Minnesota Department of Corrections

                    

Instruction:                302.310LL                              Title:   Use of Tobacco for American Indians

Issue date:                  11/16/10                                             

Effective date:           11/23/10

 

AUTHORITY:           Division Directive 302.310, "Use of Tobacco for Indian Ceremonies."

 

PURPOSE:    To provide instructions for procurement, designated areas, distribution, and storage of tobacco and lighting material utilized in American Indian spiritual ceremonies.

 

APPLICABILITY:    Minnesota Correctional Facility - Lino Lakes (MCF - LL).

 

INSTRUCTION:       An offender may use tobacco and necessary lighting material in designated areas while participating in an American Indian spiritual activity with approval of the facility religious coordinator and captain or designee.  The religious activity coordinator or his/her designee will schedule and arrange accommodations including security surveillance supervision, for religious ceremonies, activities, and special events.

 

DEFINITIONS:

Artifact -– American Indian item (e.g., medicine bag) of cultural and spiritual significance, that offenders are allowed to possess.  This article may contain tobacco and must be permanently sealed (glued or sewn shut).

 

Ceremony/activity -– American Indian event approved by the religious activity coordinator or his/her designee.  Activities include regularly scheduled ceremonies and special ceremonies (e.g., religious meal, family death or emergency, or special spiritual activities.)

 

Spiritual elder -– American Indian spiritual leader.

 

Pipe carrier -– American Indian offender chosen by the religious volunteer, in cooperation with the religious activity coordinator, to be responsible for the American Indian offender group pipe, tobacco, and lighting material during authorized activities.

 

PROCEDURES:

A.        Designated area -– American Indian offenders may use tobacco and lighting material in scheduled areas identified and approved by the religious coordinator and captain.

 

B.        Scheduled group ceremonies - the religious activity coordinator will arrange and post a schedule of the most current religious group ceremonies, including changes as necessary.  Offenders attending a group ceremony must sign up and prior to leaving for the group ceremony must check in at the living unit desk with the security staff, informing staff that they will be attending the program. 

 

C.        Special ceremonies - the religious activity coordinator or his/her designee may approve the use of tobacco for special ceremonies.  Except in emergencies (e.g., family death or other emergency) offenders must request the special use of tobacco at least two weeks prior to the date the activity is to occur.  The religious activity coordinator, in coordination with the captain/designee, will approve/deny each request on an individual basis.

 

D.        Security surveillance/searches - security staff may be present at scheduled religious activities to search designated activity areas including the sweat lodge and storage shed as well as all stored items in these locations.  Security staff may search offenders at any time (see Policy 301.010, “Searches”).  Staff will conduct surveillance and searches in a courteous, respectful manner.  Security staff may request that American Indian artifacts be opened and contents viewed.

 

E.         Procurement -– Tobacco may be donated by an organization in the community or the American Indian offenders participating in the group activities may pay for the tobacco using the voucher system.  The religious activity coordinator will schedule a weekly time for the American Indian pipe carrier to obtain the tobacco, determining the amount given for the week based upon number of events scheduled, number of participants, and history of offender tobacco usage.  The captain and religious practices committee must approve any significant ongoing changes in tobacco usage.

 

F.         Allocation – The religious resource coordinator will allocate 0.75 oz. of tobacco per 35 participating offenders.  Proportionately more or less tobacco will be allocated by the religious coordinator using this ration in accordance to the exact number of offenders participating.  Tobacco must be carefully weighed and placed into marked baggies for each event.  The Tuesday morning allocation for pipe carrier and fire starters will be in the amount of no more than one pipe-full (two tablespoons) of tobacco.

 

G.        Distribution - the religious activities coordinator will coordinate with the spiritual elder or other group designee to assign a pipe carrier to distribute tobacco at the ceremony.  Only one offender may be designated pipe carrier at a time.  If the ceremony is located away from the sweat lodge area, the assigned security staff or the pipe carrier will transport the tobacco to the site.

 

H.        Security staff distribution – Security staff will distribute the appropriately marked bag to the pipe carrier at the time of the pipe ceremony to assure the correct amount of tobacco is distributed to each group (e.g., bag marked Tuesday AM is for Tuesday AM only).

 

I.          Tobacco storage - tobacco is stored in the religious coordinator's office in a locked cabinet.  The religious coordinator will weekly transfer the allotted amount to the locked cabinet in the shed in the sweat lodge area.  Security squad members supervising American Indian religious activities are authorized to access the shed and the locked cabinet.

 

J.         Lighting material - offenders will use the provided lighter, stored in the locked cabinet with the tobacco.  At the end of each ceremony, the pipe carrier must return the lighter to the staff member observing the ceremony, who will secure the lighter in the shed's locked cabinet.  The religious activities coordinator will replace discharged lighters as needed.

 

K.        Sweat lodge equipment and necessary materials must be stored in the shed.  An updated inventory list of all authorized items must be maintained by the religious activity coordinator or his/her designee.

 

REVIEW:       Annually

 

REFERENCES:         Division Directive 302.300, "Religious Programming."

 

SUPERSESSION:     Instruction 302.310LL, "Use of Tobacco for American Indian Ceremonies," 10/27/09.

All facility policies, memos, or other communications whether verbal, written, or transmitted by electronic means regarding this topic.

 

ATTACHMENTS:    None

 

/s/

Eddie Miles, Jr., Warden

MCF - LL