A Jew also has special dietary requirements. Persons of the Jewish faith may eat anything that grows out of the earth. They may also eat fish having scales and fins. Jews may not, however, eat meat from an animal with a cloven hoof or an animal that chews its cud. Dairy products and meat may not be eaten at the same meal. All food must be prepared using kosher implements and a kosher stove. The food must also be served in a kosher manner. This means that the kosher food must not be exposed to non-kosher items.
The Illinois Department of Corrections has not published any specific statewide policies instructing the various Illinois Correctional Centers on how to deal with Jewish inmates who desire to practice their religion. As such, Dixon Correctional Center officials have been inconsistent and slow in responding to Jewish inmates' requests for diet, garments, articles and services in line with their Jewish faith. Prior to June 1987, Jewish inmates at Dixon Correctional Center were permitted to wear yarmulkes all day long. At present, however, inmates are allowed to wear yarmulkes only in their cells and during religious services.
Dixon Correctional Center does provide prayer books for inmates' use. The books are kept in the chaplain's office, not in the Jewish prisoner's cell. As such, an inmate must ask the chaplain or a guard to obtain a prayer book for him every time the inmate desires to pray.
No rules exist regarding the provision of religious services to Jewish inmates. A general rule, promulgated by the Illinois Department of Corrections, does require a Correctional Center to provide religious services. Dixon Correctional Center is serviced by volunteer rabbis who provide religious services for Jewish inmates on some holidays and on some Sabbaths. Over a three and one-half year period, volunteer rabbis visited Dixon Correctional Center approximately forty-three times. When a rabbi is not present, Dixon Correctional Center allows inmates to gather for prayer and/or services only when a staff supervisor is present.
Beginning in December of 1985, a kosher diet was available at Dixon Correctional Center. Some breaks in the availability of kosher meals did occur during this time due to depletion of supplies and delays in receiving new deliveries of kosher meals. Special Passover meals also were served to Jewish inmates.
CONCLUSIONS OF LAW
Imprisonment deprives prisoners of many rights. Courts do recognize, however, that prison inmates retain limited constitutional rights including the First Amendment's guarantee of free exercise of religion. The right is limited in that a prisoner's religious exercises may be regulated by prison authorities. The regulation, in turn, is valid as long as it is "reasonably related to legitimate penological interests." Turner v. Safley, 482 U.S. 78, 96 L. Ed. 2d 64, 107 S. Ct. 2254 (1987); Reed v. Faulkner, 842 F.2d 960, 962 (7th Cir. 1988). Prison officials may not arbitrarily place obstacles in the way of inmates who seek to participate in their religion's tenets. Johnson-Bey v. Lane, 863 F.2d 1308, 1311 (7th Cir. 1988). Accordingly, a prisoner's right to exercise his religion under the First Amendment must be balanced against the legitimate goals of the penal institute. Hadi v. Horn, 830 F.2d 779, 783 (7th Cir. 1987).
The Supreme Court has set forth factors to be used in applying the reasonableness standard when reviewing prisoners' constitutional claims. The factors are:
1. whether a valid, rational connection exists between the regulation and a legitimate government interest behind the rule;