TABLE OF CONTENTS

PURPOSE

AUTHORITY

RESPONSIBILITY

DEFINITIONS

APPLICABILITY

PROCEDURES

809.01 NATIVE AMERICAN RELIGIOUS PRACTICES

809.02 SWEAT LODGE ACTIVITIES

809.03 PIPE CEREMONIES

REFERENCES

ATTACHMENTS

MANDATORY REVIEW DATE 08-30-08

PURPOSE

To provide guidelines for inmates participating in Native American Religion activities.

AUTHORITY

NRS 209.131. United States Code: Title 42, 1996, (Pub. L. 95-341, Aug. 11, 1978, 92 Stat. 469) Protection and Preservation of Traditional Religions of Native Americans known as the American Indian Religious Freedom Act. 1994; 16 U.S.C. 668-668d, June 8, 1940, as amended 1959, 1962, 1972, 1978, and 1999, Bald and Golden Eagle Protection Act; 12 U.S.C. 2000cc-1(a)(1)-(2), Religious Land Use and Institutionalized Persons Act.

RESPONSIBILITY

The Correctional Programs Division is responsible for managing and monitoring all Native American religious activities within the Department.

The institutional chaplains are responsible for implementing and monitoring these procedures at their respective institutions.

The institutional sponsor is responsible for facilitating the approved activities of Native American inmates.

Wardens shall be responsible for implementing an Institutional Procedure specific to their institutions and facilities.

All staff, inmates and outside sponsors shall know of, and comply with this procedure.

DEFINITIONS

APPROVED HERBS - Sage, sweet grass, cedar, dosa root, tobacco and Kinnikinnick (inner layer of the red willow).

COUNCIL LEADERS – Three inmates chosen by the Native American participants to represent them. Their names must be registered with the Associate Warden for Programs (AWP) or/and Associate Warden of Operations (AWO) and Chaplain.

FEATHERS – The feathers, which can be legally possessed of the hawk, Bald Eagle and Golden Eagle, are considered to be sacred by Native Americans.

INSTITUTIONAL SPONSOR – A volunteer staff person, who functions as a supervisor and facilitator to an inmate group or organization. The institutional sponsor shall be of the same gender as the inmates served and will ensure compliance with institutional rules and regulations.

MEDICINE BAG – A small pouch hanging from a necklace or rope around the neck, in which is placed the particular combination of authorized herbs and artifacts that each individual Native American finds healing for themselves.

OUTSIDE NATIVE AMERICAN SPIRITUAL LEADER - A community volunteer who, is approved by the Correctional Programs Division and the Warden, who acts as a primary religious advisor to Native American inmates. In the absence of an outside sponsor, the Institutional Chaplain shall serve as the sponsor. The outside spiritual leader shall be the same gender as the inmates served and may participate in the Sweat Lodge ceremony.

PANEL – Consists of the Institutional Sponsor, the Outside Sponsor, who is a recognized spiritual leader, and the Chaplain who evaluate eligibility to participate in Sweat Lodge Activities.

PIPE CEREMONY – A religious ceremony involving a Pipe Holder or an approved outside Spiritual Leader or Sponsor, either alone or with other inmates smoking approved herbs in certain areas at specified times and circumstances.

PIPE HOLDER – An inmate selected by peers to perform the pipe ceremony.

SPIRITUAL BUNDLE – Contains the Prayer Pipe, Feathers, and small amounts of sacred herbs, small stones, and seashells maintained by the Pipe Holder. A separate bundle may also contain cedar, tobacco and /or small amounts of sacred herbs for smudging.

SWEAT LODGE CEREMONY – A ritual performed by Native Americans which occurs in an enclosed space accompanied by singing, prayers and cleansing through heat, steam and sweat.

VOLUNTEER – Someone who offers services to the Department without charge.

APPLICABILITY

This regulation applies to all practicing Native American inmates in the custody of the Department and all employees of the Department and all volunteers who serve and assist in the Department’s Native American religious activities.

PROCEDURES

809.01 NATIVE AMERICAN RELIGIOUS PROCEDURES

1. General population inmates have the opportunity to practice their religious or spiritual beliefs, provided that such practices are not defamatory, prejudicial, political, or derisive in nature, and do not advocate or lead to violence or physical harm, or imperil the security of a prison facility. (4-4517).

1.1.1 The Warden may allow an exception to any limiting provision in this Regulation.

2. All employees will respect the sacred status of all religious artifacts.

1.2.1 The ceremonial pipe and Eagle feathers have special handling instructions detailed

in this regulation.

1.2.2 A visual inspection of the articles may be performed periodically by correctional staff, but not in a manner or at a time that will disturb a religious ceremony.

3. Pipe Holders will disassemble the pipe by removing the bowl from the stem and display the tobacco mixture to any staff member upon request.

3. The inspecting officer will not handle the pipe or any other religious article unless reasonable belief exists to assume that contraband is present.

3. When conducting a search of an inmate’s cell, Department employees will follow all Department Regulations regarding performing the search.

2. Special ceremonies, including but not limited to, a pipe ceremony or sweat for a regular participant who has just had a close relative die, or who has been diagnosed with a terminal illness, may be arranged by the Institutional Sponsor or Outside Sponsor in conjunction with the Warden/designee and institutional Chaplain.

2. Religious Materials: Ceremonial pipes and other religious articles received through the mail will be opened and inspected by the Chaplain, Institutional Sponsor, or other delegated custody staff.

1. The Chaplain, with the approval of the AWP/AWO, will then take the materials into the Institution and have the inmate sign for them.

2. All non-consumable materials will be registered on the inmate’s personal property card.

3. All inmate mail orders for religious items will need the Institutional Chaplain’s and the Associate Warden of Programs/Operations approval before ordering.

4. All packages will be subject to search.

5. Normal mail order companies do not stock many items desired for Native American rituals, so they may have to be hand-made, hand-gathered, hand-recorded and mailed into the inmate following the procedure set forth in 1.4.

6. No trading or giving away items is authorized (with the exception of the Eagle Feathers per 1.6.7 below).

4. Religious Articles such as chokers (beaded necklaces), religious medallions and chains, and medicine bags may be carried at all times. The limit should be one each. Religious articles such a pipe stem, feather or fan may also be beaded. All additional beading will be considered hobby craft. No metal beads are authorized.

1.5.1 A limited supply of herbs will be allowed in cells in a separate bundle and may include sage, sweet grass, cedar and bitter root.

4. Eagle feathers are strictly controlled by Federal Law.

1.6.1 It is illegal to damage or destroy them at any time.

1.6.2 Bald and Golden Eagle feathers and Eagle parts are provided by the U.S. Fish and Wildlife Service to Native Americans who are enrolled members of federally recognized tribes. (Therein after in this section referred to as “designated inmates”).

3. Designated inmates may apply for these, and receive them while incarcerated.

3. Eagle Feathers must be handled with great respect by staff, preferably the Chaplain, and delivered to the designated inmates.

3. Eagle Feathers shall not be desecrated or destroyed under any circumstance.

3. Designated inmates may be allowed unlimited Eagle feathers and one fan or wing. These should not be mailed out to family members.

3. Council Leaders may distribute Eagle feathers to those that earn them.

3. The Council Leader recipient shall inform the Property Officer in writing that the recipient has gained access to a feather so that property card entries reflect the correct ownership.

6. Staff or outside persons who wish to donate items to the Native American religious group must arrange all donations through the Chaplain, or if not available, the Institutional Sponsor or AWP/AWO.

1. Chaplain will verify with the Associate Warden of Programs/Operations, the permissibility of allowing any given type of article into the institution.

2. Donations may include items listed in the ‘allowable group items’, and must be inspected by the Associate Warden of Operations/designee for security approval. Donations may include firewood, willow stems, bones, rocks, tarps or herbs which shall be stored only in the Sweat Lodge areas. Food for special occasions may also be considered, including USDA approved meats for special occasions only, to be utilized in the Sweat Lodge area.

7. All wood must be split by the donor and will be inspected for possible contraband prior to entry into the institutions.

7. Inmates are permitted access to Native American religious, observance and ceremonial literature, video tapes and religious musical CD’s in the same manner and to the same extent as inmates are provided access to materials necessary for other religious observances.

1. Inmates placed in Administrative or Disciplinary Segregation, who actively participated in the Native American religion prior to being placed in secure custody housing, will be allowed to retain their religious articles to the same extent as other inmates with the same security classification are permitted to retain their religious materials.

• Items may be limited by the Warden due to security concerns.

• Religious articles are allowed only in the cell.

9. The following Native American religious visits may be authorized for inmates:

1. Outside Religious Leaders:

1. Any religious leader who wishes to be approved for this purpose must submit their request in writing to the Supervising Chaplain of NDOC or the

Correctional Programs Director/designee.

2. Religious volunteers are required to complete an application, submit to a background check, and complete the NDOC Training for Volunteers.

2. Regular Religious Visits:

1.10.2.1 This type of visit is held in the visiting room in accordance with the inmate’s normal visiting schedule.

• Religious visitors shall complete and return the Department’s Visiting Application form to the institution where they wish to visit.

• The visitor or inmate may request, in writing, the use of a conference room, if more privacy is required for ceremonial purposes.

• Inmates shall be allowed to use non-contact only areas if security concerns are present.

• Visits with a spouse, fiancé or similar individual are never to be considered religious.

1.10.3 Special Religious Visits:

1.10.3.1 Arrangements for special religious visits must be made in advance through the Warden’s Office, with the assistance of the Chaplain when available, or AWP/AWO.

1.10.3.2 The purpose of special religious visits is to accommodate out-of-area religious visitors who unexpectedly come to the institution without sufficient time to have a regular visiting application processed.

1.10.3.3 Approved special religious visits will take place in the Visiting Room at medium/minimum institutions.

1.10.3.4 At maximum security prisons, approved special religious visits will be non-contact (behind glass) pending the completion of the application process.

1.10.3.5 For Native Americans, special religious visits might include a visit from a tribal chief, or someone from the Nevada Indian Commission.

1.10.3.6 If visits are to become regular or frequent, those persons should go through the normal clearance process.

1.10.4 Outside Religious Sponsor:

1.10.4.1 The Outside Religious Sponsor may only go to the general population areas of the institution for religious purposes under staff escort.

• All visits must occur in visiting area- See 1.10.2 and 1.10.3.

1.10.4.2 Special religious visits may be approved by the Warden for designated inmates housed in segregation units once per month. The outside sponsor will be escorted by the Chaplain and will be allowed the visit based on custody staff availability and security concerns of the institution.

1.10.4.3 The Warden at Ely State Prison shall determine the areas allowed to the outside sponsor.

809.02 SWEAT LODGE ACTIVITIES

1. The institution will permit inmates to obtain, by donation or purchase, the materials necessary for the construction and maintenance of a Sweat Lodge within the institutional grounds, as approved by the Warden.

1.1.1 This will include green willows, volcanic rock, rope or twine, tarps, blankets or other cover for the dome of the lodge, wood for the fires, sage, sweet grass, or other approved herbs.

1.1.2 Some of these plants may be grown on the Sweat Lodge grounds for the use in the ceremonies, depending on security needs.

2. Eligibility to Participate in the Sweat Lodge Ceremony include:

• Inmates who are enrolled in a federally recognized tribe;

• Inmates who can demonstrate credible association with tribal living;

• Native American relatives, or those with acceptance and acknowledgment by a Native American tribe;

• Inmates from general population may not be invited to observe Sweat Lodge ceremonies.

3. A panel consisting of the Institutional Sponsor, the Outside Sponsor who is a recognized spiritual leader, and the Chaplain, will evaluate sincerity and knowledge of the applicant who is not an enrolled Native American or who does not have the sponsorship of a recognized tribal entity.

• The applicant must receive a majority vote for acceptance.

4. Sweat Lodge ceremonies are authorized to be held once a week at a time requested by the Native American community and approved by the Warden/designee. Additional sweats may be requested for special purposes through the AWP/AWO as outlined in 809.01; 1.3.

1.4.1 The number of participants may be limited if security precautions so dictate.

1.4.2 Access to the area on the specified day will be determined by each institution.

3. Escort by correctional staff is required to accompany the inmates/outside religious

leaders during these hours will be determined by the Institution.

4. No Institutional Sponsor or Outside Sponsor of the opposite sex shall be allowed to be around or near the Sweat Lodge area while sweating ceremonies are being held.

4. Participants will be allowed to obtain water as needed in order to produce steam over heated rocks and for ritual cleansing after the sweat.

4. Cold plunges will not be permitted except at institutions with existing plunge pools. Water from a hose will be available at all other institutions.

4. All participants will be turned out for the ceremony as requested by each institutional Native American group and approved by the Warden, allowing access to the Sweat Lodge as early as possible.

1. Staple ingredients and condiments will be provided by the culinary manager to allow the preparation of a Native American style meal on the day of the Sweat Lodge ceremony as determined by the number of inmates participating.

2. Inmate participants may opt to pay for their own food beyond the equivalent of what would normally be served to inmates on that day.

3. In order to accurately prepare the quantity of ingredients for the Sweat Lodge ceremony participants, the shift sergeant/designee will inform the culinary manager of the number of participants. Prior to 11:00 a.m., the shift sergeant/designee will arrange for the delivery of said ingredients to the lodge area.

• Up to two meals per inmate may be provided depending on each institutions practice. Inmates following special diets will continue to adhere to AR 626.

4. The meal will usually consist of fried bread, shortening, beans, sliced potatoes, tomatoes, onions, meat and a beverage. Seasonings and/or condiments will also be provided.

5. The participants will prepare the meal in the lodge area and all food must be eaten in the lodge area.

6. All utensils used will remain in the Sweat Lodge area in institutions where Sweat Lodges exist, except for the maximum security prison.

• Utensils will be kept in a storage area that is meant to maintain the sanitary condition of the items, once cleaned.

• All utensils shall be washed and sanitized by the culinary and will be inventoried at the end of each use/weekly by the culinary supervisor.

• Once cleaned, the utensils will be returned to the Sweat Lodge storage area if it meets sanitary conditions. If such an area does not exist, utensils shall be cleaned and stored in the culinary until the next ceremony.

• A copy of the utensils inventory will be kept by the Chaplain, Food Manager, and AWP/AWO.

5. Supplies for the Sweat Lodge ceremony, such as firewood, rocks, willow branches and covering for the lodge, may be stored in the lodge area on an as needed basis.

1. These supplies may be donated and transported as arranged by the inmate Council Leaders.

2. Volunteer religious leaders/sponsors must deliver the supplies to an approved area during approved hours.

3. The Inmate Council Leaders must also arrange for a staff member to:

• Meet the outside religious leader;

• Help unload the supplies onto an institutional vehicle (if deemed appropriate);

• Search the supplies being unloaded;

• Drive the vehicle to the Sweat Lodge area;

• Help or observe the unloading of the supplies.

4. Prior arrangements must be made by the Council Leaders with the institutional Sponsor, in conjunction with the Associate Warden for Operations/Programs.

5. Correctional Officers will periodically inspect the entire Sweat Lodge area including the Lodge itself.

1. Officers are required to respect the religious significance of the area.

2. Suspected contraband may be secured until a determination is made that the items are contraband.

3. All searches will be video taped.

1.7.4 Canines are not allowed in the Sweat Lodge area, except in cases of a security emergency or searches by certified drug dogs.

5. Native American inmates approved for participation but who later are found to have violated prison or Sweat Lodge rules or principles, will be denied further participation, until the matter has been reviewed by the panel.

1. The panel will make a decision as to the appropriate sanction, to include excommunication for life, if deemed appropriate.

2. A majority vote is required.

3. Such a decision is final.

4. The inmate may also be subjected to Department disciplinary charges, as appropriate.

3. PIPE CEREMONIES

1. Inmates eligible to participate in Sweat Lodge ceremonies are also eligible to participate in Pipe Ceremonies.

2. Pipe Ceremonies, including the burning of certain plants or herbs (excluding Tobacco), may be held:

• Only in the Sweat Lodge area;

• Twice per month for segregated inmates (as outlined below).

3. Inmates in segregated housing, i.e., protective custody, administrative segregation, disciplinary segregation, Condemned Men’s Unit, may be allowed to participate individually in a Pipe Ceremony with the Institutional Pipe Holder in an approved location and schedule as determined by the Warden.

4. Inmates housed in any segregated housing at the maximum security prison may not come into contact with one another.

5. The general population Institutional Pipe Holder in the maximum security prison may not come into contact with any inmate in segregation as a security procedure and Pipe ceremonies are limited to general population inmates only.

6. There will be only one Pipe Holder per institution.

1.6.1 Only Pipe Holders are allowed to keep the Pipe in their cells.

1.6.2 Staff may not handle the Pipes. The Pipe Holder shall dismantle the Pipe for inspection upon request by staff.

16.3 The Pipe will only be kept in the cell or house of the Pipe Holder.

1.6.4 The Pipe holders must have a memo from the institutional Chaplain identifying the

inmate as an authorized Pipe Holder.

7. Only registered Pipe Holders, the Institutional Sponsor, the Outside Sponsor, Outside Spiritual Leaders and approved religious visitors (in the Visiting Room only) and designated inmates may possess approved herbal plants (other than ordinary tobacco) within the institution.

8. The Institutional Sponsor/Property Officer/Chaplain must examine all herbs possessed, given or mailed to inmates.

1.8.1 Hallucinogenic herbs such as morning glories, peyote or datura are prohibited and no one may possess them within the institution.

2. Any item that can be considered contraband or dangerous to security will not be allowed.

9. All institutions will develop institutional procedures consistent with this regulation to implement and monitor Native American religious activities.

• Each Institutional Chaplain should sign the Institutional Procedure governing each institution.

9. Institutions that are non-smoking will designate an outside area where Native American inmates may participate in pipe ceremonies.

• Times will be designated by the AWP/AWO or designee; however location may change due to emergencies and inclement weather.

REFERENCES

American Correctional Association Standards – 4^th Edition (4-4517)

ATTACHMENTS

Native American Faith Group Overview

Jackie Crawford, Director Date

Approved by Richard Harjo, Indian Commission Date

CONFIDENTIAL _____ XX_

Yes No

THIS PROCEDURE SUPERSEDES ALL PRIOR WRITTEN PROCEDURES ON THIS SPECIFIC SUBJECT.