For the purposes of Chapter 32 of Title 1:
(A) A state or local correctional facility's regulation must be considered "in furtherance of a compelling state interest" if the facility demonstrates that the religious activity:
(1) sought to be engaged by a prisoner is presumptively dangerous to the health or safety of that prisoner; or
(2) poses a direct threat to the health, safety, or security of other prisoners, correctional staff, or the public.
(B) A state or local correctional facility regulation may not be considered the "least restrictive means" of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional staff, or the public.
HISTORY: 1999 Act No. 38, Section 2.
Structure South Carolina Code of Laws
Title 24 - Corrections, Jails, Probations, Paroles and Pardons
Chapter 27 - Inmate Litigation
Section 24-27-100. Filing fees.
Section 24-27-110. Court costs.
Section 24-27-120. Authorization of additional payments.
Section 24-27-130. Dismissal of action for failure to pay fees or costs.
Section 24-27-140. "Prisoner" defined.
Section 24-27-150. Insufficient trust account funds.
Section 24-27-200. Forfeiture of work, education, or good conduct credits.
Section 24-27-210. Proceedings brought by Attorney General.
Section 24-27-220. Discretion of Director.
Section 24-27-300. Contempt of court.
Section 24-27-400. Indigent persons.
Section 24-27-500. Application of Religious Freedom Act to prison regulations.