U.S. Attorney's Office And Justice Department Secure Agreement With North Carolina Department Of Adult Correction To Expand Religious Opportunities In State Prisons

CHARLOTTE, N.C. - The U.S. Attorney's Office for the Western District of North Carolina has joined the Justice Department in announcing today an agreement with the North Carolina Department of Adult Correction (NCDAC), expanding opportunities for group religious practice throughout the state prison system and allowing access to kosher-for-Passover meals and Seders. The agreement resolves the Justice Department's investigation of NCDAC pursuant to the Religious Land Use and Institutionalized Persons Act (RLUIPA).

"The Constitution and federal law guarantee all Americans the freedom to practice their religion, including people who are incarcerated in jails and prisons," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "This agreement will protect the religious practices of incarcerated people across North Carolina by allowing members of minority faiths to gather, worship and study. Whether at home with their families, in houses of worship, or behind bars, every person should be able to celebrate religious holidays and gather with their communities of faith."

"The settlement agreement reaffirms that all individuals in custody retain the right to practice their religion fully and openly during their incarceration," said U.S. Attorney Dena J. King for the Western District of North Carolina. "It is our duty to ensure that incarcerated persons are afforded the same religious rights, freedoms and protections as any other citizen. My office is committed to enforcing these rights and ensuring that they are upheld within all correctional facilities in North Carolina."

"Federal law guarantees all Americans the right to freely exercise their religion, and institutionalized persons have the right to practice their faith and worship together," said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. "We are committed to protecting this fundamental right and are grateful to the North Carolina Department of Adult Correction for its willingness to work with us and revise its policies to protect the religious rights of individuals in its custody."

"Our Constitution protects the religious liberty of all people to exercise their faith," said U.S. Attorney Michael Easley for the Eastern District of North Carolina. "In America, that means even those who are incarcerated can continue to worship and pray. NCDAC's new policies ensure that believers can maintain their faith and religious practices, even after they enter the jailhouse door."

Under the agreement, NCDAC has adopted a policy that reduces the minimum number of people for group worship to two and no longer requires the presence of a faith helper for religious gathering. Under the prior policy, NCDAC had minimum participant and faith helper requirements for congregate religious practices by "minority faith groups" that often prevented these groups from gathering for worship, celebration and study. Minority faith groups were defined as non-Christian faiths, including adherents of Islam or Judaism.

In addition, when the department began the investigation, NCDAC did not provide certified kosher-for-Passover food to incarcerated people who wished to observe the Passover holiday. The agreement requires that NCDAC provide certified kosher-for-Passover meals every year for the eight days of Passover. In addition, NCDAC will provide the opportunity for people who observe Passover to participate in two Seder ritual observances, which will include a Seder plate of ceremonial foods.

For additional information about the Civil Rights Division and the Special Litigation Section please visit www.justice.gov/crt/special-litigation-section. The Justice Department issued a report on the 20th Anniversary of RLUIPA in 2020 and a statement and on the Institutionalized Persons Provisions of RLUIPA in 2017. Those interested in finding out more about RLUIPA can visit www.justice.gov/crt/religious-land-use-and-institutionalized-persons-act-0.