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have health insurance or does not have the ability to pay the costs of the medical or health care.

7. g. Ensure that inmates may reasonably exercise their religious beliefs.

2. Correctional facility staff or an administrator of a correctional facility may not:

a. Substantially burden the exercise of religion by an offender in the custody of the correctional facility unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest;

b. Treat religious conduct more restrictively than any comparable secular conduct unless the correctional facility demonstrates the disparate treatment is necessary to further a compelling penological interest and is the least restrictive means of furthering that compelling penological interest; or

c. Deny clergy access to an offender in the custody of the correctional facility for the purpose of providing religious services unless the correctional facility demonstrates the denial is necessary to further a compelling penological interest and is the least restrictive means of furthering that compelling penological interest.

3. An offender in the custody of a correctional facility claiming to be aggrieved by a violation of subsection 2 may assert, after exhausting appropriate administrative remedies, that violation as a claim or defense in a judicial proceeding and, if the offender is the prevailing party, may obtain appropriate relief, including costs and reasonable attorney's fees.

SECTION 2. AMENDMENT. Section 12-47-26 of the North Dakota Century Code is amended and reenacted as follows:

12-47-26. Uniform kindly treatment of inmates.

1. The warden and all officers of the penitentiary uniformly shall treat the inmates thereofof the penitentiary with kindness, and the warden shall require of the officers and guards that, in the execution of theirthe officers' and guards' respective duties, theythe officers and guards in all cases shall refrain from boisterous and unbecoming language in giving their orders and commands. No corporalCorporal or other painful or unusual punishment shallmay not be inflicted upon the inmates of the penitentiary for violation of the rules and regulations thereofof the penitentiary.

2. A facility under the control of the department of corrections and rehabilitation may not:

a. Substantially burden the exercise of religion by an offender in the custody of the facility unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest;

b. Treat religious conduct more restrictively than any comparable secular conduct unless the facility demonstrates the disparate treatment is necessary to further a compelling penological interest and is the least restrictive means of furthering that compelling penological interest; or