Legislature Passes Senator Cortese’s Bill Protecting Inmate Religious Practices

The California Legislature passed Senator Dave Cortese’s Senate Bill (SB) 309 today, setting clear rules about religious clothing, headwear, and grooming for people being booked into prison or jail. SB 309 is rooted in research that shows when inmates can practice their religion while in detention, they're less likely to be violent or engage in other adverse behaviors. Maintenance of free exercise rights among incarcerated people also reduces the chances of recidivism. The Senate passed the bill on a concurrence vote on Wednesday and the bill now heads to the desk of Governor Newsom.

“SB 309 is about civil rights. While safety and security in correctional facilities is our top priority, to strip someone of religious clothing while they are booked into a detention facility is to strip away their basic civil rights,” said Senator Cortese (D-San Jose). “Whether you're a Muslim wearing a hijab, a Jewish person with a yarmulke, or a Sikh wearing a turban — you never lose your First Amendment rights. SB 309 is about preserving dignity and hope. For many, faith represents hope for the future.”

While the policies of the California Department of Corrections and Rehabilitation (CDCR) do acknowledge the right to specific religious attire and head coverings, these regulations are currently confined to state-operated facilities. Each individual local detention facility is responsible for establishing its own distinct policies and protocols.

SB 309 aims to establish a uniform and officially documented policy applicable to both state and local correctional and detention facilities. This policy would ensure that individuals with religious affiliations can retain their personal religious attire or head coverings until they have the opportunity to purchase or access similar garments provided by the facility itself. Moreover, the bill mandates that detention facilities must permit individuals to maintain their hair or beards for religious reasons.

SB 309 is sponsored by the California chapter of the Council on American-Islamic Relations (CAIR) and co-sponsored by the Tayba Foundation.

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