Section 33-10-4 - Freedom of worship. - New Mexico Statutes

33-10-4. Freedom of worship.

A.     Native American religions shall be afforded by the corrections department the same standing and respect as Judeo-Christian religions.  The practice of native American religion shall be permitted at each state corrections facility, including women's corrections facilities, to the extent that it does not threaten the reasonable security of the corrections facility.   

B.     Upon the request of any native American inmate or group of native American inmates, a state corrections facility shall permit access on a regular basis, for at least six consecutive hours per week, to:   

(1)     native American spiritual advisers;   

(2)     items and materials used in religious ceremonies provided by the inmate or a spiritual advisor, including cedar, corn husks, corn pollen, eagle and other feathers, sage, sweet grass, tobacco, willow, drums, gourds, lava rock, medicine bundles, bags or pouches, pipes, staffs and other traditional items and materials, except that the sacramental use of peyote by an inmate while incarcerated is prohibited in conformance with the religious and spiritual beliefs and policies of the Native American church; and  

(3)     a sweat lodge on the grounds of the corrections facility.   

C.     A secure place at the site of worship in which to store the items and materials used to conduct the religious ceremonies shall be provided.  Any native American inmate may possess items and materials used in religious ceremonies as defined in Section 2 Subsection B of this Act [Subsection B of this section] as long as this possession does not threaten the reasonable security of the corrections facility.   

D.     Native American spiritual advisers shall be afforded by the administration of a state corrections facility the same stature, respect and inmate contact as is afforded the clergy of any Judeo-Christian religion.   

E.     No native American inmate shall be required to cut his hair if it conflicts with his traditional native American religious beliefs.