12-47-26. Uniform kindly treatment of inmates.

280 words·~1 min read·/nd/title-12/chapter-12-47-the-penitentiary/12-47-26·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The warden and all officers of the penitentiary uniformly shall treat the inmates of the

penitentiary with kindness, and the warden shall require of the officers and guards that,

in the execution of the officers' and guards' respective duties, the officers and guards

in all cases shall refrain from boisterous and unbecoming language in giving orders

and commands. Corporal or other painful or unusual punishment may not be inflicted

upon the inmates of the penitentiary for violation of the rules and regulations of the

penitentiary.

2. A facility under the control of the department of corrections and rehabilitation may not:

a. Substantially burden the exercise of religion by an offender in the custody of the

facility unless the burden is in furtherance of a compelling governmental interest

and is the least restrictive means of furthering that compelling governmental

interest;

b. Treat religious conduct more restrictively than any comparable secular conduct

unless the facility demonstrates the disparate treatment is necessary to further a

compelling penological interest and is the least restrictive means of furthering that

compelling penological interest; or

c. Deny clergy access to an offender in the custody of the facility for the purpose of

providing religious services unless the facility demonstrates the denial is

necessary to further a compelling penological interest and is the least restrictive

means of furthering that compelling penological interest.

3. An offender in the custody of a facility claiming to be aggrieved by a violation of

subsection 2 may assert, after exhausting appropriate administrative remedies, that

violation as a claim or defense in a judicial proceeding and, if the offender is the

prevailing party, may obtain appropriate relief, including costs and reasonable

attorney's fees.