IN PROVIDING RELIGIOUS
21 LEADERSHIP SHALL INCLUDE BUT ARE NOT LIMITED TO:
22 (a) PROVIDING REGULAR, PERSONAL LEADERSHIP AT
23 NONDENOMINATIONAL WORSHIP AND PRAYER GATHERINGS;
24 (b) PROVIDING ONGOING NONDENOMINATIONAL SPIRITUAL
25 GUIDANCE, COUNSELING, AND CRISIS INTERVENTION SERVICES TO STATE
26 PRISONERS;
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1 (c) COORDINATING ALL NONDENOMINATIONAL RELIGIOUS INMATE
2 SERVICES AND MEETINGS WITHIN THE CORRECTIONAL FACILITY;
3 (d) WORKING COLLABORATIVELY WITH OTHER CHAPLAINS AND
4 VOLUNTEERS IN ALL ASPECTS OF THE MINISTRY;
5 (e) COORDINATING THE FAIR AND EQUITABLE MANAGEMENT OF
6 COMMUNITY RESOURCES, INCLUDING PERSONNEL IN VOLUNTEER AND
7 CONTRACT ROLES; AND
8 (f) PROVIDING EXPERT INFORMATION TO CORRECTIONAL FACILITY
9 STAFF ON RELIGIOUS MATTERS AND PROVIDING TRAINING PROGRAMS AND
10 MATERIALS FOR STAFF REGARDING NEW OR UNFAMILIAR ISSUES OF INMATE
11 RELIGIOUS BELIEFS AND PRACTICES.
12 (3) EACH CHAPLAIN SHALL EMPLOY IMPARTIAL RELIGIOUS
13 LEADERSHIP TO MEET THE DIVERSE NEEDS OF DIFFERENT FAITH GROUPS.
14 A CHAPLAIN MAY ARRANGE WITH OTHER CHAPLAINS OR VOLUNTEER
15 REPRESENTATIVES OF FAITH GROUPS IN THE COMMUNITY TO PROVIDE
16 SPECIFIC RELIGIOUS SERVICES THAT THE CHAPLAIN CANNOT PERSONALLY
17 DELIVER DUE TO RELIGIOUS PROSCRIPTIONS OR ECCLESIASTICAL
18 CONSTRAINTS TO WHICH THE CHAPLAIN ADHERES. NO ONE PROVIDING
19 RELIGIOUS SERVICES PURSUANT TO THIS SECTION, INCLUDING CHAPLAINS
20 AND VOLUNTEER REPRESENTATIVES OF OTHER FAITH GROUPS, SHALL
21 DISPARAGE THE LEGITIMATE RELIGIOUS BELIEFS OF AN INMATE OR THE
22 BELIEFS OR PRACTICES OF ANOTHER DENOMINATION NOR COERCE OR
23 HARASS AN INMATE TO CHANGE OR ADOPT A RELIGIOUS AFFILIATION.
24 (4) THIS SECTION CONSTITUTES A GOOD FAITH EFFORT BY THE
25 GENERAL ASSEMBLY TO ACCOMMODATE INMATES' RELIGIOUS RIGHTS
26 PURSUANT TO THE FEDERAL AND STATE CONSTITUTIONS. NOTHING IN THIS
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1 SECTION SHALL BE CONSTRUED AS:
2 (a) CREATING FOR ANY INMATE AN ENTITLEMENT TO RELIGIOUS
3 SERVICES;
4 (b) ESTABLISHING AN ABSOLUTE RIGHT TO ANY RELIGIOUS BELIEF
5 OR PRACTICE OF AN INMATE;
6 (c) CREATING A NEED TO CONSTRUCT OR REMODEL EXISTING
7 FACILITIES; OR
8 (d) AN ESTABLISHMENT OF RELIGION.
9 (5) ANY ACTIVITY INITIATED PURSUANT TO THIS SECTION SHALL BE
10 BALANCED AGAINST THE NECESSITY OF MAINTAINING THE SECURITY AND
11 GOOD ORDER OF THE FACILITY OR CORRECTIONS SYSTEM, AS DETERMINED
12 BY THE DEPARTMENT OR WARDEN OF THE CORRECTIONAL FACILITY.
13 (6) THE EXECUTIVE DIRECTOR SHALL PROMULGATE SUCH RULES AS
14 ARE NECESSARY TO IMPLEMENT THIS SECTION.
15 SECTION 3. Appropriation. In addition to any other
16 appropriation, there is hereby appropriated, out of any moneys in the
17 general fund not otherwise appropriated, to the department of corrections,
18 for the fiscal year beginning July 1, 1999, the sum of ___ dollars ($ )
19 and ___ FTE, or so much thereof as may be necessary, for the
20 implementation of this act.
21 SECTION 4. Effective date. This act shall take effect July 1,
22 1999.
23 SECTION 5. Safety clause. The general assembly hereby finds,
24 determines, and declares that this act is necessary for the immediate
25 preservation of the public peace, health, and safety.