Senate Concurrent Resolution No. 89

Introduced by Senator Galgiani

August 27, 2015

Senate Concurrent Resolution No. 89—Relative to chaplains in state service.

LEGISLATIVE COUNSEL’S DIGEST

SCR 89, as introduced, Galgiani. Chaplains in state service.

This measure would commend the Associated Chaplains in California State Service for its continued efforts over the years to bring the various faith communities together in a common purpose to maintain and upgrade the professional chaplaincy and to assist the state departments in their various missions to effect rehabilitation, guidance, and service to those entrusted to their care.

Fiscal committee: no.

WHEREAS, The First Amendment to the Constitution of the
United States guarantees the exercise of religious freedom; and

WHEREAS, The Fourteenth Amendment to the Constitution
of the United States guarantees the exercise of religious civil rights
and freedom of religion; and

WHEREAS, The Religious Land Use and Institutionalized
Persons Act prohibits the imposition of burdens on the ability of
prisoners’ religious practices; and

WHEREAS, Recent United States Supreme Court decisions
have affirmed the right of institutionalized persons to practice the
religion of their choice; and

WHEREAS, The California Constitution guarantees the exercise
and enjoyment of religious freedom without discrimination or
preference; and

WHEREAS, Section 5009 of the Penal Code provides that all
prisoners shall be afforded reasonable opportunities to exercise
religious freedom; and

WHEREAS, Section 3210 of Title 15 of the California Code of
Regulations establishes that the State of California shall make
every reasonable effort to provide for the religious and spiritual
welfare of inmates; and

WHEREAS, Inmates, patients, and wards within state
institutions, due to the nature of their confinement, present a unique
challenge to those who undertake ministry in an effort to satisfy
their residents’ constitutional guarantee to freely exercise the
religion of their choice; and

WHEREAS, Chaplains provide many vital services within a
challenging environment behind prison walls; and

WHEREAS, The professional care supplied to the correctional
community by chaplains addresses many specific needs of a diverse
population and aids in the orderly operation of the facilities; and

WHEREAS, Chaplains help diffuse emotional and potentially
volatile situations, as well as provide counseling in the areas of
spiritual development, grief management, and relationship
enhancements; and

WHEREAS, Pastoral services provided by chaplains provide
incarcerated persons the opportunity to participate in religious
expression; and

WHEREAS, Chaplains supervise volunteers that enrich the
religious services and rehabilitative efforts of each facility, giving
administrative guidance in matters pertaining to religious
expression for a large number of faiths; and

WHEREAS, Chaplains are the spiritual advisers for those who
live and work within the closed sociological system of inmates,
patients, wards, and institutional staff; and

WHEREAS, Chaplains are fully qualified and ecclesiastically
endorsed by their denominational faith group in order to be
considered an imam, minister, priest, rabbi, or Native American
spiritual leader in the institutional setting; and

WHEREAS, A chaplain must demonstrate a strong, intellectual,
moral, and spiritual character; and

WHEREAS, Chaplains have a specialized training relating to
the religious needs of inmates, patients, or wards who often have
complex physical or mental disorders, or developmental, moral,
or character impairments; and

WHEREAS, Anger, grief, confusion, suffering, and ignorance
are a common reality among the inmates, patients, and wards in
our institutions; and

WHEREAS, Suicide, homicide, and drugs have taken too many
lives among inmates, wards, and residents in the institutional
setting; and

WHEREAS, Chaplains, through spiritual counseling, crisis
management, and practical advice, offer encouragement and
assistance in dealing with these problems; and

WHEREAS, Inmates, patients, and wards within state
institutions have a need for competent and trusted full-time
chaplains to turn to in time of loss, crisis, and confusion; and

WHEREAS, Experts have found that religion is a crucial part
of effective treatment and behavior modification; and

WHEREAS, The Columbia University Center for Addiction
and Substance Abuse reports that the best predictor and
motivational factor for recovery is whether a person practices a
religion; and

WHEREAS, Since 1957, the State of California has seen fit to
employ on a full-time basis professional chaplains reflecting a
variety and diversity of faith groups represented throughout our
great State of California; now, therefore, be it

Resolved by the Senate of the State of California, the Assembly
thereof concurring, That the Legislature hereby commends the
over 60 years of work and effort by California State Chaplains
who labor faithfully within the Department of Corrections and
Rehabilitation, the State Department of Developmental Services,
the State Department of State Hospitals, and the Department of
Veterans Affairs; and be it further

Resolved, That the Legislature commends the professional
association created in 1967 called the Associated Chaplains in
California State Service for its continued efforts over the years to
bring the various faith communities together in a common purpose
to maintain and upgrade the professional chaplaincy, to help their
brothers and sisters, and to assist the state departments in their
various missions to effect rehabilitation, guidance, and service to
those entrusted to their care; and be it further

Resolved, That the Secretary of the Senate transmit copies of
this resolution to the author for appropriate distribution.