Chapter 02. Religious Services
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Business day” means a day other than a Saturday, Sunday, State Holiday, or day on which State administrative offices are closed.
(2)
“Ceremonial meal” means a religious meal associated with the commemoration of a formal religious or sacred observance.
(3)
“Chief Medical Officer (CMO)” means the highest ranking healthcare professional responsible for the administration of the Department of Public Safety and Correctional Services’ (Department’s) medical, mental, and dental healthcare services.
(4)
“Commissary manager” means the individual responsible for a facility commissary or the Department contract monitor for a commissary vendor.
(5)
“Enhanced meal” means a dinner meal with additional portions of food provided in addition to the regular meal to meet the minimum daily nutritional needs during a religious observance of fasting.
(6)
“Halal diet” means food that is certified by a recognized Muslim Certification Agency.
(7)
“Health Services Administrator (HSA)” means a medical professional responsible for planning, directing, and coordinating the healthcare operations within a healthcare facility.
(8)
“High religious observance” means the:
(a)
Jewish high holy days of Rosh Hashanah, Yom Kippur, and Passover; and
(b)
Islamic high holy month of Ramadan.
(9)
“Incarcerated individual” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.
(10)
“Kosher diet” means food that is certified by a recognized Orthodox Jewish Certification Agency.
(11)
“Passover” means a holiday that celebrates the deliverance of the ancient Hebrews from slavery.
(12)
“Registered religious preference” is the faith group with which the incarcerated individual is affiliated within the Department’s Religious Services Program.
(13)
“Religious diet” means a dietary option that:
(a)
Meets or exceeds established nutritional standards based on the Dietary Reference Intake, Food and Nutrition Board, Institute of Medicine, Nutritional Academies, for ages 19—50 years old and above, with the exception of iron for pregnant females;
(b)
Conforms to dietary restrictions of the incarcerated individual’s designated faith group; and
(c)
Cannot be met by the Department’s standard menu.
(14)
“Religious Diet Program (RDP)” means a food services operation within the Department that is administered by the Chief of Religious Services and the Director of Food Services.
(15)
“Seasonal observance” means a worship or celebration recognized annually at a specific time of year, which, unlike a routine observance, has specific value to a particular religious group.
(16)
Seder Plate.
(a)
“Seder Plate” means a ceremonial plate for the Seder service that is separate from the special Passover meal and is provided during Passover Seder service.
(b)
“Seder Plate” for the Jewish, Messianic House of Yahweh, Assemblies of Yahweh, and Hebrew Israelites faith groups consists of:
(i)
Matzo;
(ii)
Roasted lamb bone;
(iii)
Bitter herb horseradish and romaine lettuce;
(iv)
Parsley and celery or boiled potato;
(v)
Chopped, mixed apples and nuts with grape juice; and
(vi)
A cup of salt water.
Regulation .02 Chaplaincy.LinkCopy Citation
A.
Exercise of Religious Belief.
(1)
Within security and program limitations, the Commissioner of Correction, Commissioner of Pretrial and Detention Services, and the Director of Patuxent Institution shall ensure that each incarcerated individual has reasonable opportunity to exercise personal religious beliefs.
(2)
The Commissioner of Correction, Commissioner of Pretrial and Detention Services, and the Director of Patuxent Institution shall ensure that each religion receives equal access to religious services.
B.
Incarcerated individual participation in religious programming is voluntary.
C.
The Commissioner of Correction, Commissioner of Pretrial and Detention Services, and the Director of Patuxent Institution shall ensure that religious services are conducted by chaplains or approved religious volunteers, or both, and are available to the general incarcerated individual population.
D.
Religious activities are subject to supervision by facility security staff.
E.
Ceremonial Meal.
(1)
A holy day or seasonal observance may be held with a meal if the meal is part of the holy day or observance based on religious tradition or mandate.
(2)
Each Department-recognized religious faith group may have one ceremonial meal in a calendar year.
(3)
An incarcerated individual may attend only one ceremonial meal during the calendar year.
(4)
A ceremonial meal shall be served in the food service facility, except when the managing official, or a designee, approves another location.
(5)
Facility food services is the only source of food items for use with a ceremonial meal.
(6)
The facility chaplain shall coordinate with Food Services to ensure:
(a)
Appropriate ritual food items are available for the ceremonial meal; and
(b)
At least 60 days are afforded for preparation for the ceremonial meal.
(7)
Holy day or seasonal observances may be held for incarcerated individuals in special confinement housing if operational capabilities of the facility permit without jeopardizing facility safety and security.
Regulation .03 Religious Diet Program — General.LinkCopy Citation
A.
The Department shall make reasonable accommodations to provide incarcerated individuals in each correctional facility under the Department’s authority with dietary options that meet accepted religious dietary requirements.
B.
The Department’s RDP consists of the following two meal platforms:
(1)
The Halal diet that shall be offered to an incarcerated individual who has designated the incarcerated individual’s religious faith as one of the following Islamic faith groups:
(a)
Shi’ite;
(b)
Sunni;
(c)
Nation of Islam;
(d)
Moorish Science Temple (all recognized groups); or
(e)
Other recognized religions that have the same basic tenets that require the Halal diet; and
(2)
The Kosher diet that shall be offered to an incarcerated individual who has designated the incarcerated individual’s religious faith as one of the following faith groups:
(a)
Jewish;
(b)
House of Yahweh;
(c)
Assemblies of Yahweh;
(d)
Messianic Jewish;
(e)
Hebrew Israelites; or
(f)
Other recognized religions that have the same basic tenets that require the Kosher diet.
C.
In October of each calendar year, the facility chaplain, or a designee, shall:
(1)
Prepare an annual religious services plan for the next calendar year;
(2)
Include in the religious services plan the dates for high religious observance, seasonal observances, fasting periods, and programs for each recognized faith group that requires a special ceremonial diet; and
(3)
Distribute the annual religious services plan to the managing official, or a designee.
D.
The Director of Food Service, or a designee, shall:
(1)
Ensure that the RDP dietary platforms are certified by an appropriate authority;
(2)
Ensure that the RDP meets or exceeds minimum daily nutritional requirements established and approved by the Academy of Nutrition and Dietetics as they relate to food service in a correctional facility;
(3)
Provide correctional dietary managers with a copy of the RDP menu, as well as announcements, updates, and changes to ensure that the RDP maintains compliance with both religious and nutritional dietary requirements;
(4)
Ensure that correctional dietary managers and food service contractors are adhering to RDP requirements regarding the use of designated Kosher emblem tape; and
(5)
Ensure that a correctional dietary manager does not alter the RDP menu except where seasonal availability of fresh produce or unexpected unavailability of canned or frozen food items warrants acceptable substitution.
E.
A correctional dietary manager may make temporary nutritionally equal substitutions if the substitutions are:
(1)
Based on the availability of seasonal produce; and
(2)
In accordance with the Department’s Dietary Program.
F.
An incarcerated individual:
(1)
May abstain from regularly offered food items that the incarcerated individual believes to be prohibited by the incarcerated individual’s religion; and
(2)
Abstaining from certain food items under §E(1) of this regulation may:
(a)
Still achieve a balanced diet by eating food items that are not prohibited by religious beliefs that are being offered to the incarcerated individual population;
(b)
Not be served pork, pork items, and foods prepared with pork renderings; and
(c)
Choose to participate in the master cycle meat menu or the lacto-ovo vegetarian menu.
G.
An incarcerated individual who voluntarily withdraws or is involuntarily removed from the RDP in accordance with provisions under Regulations .05 and .06 of this chapter:
(1)
May request a lacto-ovo vegetarian menu for nonreligious reasons; and
(2)
May not be reconsidered for the RDP until existing RDP-related sanctions end and the incarcerated individual files a request in accordance with Regulation .04 of this chapter.
H.
The managing official may suspend the delivery of an incarcerated individual’s RDP meal for up to 48 hours during a:
(1)
Declared emergency where halal or kosher meals are unavailable; or
(2)
Lockdown of a housing area where the RDP participant is assigned.
I.
The facility shall provide an RDP bag lunch for an RDP incarcerated individual assigned to a work crew outside the facility.
J.
Prescribed Medical Diets.
(1)
An incarcerated individual prescribed a medical diet may request to participate in the RDP by following the RDP request process described in Regulation .04 of this chapter using the Religious Diet Application Form.
(2)
If an incarcerated individual discloses a food allergy or a currently prescribed medical diet on the Religious Diet Application Form, the facility chaplain shall submit the incarcerated individual’s RDP application to the facility’s HSA and facility’s designated dietary officer.
(3)
The RDP application of an incarcerated individual with a food allergy or a prescribed medical diet shall be reviewed on a case-by-case basis by the Department’s CMO, or CMO’s designee, and a Department registered and licensed dietitian nutritionist.
(4)
If the CMO, or CMO’s designee, and a Department registered and licensed dietitian nutritionist determine that the RDP is compatible with the prescribed medical diet with reasonable modification, the incarcerated individual may opt to receive an RDP diet that meets the nutritional and therapeutic requirements of the prescribed medical diet.
(a)
Reasonable modification includes, but is not limited to the:
(i)
Omission or substitution of foods to which the incarcerated individual is allergic;
(ii)
Increase of the caloric value of a meal during periods of religious fasting; or
(iii)
Adjustment of scheduled meal delivery times during periods of religious fasting.
(b)
Reasonable modification does not include a dietary change with no medical or religious rationale as determined by the Chief of Religious Services, CMO, and a Department registered and licensed dietitian nutritionist.
(5)
If the CMO, or CMO’s designee, and a Department registered and licensed dietitian nutritionist determine the requested RDP is incompatible with, and cannot be modified to meet the nutritional and therapeutic requirements of the incarcerated individual, the CMO or CMO’s designee shall:
(a)
Explain to the incarcerated individual the nature of the incompatibility and the available options set forth in §I(6)(a) and (b); and
(b)
Be responsive to any questions or concerns communicated by the incarcerated individual.
(6)
After the incarcerated individual and the facility chaplain have been notified of the determination made by the CMO, or CMO’s designee, and a Department registered and licensed dietitian regarding the RDP application, the incarcerated individual may choose one of the following:
(a)
Remain on the prescribed medical diet and withdraw their RDP request; or
(b)
Refuse the prescribed medical diet and participate in the RDP without any modification.
(7)
Refusal of a prescribed medical diet.
(a)
An incarcerated individual who refuses a prescribed medical diet shall be counseled and required to sign an acknowledgment indicating the incarcerated individual’s informed consent and understanding of the potential adverse consequences of refusing the prescribed medical diet.
(b)
Prior to requiring the incarcerated individual to sign the acknowledgment, the CMO or designee shall ensure that the incarcerated individual is competent to make an informed decision concerning the incarcerated individual’s refusal of the medical diet.
(8)
An incarcerated individual currently prescribed a medical diet shall, before participating in a period of religious fasting:
(a)
Review health and medical diet concerns with the facility’s medical staff;
(b)
If applicable, sign an acknowledgment indicating the incarcerated individual’s informed consent and understanding of the potential adverse consequences of refusing the prescribed medical diet for the period of the religious fasting; and
(c)
After the period of the religious fasting ends, return to the applicable medical diet, if the medical condition warranting the diet still exists.
Regulation .04 Requesting and Processing an Inmate’s Request to Participate in the Religious Diet Program.LinkCopy Citation
A.
An incarcerated individual seeking to participate in the RDP shall submit a completed Religious Diet Application Form to the facility chaplain, or a designee.
B.
Upon receipt of a Religious Diet Application Form under §A of this regulation, the facility chaplain, or a designee, shall:
(1)
Meet with the incarcerated individual to:
(a)
Review with the incarcerated individual the requested RDP platform;
(b)
Review with the incarcerated individual the Religious Diet Agreement, specifically the violation and sanction section;
(c)
Inform the incarcerated individual that violation of RDP requirements may result in the incarcerated individual's involuntary suspension from the RDP independent of the incarcerated individual disciplinary process;
(d)
Inform the incarcerated individual that the incarcerated individual is required to reapply for participation in the RDP every 2 years;
(e)
Obtain information from the incarcerated individual concerning the incarcerated individual’s registered religious preference and the reasoning for the request to participate in the RDP; and
(f)
Discuss other applicable information used in connection with the RDP request;
(2)
Use information provided by the incarcerated individual in connection with the incarcerated individual’s records and other available documentation to determine if the incarcerated individual is a designated participant in a Department-recognized faith group that requires a diet that can only be satisfied by the RDP; and
(3)
Use forms approved by the Chief of Religious Services to record:
(a)
Information obtained from the incarcerated individual; and
(b)
RDP information provided to the incarcerated individual.
C.
When processing an incarcerated individual's request to participate in the RDP, the facility chaplain, or a designee:
(1)
Shall complete a review of all forms and applicable information obtained in connection with the incarcerated individual's RDP application;
(2)
Shall, based on the available information concerning the application to participate in the RDP, determine if the incarcerated individual is eligible to participate in the RDP based on the incarcerated individual's recognized participation in a religious faith group listed under Regulation .03 of this chapter;
(3)
May not deny an incarcerated individual’s application to participate in the RDP because the incarcerated individual is assigned to special confinement housing or a medical unit;
(4)
May deny an incarcerated individual’s application to participate in the RDP because the incarcerated individual falsified information;
(5)
May require additional information from the incarcerated individual to complete or supplement the incarcerated individual’s RDP application;
(6)
Shall decide based on all information available and considered to approve or deny the incarcerated individual’s RDP application; and
(7)
Shall document the decision to approve or deny the incarcerated individual’s request to participate on the RDP application.
D.
Upon completion of an incarcerated individual’s request to participate in the RDP, the facility chaplain or a designee shall:
(1)
If a request for RDP participation is denied:
(a)
Meet with the incarcerated individual and provide the reason for the denial;
(b)
Record the date of the meeting to discuss the denial on the form approved by the Chief of Religious Services; and
(c)
Ensure that the completed paperwork is forwarded to Case Management for inclusion in the incarcerated individual’s base file; or
(2)
If a request for RDP participation is approved:
(a)
Meet with the incarcerated individual to obtain the incarcerated individual’s signature on a Religious Diet Agreement Form;
(b)
Forward a copy of the incarcerated individual’s completed Religious Diet Agreement Form to the Correctional Food Services manager for the incarcerated individual’s facility; and
(c)
Forward the completed paperwork to Case Management for inclusion in the incarcerated individual’s base file.
Regulation .05 Voluntary Withdrawal from the RDP.LinkCopy Citation
A.
An incarcerated individual may voluntarily withdraw from participation in the RDP.
B.
An incarcerated individual voluntarily withdrawing from the RDP, as soon as possible after deciding not to participate, shall notify the facility chaplain, in writing on a form approved by the Chief of Religious Services:
(1)
That the incarcerated individual is voluntarily withdrawing from the RDP; and
(2)
The reason for withdrawing from the RDP.
C.
Upon receipt of notification under §B of this regulation, the facility chaplain, or a designee, shall meet with the incarcerated individual submitting the notification to advise the incarcerated individual that:
(1)
Once voluntarily removed from the RDP, except for provisions under §C(3) and (4) of this regulation, the incarcerated individual may not re-apply for RDP participation for 1 year from the date voluntary removal was accepted;
(2)
Except for provisions under §C(3) and (4) of this regulation, once an incarcerated individual has requested voluntary withdrawal from the RDP three times, the incarcerated individual may not re-apply for participation in the RDP until after 2 years from the date of the last voluntary withdrawal from the RDP; and
(3)
An incarcerated individual voluntarily withdrawing from the RDP may continue to participate in other faith group religious observances and ceremonial meals.
(4)
An incarcerated individual who has a medical condition that cannot be accommodated through reasonable modification may:
(a)
Voluntarily withdraw from the RDP; or
(b)
Immediately reapply to the RDP if the medical condition resolves.
D.
A facility chaplain, or a designee, processing an incarcerated individual’s voluntary withdrawal from the RDP shall:
(1)
Record the approval on a form approved by the Chief of Religious Services;
(2)
Record the meeting and conditions of the incarcerated individual’s voluntary withdrawal discussed with the incarcerated individual as required under §C of this regulation on a form approved by the Chief of Religious Services;
(3)
Within 5 business days of the date the incarcerated individual’s voluntary withdrawal request is processed:
(a)
Notify the correctional dietary manager of the incarcerated individual’s withdrawal; and
(b)
Provide the correctional dietary manager with an updated list of RDP participants; and
(4)
Forward the completed forms recording the voluntary withdrawal to Case Management for inclusion in the incarcerated individual’s base file.
Regulation .06 Involuntary Suspension from the RDP.LinkCopy Citation
A.
An incarcerated individual may be involuntarily removed from the RDP independent of the incarcerated individual disciplinary process for violating the agreed upon conditions of participation in the RDP.
B.
An employee with knowledge that an incarcerated individual enrolled in the RDP has consumed or purchased from the commissary a food item that is not part of the incarcerated individual’s approved RDP dietary platform shall report the allegation:
(1)
In a manner or on a form approved by the Chief of Religious Services; and
(2)
To the facility chaplain, or a designee.
C.
Upon receipt of an allegation under §B of this regulation, the facility chaplain, or a designee, shall:
(1)
Review the allegation; and
(2)
Handle the allegation in accordance with provisions under §D of this regulation.
D.
A facility chaplain, or a designee, handling an alleged RDP agreement violation shall:
(1)
Meet and discuss the alleged RDP agreement violation with the incarcerated individual;
(2)
Determine if the incarcerated individual violated the agreed-to RDP conditions.
E.
If determining that a violation of the RDP conditions did occur, except for provisions under Regulation .05C(3) of this chapter, determine a sanction as follows:
(1)
First offense, the incarcerated individual shall be:
(a)
Counseled regarding commissary or food items that may be purchased or consumed under the RDP;
(b)
Required to sign a new RDP agreement acknowledging understanding the consequences of a second offense; and
(c)
Permitted to continue in the RDP;
(2)
Second offense, the incarcerated individual shall be:
(a)
Counseled regarding commissary or food items that may be purchased or consumed under the RDP;
(b)
Suspended from the RDP for 90 days; and
(c)
Upon completion of the 90-day suspension, required to sign a new RDP agreement acknowledging understanding the consequences of a third offense before being permitted to participate in the RDP following the 90-day suspension; or
(3)
Third offense, the incarcerated individual shall be:
(a)
Counseled regarding commissary or food items that may be purchased or consumed under the RDP;
(b)
Suspended from the RDP for 1 year; and
(c)
Upon completion of the 1-year suspension, required to reapply to participate in the RDP in accordance with procedures established under this chapter; and
(4)
Meet with the affected incarcerated individual to:
(a)
Discuss the decision, any imposed sanctions, and the impact of continued violations of the agreed-to RDP conditions; and
(b)
Obtain the incarcerated individual's signature on a new RDP Agreement form;
(5)
Document the process and meetings in a manner or on a form approved by the Chief of Religious Services; and
(6)
If after 5 business days from the date the incarcerated individual is notified of a decision, the incarcerated individual does not appeal the facility chaplain’s, or a designee’s, action:
(a)
Forward a copy of the documentation to Case Management for inclusion in the incarcerated individual's base file; and
(b)
If the decision results in changes to notification previously made to the facility’s correctional dietary manager, within 5 business days of the end of the period for filing an appeal, provide written notification of the appropriate updates to the facility correctional dietary manager.
F.
An incarcerated individual involuntarily suspended from the RDP may continue to participate in other faith group religious observances and ceremonial meals.
Regulation .07 Appeal of Involuntary Suspension from the RDP.LinkCopy Citation
A.
An incarcerated individual may appeal a facility chaplain’s, or a designee’s, decision made in accordance with Regulation .06 of this chapter.
B.
An incarcerated individual filing an appeal under §A of this regulation shall:
(1)
File the appeal within 10 business days of the date of the adverse decision;
(2)
Submit the appeal on a form or in a manner approved by the Chief of Religious Services to the facility chaplain, or a designee; and
(3)
Remain in the RDP during the appeal process.
C.
Within 10 business days of receipt of an appeal under §B of this regulation, the facility chaplain, or a designee, shall:
(1)
Attach the incarcerated individual’s appeal to other forms completed as part of the action taken by the facility chaplain, or a designee, to remove the incarcerated individual from the RDP;
(2)
Provide a written recommendation regarding the appeal that includes the reason and support for the recommendation; and
(3)
Forward the documents to the managing official, or a designee.
D.
Within 10 business days of receipt of an appeal under §C(3) of this regulation, the managing official, or a designee, shall:
(1)
Review and, if necessary, obtain additional information concerning the documents received;
(2)
Decide to:
(a)
Affirm the original decision and sanction;
(b)
Affirm the original decision and reduce the original sanction; or
(c)
Overturn the original finding that a violation occurred;
(3)
Provide a written decision that includes the reason and support for the decision; and
(4)
Forward the documents to the facility chaplain, or a designee.
E.
Upon receipt of a decision under §D(4) of this regulation, the facility chaplain, or a designee, shall comply with applicable requirements established under §D(2) of this regulation.
Regulation .08 Re-admittance to the RDP Following Involuntary Suspension.LinkCopy Citation
A.
An incarcerated individual who was previously involuntarily suspended from the RDP for 1 year may re-apply to participate in the RDP.
B.
An incarcerated individual reapplying for the RDP following being involuntarily suspended from the RDP for 1 year shall be readmitted if the incarcerated individual:
(1)
Has completed the period of suspension related to the involuntary suspension;
(2)
Makes a request in accordance with provisions under Regulation .04 of this chapter; and
(3)
Is approved for the RDP in accordance with provisions under Regulation .04 of this chapter.
Regulation .09 RDP Commissary Products.LinkCopy Citation
A.
RDP-approved food products shall be available from the commissary.
B.
The commissary manager shall ensure that food items approved for use with the RDP are:
(1)
Certified by the appropriate recognized religious certification authority; and
(2)
Appropriately marked on the commissary products list to identify the RDP diet platform to which the items apply.
C.
An incarcerated individual approved for participation in the RDP, as an agreed-to condition of participation in the RDP, may only purchase commissary food items approved for the specific RDP diet platform for which the incarcerated individual has been approved.
D.
If requested by the commissary manager, the facility chaplain, or a designee, shall provide the commissary manager:
(1)
With a list of incarcerated individuals approved for the RDP; and
(2)
Indicate for each incarcerated individual on the list the RDP platform for which the incarcerated individual is approved.
E.
If a facility chaplain, or a designee, has knowledge that an incarcerated individual is allegedly violating the agreed-to terms for participation in the RDP, the chaplain, or a designee, shall address the alleged violation according to procedures established under Regulation .06 of this chapter.
Regulation .10 Halal Diet Platform Requirements.LinkCopy Citation
A.
The RDP Halal Diet platform is a lacto-ovo vegetarian diet that is Halal Certified.
B.
At a minimum, 30 days before the observance of Ramadan, the facility chaplain, or a designee, shall inform the facility’s correctional dietary manager, or a designee, of the following to ensure that an incarcerated individual who will observe the ceremonial fasting (dawn to sunset) is provided with:
(1)
If needed, an early breakfast served before dawn; and
(2)
A late dinner served immediately after sunset that consists of an enhanced meal as prescribed by the Office of Food Services.
C.
Daily during the Ramadan observance, the facility chaplain, or a designee, shall inform the correctional dietary manager, or a designee, of changes to the list of incarcerated individuals approved to participate in the observance.
D.
The commissary manager shall:
(1)
Ensure that appropriate Ramadan food items, traditionally used breaking a fast, such as dried date palms (dates), are available for purchase by the incarcerated individuals a minimum of 60 days before the Ramadan observance; and
(2)
Advise the facilities when the Ramadan food items, including dried dates, are available for purchase and the cost of each item.
E.
A facility chaplain, or a designee, shall notify the facility’s Islamic incarcerated individual population, at least 60 days before the Ramadan observance, of the availability of the Ramadan food items, including dried dates, and the cost of each item.
Regulation .11 Kosher Diet Platform Requirements.LinkCopy Citation
A.
Food service employees and applicable food services contractor staff in a facility that provides the RDP Kosher platform diet shall be trained in the Kosher Diet procedures according to the following:
(1)
On an annual basis, a mandatory RDP Kosher platform training shall be provided for all food service employees and contractors;
(2)
RDP Kosher platform training shall be provided for newly hired food service employees and contractors within 60 days of hiring;
(3)
Upon completing the Kosher Diet training, a food service employee shall sign and date the Food Service Staff Religious Diet Training Acknowledgement form; and
(4)
Food service personnel shall prepare Kosher Diet food in the area specifically designated for that purpose.
B.
If an incarcerated individual worker is assigned to prepare Kosher Diet meals, the facility’s correctional dietary manager, or a designee, shall:
(1)
Provide the incarcerated individual worker with Kosher Diet training that is required under §A of this regulation and approved by the Director of Food Services, or a designee;
(2)
Upon completion of the training, ensure that the incarcerated individual worker signs and dates the Food Service incarcerated Individual Worker Religious Diet Training Acknowledgement form;
(3)
Ensure that each incarcerated individual worker meets:
(a)
Annual COMAR requirements for medical screening, as related to food handling and preparation;
(b)
Requirements established in the Food Service Manual, such as training in sanitation and inspections, Hazard Analysis and Critical Control Points, health and safety codes, personal hygiene, foodborne illness, care and use of equipment, and food temperatures; and
(c)
Other applicable statutory, regulatory, policy, and procedural requirements; and
(4)
Supervise the incarcerated individual worker assigned to prepare Kosher Diet meals.
C.
A food item used for the RDP Kosher Diet platform, except fresh fruits and vegetables, shall be certified by a recognized orthodox standard accepted by the Department’s Religious Services Program.
D.
Kosher Diet Hot Entree — Availability and Preparation.
(1)
A hot RDP Kosher Diet platform entree shall:
(a)
Be available and served at a minimum six times during a week (Sunday—Friday); and
(b)
Include Kosher certified, purchased precooked, or dehydrated food items whenever possible.
(2)
Only Kosher Diet approved equipment that is clearly marked “RDP” may be used to rehydrate and heat items for the Kosher Diet.
(3)
A food service employee or incarcerated individual worker may not:
(a)
Cook or reheat a non-Kosher Diet platform food item in the Kosher Diet preparation area; or
(b)
Use a pot, utensil, electric burner, or microwave oven that has been designated and marked “RDP” for the Kosher Diet platform for any other purpose.
E.
Kosher Beverages. Beverages available for the general population, such as soda from the dispenser, pure juice with the exception of grape, nonflavored coffee or tea, water, and milk are currently Kosher-certified and may be used as part of the RDP Kosher Diet platform.
F.
Kosher Food Storage.
(1)
Upon delivery of an RDP Kosher Diet platform food product, a food service employee or incarcerated individual worker having been trained in the Kosher Diet procedures shall place the Kosher Diet products in a designated location for staging or storage until the product is to be used.
(2)
An RDP Kosher Diet platform refrigerated food product shall be stored in a:
(a)
Separate, clearly identified, and “RDP” marked refrigerated unit or freezer; or
(b)
Common refrigerator or freezer that has space designated and marked for Kosher Diet platform food products.
(3)
An RDP Kosher Diet dry storage food product shall be:
(a)
Stored in a dry storage location separate from food that is not part of the RDP Kosher Platform and clearly identified as “RDP”; or
(b)
Placed in a designated and marked “RDP” area of a common dry food storage location, and clearly identified as “RDP”.
G.
Serving Trays and Utensils.
(1)
RDP identified reusable serving trays, covers, and cups shall be used for the RDP Kosher Diet platform as follows:
(a)
Items are to be stored separately from non-Kosher Diet platform items; and
(b)
In the absence of reusable items, Styrofoam disposable items are acceptable.
(2)
Kosher Diet serving trays, covers, and cups shall be washed and sanitized before non-Kosher Diet platform equipment.
(3)
Dish water shall be drained from sinks and clean water shall be used to wash an RDP Kosher Diet platform item.
H.
Kosher Diet Platform Food and Utensil Handling.
(1)
A food service utensil used to prepare, serve, or transport RDP Kosher Diet platform food items shall be stored, handled, used, and cleaned separately from non-Kosher Diet platform food utensils.
(2)
A utensil used for the RDP Kosher Diet platform shall be:
(a)
Marked with “RDP”;
(b)
Washed and sanitized in the pot and pan area before non-Kosher Diet platform utensils have been cleaned; and
(c)
Stored in a separate:
(i)
Area in the tool room identified as the Kosher Diet area; or
(ii)
Tool box clearly marked as “RDP” within a common tool room.
(3)
A three-compartment sink shall be washed, rinsed, sanitized, and refilled with clean water before an RDP Kosher Diet platform utensil is cleaned in the sink.
(4)
A food service employee or incarcerated individual worker may not handle non-Kosher Diet food items while preparing or cooking RDP Kosher Diet platform food items.
(5)
A food service employee or incarcerated individual worker handling non-Kosher Diet food items before entering the Kosher Diet food preparation area to prepare kosher food shall:
(a)
Wash hands thoroughly;
(b)
Change into a clean apron; and
(c)
Put on clean gloves.
I.
Serving RDP Kosher Diet Platform Food Items.
(1)
An RDP Kosher Diet platform food item shall be:
(a)
Prepared in advance of the meal period and, except for the RDP Kosher Diet platform hot entree, placed under refrigeration in RDP designated refrigeration; and
(b)
Prior to being served, placed on serving trays designated for the RDP Kosher Diet platform.
(2)
Except for beverages currently certified as Kosher, incarcerated individuals participating in the RDP Kosher Diet platform may not select or be served non-RDP Kosher Diet platform food or beverages.
J.
Kosher Specific Requirements for the Passover Observance.
(1)
Religious diet accommodations provided for Passover meals shall meet or exceed basic nutritional requirements.
(2)
During the Passover observance, RDP Kosher Diet platform meals shall consist of Kosher-for-Passover approved food items, as follows:
(a)
Breakfast shall consist of Kosher-for-Passover:
(i)
Cereal;
(ii)
Coffee;
(iii)
Sugar;
(iv)
Jelly or honey;
(v)
Matzo;
(vi)
Fresh milk;
(vii)
Hard boiled eggs (processed or cooked prior to the start of the Passover period); and
(viii)
Fresh fruit;
(b)
On Sunday through Friday of the Passover observance, lunch and dinner trays shall consist of a Kosher-for-Passover entree and Kosher-for-Passover vegetables (with the exception of legumes and foods containing soy, corn, or a derivative of either food);
(c)
When the Passover Seder falls on a Friday or Saturday evening, the Seder meal shall include the hot entree that is not prepared until after the Kosher preparation area has been made Kosher-for-Passover acceptable in accordance with the RDP Kosher Diet training handouts that detail:
(i)
Kosher-for-Passover preparation; and
(ii)
Pre-Passover notification reminders from the Director of Food Services regarding Passover preparation; and
(d)
When the Passover Seder does not fall on a Friday or Saturday, on Saturdays (Sabbath) during the Passover observance the lunch and dinner meals shall consist of an entree of:
(i)
Kosher-for-Passover American cheese, cottage cheese, tuna, sardines and condiments; or
(ii)
Boiled eggs with assorted fresh vegetables and fruit.
(3)
Seder Service and Seder Plate.
(a)
The facility chaplain or a designee shall determine if each participating congregative faith group will observe the Seder in full.
(b)
During the first 2 nights of Passover when the Seder service is held, in addition to the special Passover meals, a Seder plate shall be provided to each participating congregative faith group, as follows:
(i)
For congregational Seder services, each table shall be provided one Seder plate, generally four incarcerated individuals per table whether the Seder service is held in the dining area, chapel, or another meeting room; and
(ii)
In special confinement housing units, each incarcerated individual shall be provided a Seder plate.
K.
No later than January 10 of each year, the Chief of Religious Services shall forward in writing or by email the dates that Passover is observed to the managing official, or a designee, Director of Food Services, and facility chaplain, or a designee, of each correctional facility.
L.
The Director of Food Services shall notify correctional dietary managers of the dates Passover is observed.
M.
Nine weeks before the beginning of the Passover observance, the facility chaplain, or a designee, shall meet with the incarcerated individuals of the groups that observe Passover to provide the official dates that Passover is observed that year.
N.
Eight weeks before the date of the start of Passover, incarcerated individuals who want to observe Passover shall:
(1)
Make the request using a form approved by the Chief of Religious Services; and
(2)
Submit the completed form to the facility chaplain, or a designee.
O.
The commissary manager shall:
(1)
Ensure that Kosher-For-Passover items are available for purchase by an incarcerated individual at a minimum of 60 days before the Passover observance; and
(2)
Advise the facility chaplain, or a designee, of the dates the Kosher-For-Passover items are available for purchase and the cost.
P.
Kosher-for-Passover Facility Preparation.
(1)
Seven weeks before the beginning of the Passover observance, a facility chaplain or a designee shall notify the correctional dietary manager of the expected number of incarcerated individuals participating in the Passover observance.
(2)
The correctional dietary manager shall ensure sufficient Kosher-for Passover related food items are ordered from vendors supplying items for the Passover observance, and restocking when necessary.
(3)
The correctional dietary manager shall, to the extent possible, ensure that the order of Passover food items includes extra portions to accommodate last minute changes to the number of participating incarcerated individuals based on new intakes.
(4)
Eight days before Passover, each kitchen and related areas used to prepare and serve meals during Passover shall be made Kosher and only Kosher for Passover food may be prepared and served from the Kosher kitchens and related areas.
Q.
A managing official, or a designee, may not change the dates or menu of the planned Passover observance, except during an emergency and after consulting with the Director of Food Services and the Office of Religious Services.
R.
An incarcerated individual observing Passover shall only be provided RDP Kosher-For-Passover approved food items and beverages.
S.
If changes occur during Passover, the Office of Religious Services shall provide the correctional dietary manager with changes to the list of incarcerated individuals who are participating in the special Passover ceremonial meals.
Chapter annotations
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland
History: Effective date: March 12, 2018 (45:5 Md. R. 286)
History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)