Celebrating The Passage of SB 309: Protecting Inmate Religious Practices

Senator Dave Cortese joined the Council on American-Islamic Relations and other groups supporting criminal justice and religious liberties on Tuesday to celebrate the passage of SB 309, which establishes new religious protections for incarcerated Californians. Senate Bill (SB) 309, which Governor Newsom signed into law last week, sets clear rules about religious clothing, headwear, and grooming for people being booked into prison or jail.

“California is once again a model for the nation on religious expression and civil liberties,” said Senator Cortese (D-San Jose). “Never again in California should someone be stripped of their religion while they are booked into a state prison or local jail. SB 309 guarantees the protection of the religious rights and attire of individuals from diverse faiths, such as Muslims, Sikhs, Jews, and other religious minorities.”

The new law follows research that shows when inmates can practice their spiritual tradition while in detention, they are less likely to be violent or engage in other negative behaviors. Protection of religious rights among incarcerated people also reduces the chances of recidivism.

“Over the years, CAIR-CA has represented and heard from numerous Muslims across the state who have been deprived of access to religious garments and grooming while detained. CAIR-CA found this problem had grown into a pattern birthed from the lack of a statewide, uniform policy and resolved to tackle the issue at its root,” said Nazeehah Khan, Policy Government Affairs Manager for the Council on American-Islamic Relations, California (CAIR). “Religious expression is not only a civil right — but an inherent, human right. Religious clothing, headwear, and grooming are not just parts of a person’s appearance, they are parts of a person’s identity and personhood. We are elated to see Governor Newsom extend that liberty to all walks of life with the enactment of SB 309. We profusely thank Senator Cortese and his staff for their tireless support in championing our legislation and Assemblymembers Reyes and Kalra for their dedication to ensuring civil liberties for all Californians. Together we take strides towards creating a California which ensures civil liberties and dignity for all.”

While policies by the California Department of Corrections and Rehabilitation (CDCR) mention the right to certain religious clothing and headwear, the rules were limited to state-run facilities. Each local detention facility was left to adopt its own policies and procedures. SB 309 creates a consistent and codified policy for state and local correction and detention facilities that ensures the right to religious clothing, grooming, and headwear for all individuals in custody.

SB 309 is sponsored by CAIR, Tayba Foundation, Exodus Project, Jakara Movement, and Church State Council.

Senator Dave Cortese represents Senate District 15, which encompasses San Jose and much of Santa Clara County in the heart of Silicon Valley. Visit Senator Cortese’s website: https://sd15.senate.ca.gov

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