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ND HB1410

Bill

Status

Passed

4/20/2021

Primary Sponsor

Steve Vetter

Click for details

Origin

House of Representatives

67th Legislative Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary1/18/2021

Full Bill Text

No bill text available