N.Y. Laws » CHAPTER Correction / ARTICLE Miscellaneous Provisions
New York Consolidated Laws

N.Y. Correction Law § 610 (2026)

Freedom of worship

✓ current as of May 2026
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§ 610. Freedom of worship. 1. All persons who may have been or may
hereafter be committed to or taken charge of by any of the institutions
mentioned in this section, are hereby declared to be and entitled to the
free exercise and enjoyment of religious profession and worship, without
discrimination or preference.
  2. This section shall be deemed to apply to every incorporated or
unincorporated society for the reformation of its incarcerated
individuals, as well as houses of refuge, penitentiaries, protectories,
reformatories or other correctional institutions, continuing to receive
for its use, either public moneys, or a per capita sum from any
municipality for the support of incarcerated individuals.
  3. The rules and regulations established for the government of the
institutions mentioned in this section shall recognize the right of the
incarcerated individuals to the free exercise of their religious belief,
and to worship God according to the dictates of their consciences,
including baptism by immersion, in accordance with the provisions of the
constitution; and shall allow religious services on Sunday and for
private ministration to the incarcerated individuals in such manner as
may best carry into effect the spirit and intent of this section and be
consistent with the proper discipline and management of the institution;
and the incarcerated individuals of such institutions shall be allowed
such religious services and spiritual advice and spiritual ministration
from some recognized clergyman of the denomination or church which said
incarcerated individuals may respectively prefer or to which they may
have belonged prior to their being confined in such institutions; but if
any of such incarcerated individuals shall be minors under the age of
sixteen years, then such services, advice and spiritual ministration
shall be allowed in accordance with the methods and rites of the
particular denomination or church which the parents or guardians of such
minors may select; such services to be held and such advice and
ministration to be given within the buildings or grounds, whenever
possible, where the incarcerated individuals are required by law to be
confined, in such manner and at such hours as will be in harmony, as
aforesaid, with the discipline and the rules and regulations of the
institution and secure to such incarcerated individuals free exercise of
their religious beliefs in accordance with the provisions of this
section. In case of a violation of any of the provisions of this section
any person feeling himself or herself aggrieved thereby may institute
proceedings in the supreme court of the district where such institution
is situated, which is hereby authorized and empowered to enforce the
provisions of this section.
Notes of Decisions
Cited in 15 cases, 1980–2018 · leading case: Oppenheimer v. State of New York, 2017 NY Slip Op 5775 (N.Y. App. Div. 2017).
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Oppenheimer v. State of New York, 2017 NY Slip Op 5775 (N.Y. App. Div. 2017). · cites it 4× “In the meantime, claimant commenced this action in the Court of Claims seeking damages for the pat frisk and his ensuing confinement, asserting causes of action based on the federal and state constitutional free exercise rights, as well as the freedom of worship rights under…”
Muhammad v. City of New York Dept. of Corr., 904 F. Supp. 161 (S.D.N.Y. 1995). · cites it 2× “N.Y.Correct.Law § 610 (McKinney 1987). 48 .”
Cancel v. Mazzuca, 205 F. Supp. 2d 128 (S.D.N.Y. 2002). · cites it 2× “On the advice of DOCS’s Islamic Affairs Coordinator that all Muslims practice the same faith, and therefore do not require separate services, the grievance was denied.”
Cancel v. Goord, 278 A.D.2d 321 (N.Y. App. Div. 2000). · cites it 3× “Correction Law § 610 (3) further mandates that prison regulations “shall recognize the right of the inmates to the free exercise of their religious belief, and to worship God according to the dictates of their consciences.”
Catholic Charities of the Diocese of Albany v. Serio, 28 A.D.3d 115 (N.Y. App. Div. 2006). “Only in the context of prison administration has the Court of Appeals articulated a quantum required of the State’s interest, and then it has required that the State show only a “legitimate” institutional interest to outweigh state constitutional free exercise claims {see Matter…”
Hasan Jamal Abdul Majid v. Henderson, 533 F. Supp. 1257 (N.D.N.Y. 1982). “See also N.Y.Correc.Law § 610; Brown v. McGinnis, 10 N.”
Orafan v. Goord, 411 F. Supp. 2d 153 (N.D.N.Y. 2006). “I, § 3, against all Defendants; and (7) violation of the right to free exercise of religion as provided by N.Y. Correction Law § 610 , and DOCS Directives 4200, 4202, and 4750, against all Defendants.”
Pugh v. Goord, 184 F. Supp. 2d 326 (S.D.N.Y. 2002). “The Appellate Division affirmed the lower court ruling that the DOCS treatment of Shiite inmates was “arbitrary and capricious” and violated the right to free exercise of religion enshrined in New York’s Corrections Law § 610. The Court ordered DOCS to conduct administrative…”
Jackson v. Coughlin, 204 A.D.2d 939 (N.Y. App. Div. 1994). “According to plaintiffs the policy violates their rights under NY Constitution, article I, § 3 and Correction Law § 610. Supreme Court held that the policy did not violate plaintiffs’ rights to religious freedom and entered judgment in favor of defendants, resulting in this…”
Overton v. Dep't of Corr. Servs., 131 Misc. 2d 295 (N.Y. Sup. Ct. 1986). “4914 would violate his right to the free exercise of religion and to the equal protection of the laws under US Constitution 1st and 14th Amendments, NY Constitution, article I, §§ 3, 11 and Correction Law § 610. The defendants contend that Rastafarianism is not a religion and…”
Leon v. Harris, 489 F. Supp. 221 (S.D.N.Y. 1980). “N.Y. Correction Law § 610 (McKinney Supp.”
Cancel v. Goord, 181 Misc. 2d 363 (N.Y. Sup. Ct. 1999). “Petitioner alleges that this violates Correction Law § 610 (3) which states in part that inmates: “shall be allowed such religious services and spiritual advice and spiritual ministration from some recognized clergyman of the denomination or Church which said inmates may…”
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