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ND HB1410
Bill
Status
4/20/2021
Primary Sponsor
Steve Vetter
Click for details
AI Summary
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Prohibits correctional facilities and Department of Corrections facilities from substantially burdening inmates' religious exercise unless the burden furthers a compelling governmental interest and is the least restrictive means of doing so.
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Prevents facilities from treating religious conduct more restrictively than comparable secular conduct and requires facilities to provide clergy access to offenders for religious services unless denial serves a compelling penological interest.
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Creates a new provision in the Department of Human Services code with identical religious freedom protections for patients and residents under the department's care.
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Restricts the state health officer's disease control orders and the governor's emergency powers from substantially burdening religious exercise unless the measures serve a compelling governmental interest and are the least restrictive means available.
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Allows individuals aggrieved by violations to assert claims in judicial proceedings after exhausting administrative remedies and to recover costs and reasonable attorney's fees if they prevail.
Legislative Description
Prohibiting a correctional facility or facility under the control of the department of corrections and rehabilitation from substantially burdening the exercise of religion by an offender in the facility's custody, the state health officer's authority, and the governor's authority during a declared disaster or emergency; and to provide a penalty.
Last Action
Signed by Governor 04/19
4/20/2021