1. A. The Department shall make reasonable accommodations to provide incarcerated individuals in each correctional facility under the Department’s authority with dietary options that meet accepted religious dietary requirements.

2. B. The Department’s RDP consists of the following two meal platforms:

   1. (1) The Halal diet that shall be offered to an incarcerated individual who has designated the incarcerated individual’s religious faith as one of the following Islamic faith groups:

      1. (a) Shi’ite;
      2. (b) Sunni;
      3. (c) Nation of Islam;
      4. (d) Moorish Science Temple (all recognized groups); or
      5. (e) Other recognized religions that have the same basic tenets that require the Halal diet; and

   2. (2) The Kosher diet that shall be offered to an incarcerated individual who has designated the incarcerated individual’s religious faith as one of the following faith groups:

      1. (a) Jewish;
      2. (b) House of Yahweh;
      3. (c) Assemblies of Yahweh;
      4. (d) Messianic Jewish;
      5. (e) Hebrew Israelites; or
      6. (f) Other recognized religions that have the same basic tenets that require the Kosher diet.

3. C. In October of each calendar year, the facility chaplain, or a designee, shall:

   1. (1) Prepare an annual religious services plan for the next calendar year;
   2. (2) Include in the religious services plan the dates for high religious observance, seasonal observances, fasting periods, and programs for each recognized faith group that requires a special ceremonial diet; and
   3. (3) Distribute the annual religious services plan to the managing official, or a designee.

4. D. The Director of Food Service, or a designee, shall:

   1. (1) Ensure that the RDP dietary platforms are certified by an appropriate authority;
   2. (2) Ensure that the RDP meets or exceeds minimum daily nutritional requirements established and approved by the Academy of Nutrition and Dietetics as they relate to food service in a correctional facility;
   3. (3) Provide correctional dietary managers with a copy of the RDP menu, as well as announcements, updates, and changes to ensure that the RDP maintains compliance with both religious and nutritional dietary requirements;
   4. (4) Ensure that correctional dietary managers and food service contractors are adhering to RDP requirements regarding the use of designated Kosher emblem tape; and
   5. (5) Ensure that a correctional dietary manager does not alter the RDP menu except where seasonal availability of fresh produce or unexpected unavailability of canned or frozen food items warrants acceptable substitution.

5. E. A correctional dietary manager may make temporary nutritionally equal substitutions if the substitutions are:

   1. (1) Based on the availability of seasonal produce; and
   2. (2) In accordance with the Department’s Dietary Program.

6. F. An incarcerated individual:

   1. (1) May abstain from regularly offered food items that the incarcerated individual believes to be prohibited by the incarcerated individual’s religion; and

   2. (2) Abstaining from certain food items under §E(1) of this regulation may:

      1. (a) Still achieve a balanced diet by eating food items that are not prohibited by religious beliefs that are being offered to the incarcerated individual population;
      2. (b) Not be served pork, pork items, and foods prepared with pork renderings; and
      3. (c) Choose to participate in the master cycle meat menu or the lacto-ovo vegetarian menu.

7. G. An incarcerated individual who voluntarily withdraws or is involuntarily removed from the RDP in accordance with provisions under Regulations .05 and .06 of this chapter:

   1. (1) May request a lacto-ovo vegetarian menu for nonreligious reasons; and
   2. (2) May not be reconsidered for the RDP until existing RDP-related sanctions end and the incarcerated individual files a request in accordance with Regulation .04 of this chapter.

8. H. The managing official may suspend the delivery of an incarcerated individual’s RDP meal for up to 48 hours during a:

   1. (1) Declared emergency where halal or kosher meals are unavailable; or
   2. (2) Lockdown of a housing area where the RDP participant is assigned.
9. I. The facility shall provide an RDP bag lunch for an RDP incarcerated individual assigned to a work crew outside the facility.

10. J. Prescribed Medical Diets.

    1. (1) An incarcerated individual prescribed a medical diet may request to participate in the RDP by following the RDP request process described in Regulation .04 of this chapter using the Religious Diet Application Form.
    2. (2) If an incarcerated individual discloses a food allergy or a currently prescribed medical diet on the Religious Diet Application Form, the facility chaplain shall submit the incarcerated individual’s RDP application to the facility’s HSA and facility’s designated dietary officer.
    3. (3) The RDP application of an incarcerated individual with a food allergy or a prescribed medical diet shall be reviewed on a case-by-case basis by the Department’s CMO, or CMO’s designee, and a Department registered and licensed dietitian nutritionist.

    4. (4) If the CMO, or CMO’s designee, and a Department registered and licensed dietitian nutritionist determine that the RDP is compatible with the prescribed medical diet with reasonable modification, the incarcerated individual may opt to receive an RDP diet that meets the nutritional and therapeutic requirements of the prescribed medical diet.

       1. (a) Reasonable modification includes, but is not limited to the:

          1. (i) Omission or substitution of foods to which the incarcerated individual is allergic;
          2. (ii) Increase of the caloric value of a meal during periods of religious fasting; or
          3. (iii) Adjustment of scheduled meal delivery times during periods of religious fasting.
       2. (b) Reasonable modification does not include a dietary change with no medical or religious rationale as determined by the Chief of Religious Services, CMO, and a Department registered and licensed dietitian nutritionist.

    5. (5) If the CMO, or CMO’s designee, and a Department registered and licensed dietitian nutritionist determine the requested RDP is incompatible with, and cannot be modified to meet the nutritional and therapeutic requirements of the incarcerated individual, the CMO or CMO’s designee shall:

       1. (a) Explain to the incarcerated individual the nature of the incompatibility and the available options set forth in §I(6)(a) and (b); and
       2. (b) Be responsive to any questions or concerns communicated by the incarcerated individual.

    6. (6) After the incarcerated individual and the facility chaplain have been notified of the determination made by the CMO, or CMO’s designee, and a Department registered and licensed dietitian regarding the RDP application, the incarcerated individual may choose one of the following:

       1. (a) Remain on the prescribed medical diet and withdraw their RDP request; or
       2. (b) Refuse the prescribed medical diet and participate in the RDP without any modification.

    7. (7) Refusal of a prescribed medical diet.

       1. (a) An incarcerated individual who refuses a prescribed medical diet shall be counseled and required to sign an acknowledgment indicating the incarcerated individual’s informed consent and understanding of the potential adverse consequences of refusing the prescribed medical diet.
       2. (b) Prior to requiring the incarcerated individual to sign the acknowledgment, the CMO or designee shall ensure that the incarcerated individual is competent to make an informed decision concerning the incarcerated individual’s refusal of the medical diet.

    8. (8) An incarcerated individual currently prescribed a medical diet shall, before participating in a period of religious fasting:

       1. (a) Review health and medical diet concerns with the facility’s medical staff;
       2. (b) If applicable, sign an acknowledgment indicating the incarcerated individual’s informed consent and understanding of the potential adverse consequences of refusing the prescribed medical diet for the period of the religious fasting; and
       3. (c) After the period of the religious fasting ends, return to the applicable medical diet, if the medical condition warranting the diet still exists.

Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

Effective date: March 12, 2018 (45:5 Md. R. 286)

Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)