Director of Corrections Howard Skolnik told the Nevada Indian Commission Wednesday he will make an exception to the prison system's new tobacco ban for American Indian religious ceremonies.
Those ceremonies, which conclude with participants smoking a ceremonial pipe, will be allowed to have the limited amount of tobacco needed to share the pipe.
Skolnik said he is aware that will cause some inmates to suddenly develop an interest in sweat lodge ceremonies just to get access to tobacco.
He banned tobacco products from the prison system, for inmates and staff, effective July 1.
"You'll have 100 inmates turn out for the sweat lodge because they can use tobacco there," he said.
And he said he anticipates that other religious groups in the prison system will want to add a sweat lodge ceremony to their practices.
Skolnik said that's not going to
happen: "If it wasn't in their ceremony last month, it isn't in their ceremony this month."
He said his staff is working out a process for acquiring and securing the limited amount of tobacco needed for the pipe ceremony.
He said changing state rules, federal rules and unresolved court challenges are complicating religious practices of traditional Indians within the prison system.
Deputy Attorney General Janet Trout, representing the prison system, said it has always been a problem that prison staff can't observe participants in the sweat lodge ceremony. She said the new Prison Rape Elimination Act further complicates that.
"Inmates may not be in an enclosed area where they may not be observed," she said. "So we have a problem with inmates in the sweat lodge where they cannot be observed."
On the other hand, she said federal courts have ruled the state cannot dictate the practice of religion in prison
The commission is working with Skolnik after rule changes forced some people in prison out of sweat lodge ceremonies.
"There are some people at Nevada State Prison adopted into the tribe 20 years ago who are no longer permitted to participate in ceremonies," said Rocky Boice, who volunteers at the prison with those ceremonies.
Skolnik assured Boice, commission executive director Sherry Rupert and others he will make every effort to ensure that native Americans can practice their religion in Nevada's prisons.
"But we're not going to allow just anyone to declare themselves native American to get into the lodges."
He said the commission can take on the task of making those determinations and that he will admit anyone they certify into the sweat lodge ceremonies.
"We will do that as broadly as possible and only tighten it up if there are abuses," he told commissioners.
There are lodges in most of Nevada's prisons except for the honor camps. Boice said they typically draw anywhere from 12 to 20 individuals to lodge ceremonies now. The lodges are turned into a sauna by pouring water over fire-heated rocks. The ceremonies Boice described as a purification process are designed to help participants become better, more spiritual people, rid themselves of addiction and other problems and connect with the teachings of their ancestors.