1604-S.E AMS CHRI S5739.1
ESHB 1604 - S AMD 857
By Senator Christian
NOT ADOPTED 03/03/2026
On page 2, line 37, after "(4)" insert "(a) Notwithstanding any other provision of law, a person employed by a jail may request an accommodation exempting the staff member from being required to perform a duty under this section if performance of the duty would conflict with the staff's sincerely held religious belief or practice.
(b) Any request for an accommodation pursuant to this subsection must be submitted in writing to the employing facility and identify:
(i) The specific duty for which the staff seeks an exemption; and
(ii) The sincerely held religious belief or practice that conflicts with the duty.
(c) The employing facility shall promptly review each request it receives for an accommodation pursuant to this subsection. Except as provided under (d) of this subsection, the employing facility shall grant the accommodation if:
(i) The request is based on a conflict with a sincerely held religious belief or practice; and
(ii) Granting the accommodation would not compromise the safety of or impose an undue hardship on the operation of the employing facility.
(d) The employing facility may deny a request for an accommodation if it demonstrates that the accommodation would:
(i) Create a significant risk to institutional security or public safety;
(ii) Unreasonably encumber the rights of other staff or confined persons; or
(iii) Impose costs or operational burdens that fundamentally alter the employing facility's ability to maintain safe and lawful operations.
(e) If the employing facility denies a request for an accommodation pursuant to this subsection, it shall attempt to identify alternative duties for the staff member to perform that, to the greatest extent possible, do not conflict with the staff member's religious belief or practice.
(f) The employing facility may not discipline, discharge, or otherwise retaliate against any staff member for requesting an accommodation pursuant to this subsection.
(5)"
Renumber the remaining subsection consecutively and correct any internal references accordingly.
EFFECT: Establishes a process for a staff member of a jail to request an accommodation exempting the staff member from performing certain duties related to searches of confined individuals on the basis that such duties conflict with the staff's sincerely held religious belief or practice.
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