For the purposes of Chapter 32 of Title 1:
(A) A state or local correctional facility's regulation must be considered "in furtherance of a compelling state interest" if the facility demonstrates that the religious activity:
(1) sought to be engaged by a prisoner is presumptively dangerous to the health or safety of that prisoner; or
(2) poses a direct threat to the health, safety, or security of other prisoners, correctional staff, or the public.
(B) A state or local correctional facility regulation may not be considered the "least restrictive means" of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional staff, or the public.
HISTORY: 1999 Act No. 38, Section 2.
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