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On or about May 18, 2017, the United States Department of Justice (DOJ) began an investigation into the Virginia Department of Corrections (VDOC). The investigation concerned a set of VDOC's policies on religious practice and thus implicated the Religious Land Use and Institutionalized Persons Act (RLUIPA). Specifically, the DOJ investigation covered VDOC's policies that required a five-person minimum for group worship, barred prisoners from attending religious services if they had missed prior services, and restricted prisoners from obtaining meals that accommodated religious dietary restrictions.
During the course of the investigation, the VDOC voluntarily modified these policies. Beginning on June 1, 2018, the VDOC changed its meal policy so that prisoners would not be removed from the religious diet for not picking up enough common fare meals per month. The VDOC additionally lowered the minimum number of people required for group worship from five to two, which went into effect on May 1, 2019. One month later on June 1, VDOC eliminated its requirement that prisoners be "active" within a religious group to remain eligible to attend religious services.
On September 30, 2019, the DOJ and VDOC entered into a one-year agreement that additionally required the VDOC to give two-week notice to the DOJ of any changes to their policy modifications. The VDOC also agreed to provide training to its staff, including chaplains, whose work dealt with the modified policies. The DOJ additionally required the VDOC to report information concerning new worship groups that requested permission to hold religious services, the VDOC's response to those requests, and any reasons for granting or denying permission to meet.
The investigation is now resolved.
Abato, Diane Marie (Virginia)
Fox, Deena (District of Columbia)
Mygatt, Timothy D. (District of Columbia)
Pearson, Victoria (Virginia)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Virginia
Case Type(s):
Key Dates
Closing Date: Sept. 30, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Non-court case, DOJ investigation
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Virginia Department of Corrections, State
Defendant Type(s):
Case Details
Causes of Action:
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
General:
Type of Facility: