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Committee approves accommodation allowing detainees to keep religious headgear during booking

House Judiciary Committee · December 4, 2024
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Summary

House Bill 5716, which would let people in custody retain religious head coverings during booking and photography under specified safety checks and procedures, was reported with recommendation after law‑enforcement witnesses supported a substituted draft.

The House Judiciary Committee advanced House Bill 5716, a measure to require accommodations so individuals in custody may retain religious head coverings (yarmulkes, turbans, scarves) during booking and photographs unless safety concerns require temporary measures. Representative Farhat introduced the bill and said it protects religious liberty while giving law‑enforcement clear operational guidance.

Chief Shaheen of the Dearborn Police Department, who identified himself as a long‑serving chief and one of the few Muslim police chiefs in the country, described a practice in his department of accommodating religious head coverings and urged support for the H‑2 substitute. “There’s no compelling governmental interest that should prevent someone from keeping their religious head coverings while in jail,” he said, while noting reasonable measures can guard against concealed contraband.

The Michigan Sheriffs Association (deputy director Dan Fonas) told the committee his organization opposed the bill as originally drafted but supports the H‑2 draft 1 because it provides uniform process and respects constitutional rights while remaining workable operationally. Law‑enforcement witnesses described safeguards such as same‑sex searches, handheld metal detectors and temporary non‑hazardous coverings if there is a safety concern.

Committee members pressed about frequency and operational feasibility; Chief Shaheen estimated accommodations occur in Dearborn about two to three times a month. The committee voted to report HB 5716 with recommendation and the chair noted the substitute language may be tweaked further before the bill goes to the floor.