TITLE III--PRISONERS' RIGHTS
SEC. 301. RIGHTS.

(a) IN GENERAL.--

ACCESS.--Notwithstanding any other provision of law, Native American prisoners who practice a Native American religion shall have, on a regular basis comparable to that access afforded prisoners who practice Judeo-Christian religions, access to--
(A) Native American traditional leaders who shall be afforded the same status, rights and privileges as religious leaders of Judeo-Christian faiths;
(B) subject to paragraph (6), items and materials utilized in religious ceremonies; and
(C) Native American religious facilities.
MATERIALS.--Items and materials utilized in religious ceremonies are those items and materials, including foods for religious diets, identified by a Native American traditional leader. Prison authorities shall treat these items in the same manner as the religious items and materials utilized in ceremonies of the Judeo-Christian faith.
HAIR.--

(A) RIGHT OF PRISONER.--Except in those circumstances where subparagraph (B) applies, Native American prisoners who desire to wear their hair according to the religious customs of their Indian tribes may do so provided that the prisoner demonstrates that--

(i) the practice is rooted in Native American religious beliefs; and
(ii) these beliefs are sincerely held by the Native American prisoner.
(B) DENIAL OF REQUEST.--If a Native American prisoner satisfies the criteria in paragraph (3)(A), the prison authorities may deny such request only where they can demonstrate that the legitimate institutional needs of the prison cannot be met by viable less restrictive means which would not create an undue administrative burden.
DEFINITION OF "RELIGIOUS FACILITIES".--The term "religious facilities" includes sweat lodges, teepees, and access to other secure, out-of-doors locations within prison grounds if such facilities are identified by a Native American traditional leader to facilitate a religious ceremony.
DISCRIMINATION PROHIBITED.--No Native American prisoner shall be penalized or discriminated against on the basis of Native American religious practices, and all prison and parole benefits or privileges extended to prisoners for engaging in religious activity shall be afforded to Native American prisoners who participate in Native American religious practices.

SCOPE OF SUBSECTION.--Paragraph (1) shall not be construed as requiring prison authorities to permit (nor prohibit them from permitting) access to peyote or Native American religious sites.

(b) COMMISSION TO INVESTIGATE RELIGIOUS FREEDOM.--

IN GENERAL.--The Attorney General shall establish the Commission on the Religious Freedom of Native American Prisoners (hereafter in this section referred to as the "Commission") to investigate the conditions of Native American prisoners in the Federal and State prison systems with respect to the free exercise of Native American religions.
REPORT.--Not later than 36 months after the date of enactment of this Act, the Commission shall submit to the Attorney General and the Congress a report containing--

(A) an institution-by-institution assessment of the recognition, protection, and enforcement of the rights of Native American prisoners to practice their religions under this Act; and
(B) specific recommendations for the promulgation of regulations to implement this Act.
COMPOSITION OF COMMISSION.--The Commission shall consist of 5 members, at least 3 of whom shall be Native Americans and--
(A) at least 1 of whom shall be a Native American traditional leader;
(B) at least 1 of whom shall be a Native American ex- offender; and
(C) at least 1 of whom shall be a Native American woman.
NOMINATIONS.--The Native American members selected under paragraph (2) shall be appointed from nominations submitted by Indian tribes, Native Hawaiian organizations and Native American traditional leaders.

Oseiyo!! I think I know how Martin Luther King felt about civil rights.
Every triumph is a step in the right direction and on we go!!
I thank our heavenly Father and all who have worked so hard for our cause. Wado and shalom Eagle's Dove Cher/Catawba

Sorry to sound dumb, but is this for all states or one state in particular. Sorry, I am confused.........thanks

This is for all states. All states don't comply, but they're supposed to.

Nice to see this. I know Michigan doesn't comply. This is being sent to the Native group Bill's in tomorrow.

Deb

Can you tell me where you found this? I would like to see the entire document. I am currently helping some NA inmates in the Hughes Unit, Gatesville, Texas to keep their Ceremonies from being taken away from them. Any help would be greatly appreciated.

Blessings

I have a question. Now, is this only for "documented" native americans? Are they requiring people to prove their lineage and heritage in order to benefit from these rights? I wonder because, what about those who are indigenous from other countries Candada/Mexico/S.America-that don't necessarily have "documenation". Will they be able to benefit if they claim their heritage or no? I wonder, how can I find this information out? It would be very helpful to know. Thanks.

Preciousrain,
My husband is soaring eagle. he was born and raised in Bolivia and he registered as aztec/Imari. He has no papers from his government but the facility in Spokane lets him sweat and do other ceremonies. he could prove his ethnicity.
his mother is pure Indian her people were the Araucanian Indians from the country of Chile. I think since judeo-christians do not have to be registered to practice their religion nor do other groups so wouldn't that be more discrimination?? just thinkin! Eagle's dove

Regarding the written test for Native Americans in TDCJ it is for anyone that wants to practice the Native way. It does not matter if they are "card carrying" NA or not. If they do not pass the written test then they are not allowed to participate in Circle or Ceremonies. And in some instances will be shipped to a different unit.

I wrote to TDCJ and requested a copy of the written test. I received a VERY short letter from James L. Hall, Assistant General Counsel, Office of the General Counsel. the letter said: This is to advise you that the test with regard to Native American beliefs is confidential and not available to you.

I did receive a copy of administrive Directive 07.30 and the version they sent me had been updated as of 12/19/2000. There was no mention of Native Americans or a test. So it seems to me that TDCJ did not send me the most recent version of this Administrative Directive.

LadyHawk, I don't know why I didn't see it before when you asked me where I got this. It must have been on a day when I didn't get through all the posts before I had to do something else. I can't find where I bookmarked it------maybe I didn't-----but if you do an internet search on it, I'm sure you can find it.

As for whether a person has to be card carrying------some prisons do require that. Others don't.

toi ama,

In TDCJ (Texas) it doesn't matter if you are a full blood or part. If you don't pass TDCJ's written test for Native Americans you cannot participate in Circle or Ceremony. Like you said other states or prison systems have different rules.

The information you provided regarding Title III above, was great! Unfortunately, according to one of the authors of Title III, Lenny Foster, it never passed. He told me last month when I questioned him about it, that it was never approved and so is not law. I am assuming he knows what he is talking about.....but......maybe he is wrong. (big smile) If you are interested in further information on Lenny Foster or regarding Title III please pm me and I would be more than happy to give his e-mail address. Or if you have more information I would be very interested. Lenny Foster is fighting hard in various states for Native American rights. His main focus is the Navajo Nation, but he fights for all Nations.

Also, the Hughes Unit in Gatesville, Tx, is approved for sweats, but unfortunately they don't have a volunteer to over see the sweats, so they aren't able to have them at this time.

Toi ama, I always enjoy reading your posts as you have so much wisdom and give great support to everyone. I am glad that you are part of our PTO family. Thank you for sharing with us.

Awww, thank you for the kind words, LadyHawk.

I wish they could pass Title 111. I'm sorry to hear it didn't pass. Thank you for updating us on this.

You can find the entire Native American Religious Freedom Act on my website at http://www.angelfire.com/wy/nainmatessupportgrp/index.html

In Spirit,
~Carol~

I had a problem getting the site up fro my website,but it can be found at

Native American Free Exercise of Religion Act of 1993
Address:http://www.lectlaw.com/files/ind03.htm

Sorry about the inconvience.
~Carol~