has enyone heard about the prisons going smoke free?

[neat1342]

my boyfriend wrote me a letter and he said they are going to stop all smoking in prison has any one else heard

[CandySunrise]

Some camps are already smokefree. I have heard talk on the news about banning smoking in all buildings but I think that is pretty much the standard for all DOC facilities.

[2021]

http://www.ncga.state.nc.us/enactedl..._148-23.1.html
NC General Statute:
§ 148‑23.1. Smoking prohibited in State correctional facilities.
(a) The General Assembly finds that in order to protect the health, welfare, and comfort of inmates in the custody of the Department of Correction and to reduce the costs of inmate health care, it is necessary to prohibit inmates from using tobacco products inside State correctional facilities and to ensure that employees and visitors do not use tobacco products inside those facilities.
(b) No person may use tobacco products inside of a State correctional facility, except for authorized religious purposes.
(c) The Department of Correction may adopt rules to implement the provisions of this section. Inmates in violation of this section are subject to disciplinary measures to be determined by the Department, including the potential loss of sentence credits earned prior to that violation. Employees in violation of this section are subject to disciplinary action by the Department. Visitors in violation of this section are subject to removal from the facility and loss of visitation privileges.
(d) As used in this section, the following terms mean:
(1) State correctional facility. – All buildings of a State correctional institution operated by the Department of Correction.
(2) Tobacco products. – Cigars, cigarettes, snuff, loose tobacco, or similar goods made with any part of the tobacco plant that are prepared or used for smoking, chewing, dipping, or other personal use. (2005‑372, s. 2.)

The above is termed smoke-free (there's another statute against smoking in any state vehicle); What you, I believe, are referring to is there are some facilities, designated as test facilities, for tobacco-free - NO possession of tobacco or tobacco products (cigarettes, cigars, snuff, chewing tobacco) anywhere on DOC property, inside or outside. At the end of the test (not sure exactly when) the DOC will report to the NC General Assembly then it will be decided to go tobacco-free or not. More than likely it will happen, sooner or later, though.

[neat1342]

i cant believe now you are really taking the rights away the family is paying for them and we dont think that it is right to take all things away they are still people because they are in prison i think you should band from inside of building but they should be aloud to smoke out side it is not asking to much

[2021]

http://www.ncga.state.nc.us/gascript...ubmitButton=Go

Senate Bill S-167
"AN ACT TO PROHIBIT SMOKING ON THE PREMISES OF CORRECTIONAL INSTITUTIONS, TO PROHIBIT THE POSSESSION OF TOBACCO PRODUCTS OR CELL PHONES OUTSIDE OF A LOCKED VEHICLE ON THE PREMISES OF CORRECTIONAL INSTITUTIONS, AND TO MAKE IT A CRIMINAL OFFENSE TO PROVIDE TOBACCO PRODUCTS OR CELL PHONES TO INMATES IN THE CUSTODY OF THE DEPARTMENT OF CORRECTION."

This bill passed the Senate 40 - 8 (1 excused absence) and crossed over to the House - went through one committee, reported favorable, and went (just yesterday 5-28-2009) to another committee.

The first paragraph gives the reason for the bill:
"The General Assembly finds that in order to protect the health, welfare, and comfort of inmates in the custody of the Department of Correction and to reduce the costs of inmate health care, it is necessary to prohibit inmates from using tobacco products inside on the premises of State correctional facilities and to ensure that employees and visitors do not use tobacco products inside on the premises of those facilities."

If, and when, passed into law it is set to become effective on March 1, 2010 and is not retroactive.

[neat1342]

does this mean next year they are going to do this

[2021]

Originally Posted by neat1342

does this mean next year they are going to do this

If it passes the House without any changes - then it goes to the Governor for her signature.

If the House changes anything to the bill, it will go back to the Senate for a vote - if the Senate doesn't pass the changes - it will go to a committee of both Senate and House to work out the differences, and then for a final vote, if it passes then onto the Governor ...

If and only IF it passes and gets signed then it becomes law, at which time it will become effective on the date in the bill.

So it still has way to go yet.

[smoser]

As strict as Bev Perdue is about prisoners...and her take on tobacco I would say it has a good chance in passing.

[neat1342]

boy there will be some mad boys i tell ya when this happens

[smoser]

I think if it is not illegal then they should at least let them smoke outside, but DOC is DOC, no changing it if they say so...

[Jeff4Life]

My boyfriend is in Avery Co and there is no more smoking starting October 5th, 2009

[2021]

Session Law 2009-560 (S167) http://www.ncga.state.nc.us/EnactedL...SL2009-560.pdf

"... employees and visitors do not use tobacco products on the premises of those facilities. ..."

"... visitor may possess tobacco products within the confines of a motor vehicle located in a designated parking area of a correctional facility's premises if the tobacco product remains in the vehicle and the vehicle is locked when the employee or visitor has exited the vehicle."

"Visitors in violation of this section are subject to removal from the facility and loss of visitation privileges.
(d) As used in this section, the following terms mean:
(1) State correctional facility. – All buildings and grounds of a State correctional institution operated by the Department of Correction.
(2) Tobacco products. – Cigars, cigarettes, snuff, loose tobacco, or similar goods made with any part of the tobacco plant that are prepared or used for smoking, chewing, dipping, or other personal use."

That means you can possess tobacco products in your locked vehicle BUT you cannot USE them, not even inside your vehicle, while on DOC premises.


By December 7th ALL DOC facilites will be TOBACCO-FREE.

Tobacco Ban Conversion – Monday October 5, 2009
Caledonia
Franklin
NCCIW
Raleigh CCW
Tillery
Wake
Bertie
Carteret
Hyde
Tyrrell
Brown Creek
Dan River
Lanesboro
Sanford
Columbus
Morrison
Scotland
Tabor
Avery Mitchell
Buncombe
Craggy
Foothills
Mountain View
Swannanoa

Tobacco Ban Conversion – Monday December 7, 2009
Anson
Cabrrus
Caswell
Davidson
Durham
Forsyth
Orange
Rowan
Bladen
New Hanover
Robeson
Evergreen
Sampson
Caldwell
Catawba
Charlotte
Gaston
Haywood
Rutherford
Wilkes
Center for Community Transitions (ECO)

[smoser]

Well in some aspects it will be a good thing...no more illegal sneaking in cigarettes by CO's, less inmates getting beat up or threatened because of cigarettes, less health risks involved...I know it will be hard for everyone at first but change is good! I am happy about the change and hope that the frustration of it all will calm down after a bit.

My baby's prison goes smoke free Dec. 7th!

[Rosr Mary]

At where my man is it's still coming in. Cigarettes cost 4 stamps each. Some guy got caught with over 200 stamps (the limit an inmate can have is 25) And they Smoke in the day room out in the open. My guy will get up and leave cause if the others get caught he'd get a write up too

[nursegrl79]

My husband's facility has been "smoke free" the whole time he has been there but the guys still get cigarettes from COs and homemade ones from God only knows where! How can you smoke something that came out of someone else's rear????? GROSS!

[2021]

Not only the CO's, ladies and gentlemen;

Just this past week an Inmate's female friend had her visitation suspended statewide forever for smuggling in a cigar during visitation.
He has until 2030 and now someone else has to bring his 2 yr old daughter to see him.


The other part of sessions law 2009-560 (Senate Bill 167) is, which will make it even worse later on:

(c) Any person who knowingly gives or sells any tobacco product, as defined in G.S. 148-23.1, to an inmate in the custody of the Department of Correction and on the premises of a correctional facility or to an inmate in the custody of a local confinement facility, or any person who knowingly gives or sells any tobacco product to a person who is not an inmate for delivery to an inmate in the custody of the Department of Correction and on the premises of a correctional facility or to an inmate in the custody of a local confinement facility, other than for authorized religious purposes, is guilty of a Class 1 misdemeanor.

(d) Any person who knowingly gives or sells a mobile telephone or other wireless communications device, or a component of one of those devices, to an inmate in the custody of the Department of Correction or to an inmate in the custody of a local confinement facility, or any person who knowingly gives or sells any such device or component to a person who is not an inmate for delivery to an inmate, is guilty of a Class 1 misdemeanor.

(e) Any inmate of a local confinement facility who possesses any tobacco product, as defined in G.S. 148-23.1, other than for authorized religious purposes, or who possesses a mobile telephone or other wireless communications device or a component of one of those devices, is guilty of a Class 1 misdemeanor."

[smoser]

Originally Posted by 2021

Not only the CO's, ladies and gentlemen;

Just this past week an Inmate's female friend had her visitation suspended statewide forever for smuggling in a cigar during visitation.
He has until 2030 and now someone else has to bring his 2 yr old daughter to see him.


The other part of sessions law 2009-560 (Senate Bill 167) is, which will make it even worse later on:

(c) Any person who knowingly gives or sells any tobacco product, as defined in G.S. 148-23.1, to an inmate in the custody of the Department of Correction and on the premises of a correctional facility or to an inmate in the custody of a local confinement facility, or any person who knowingly gives or sells any tobacco product to a person who is not an inmate for delivery to an inmate in the custody of the Department of Correction and on the premises of a correctional facility or to an inmate in the custody of a local confinement facility, other than for authorized religious purposes, is guilty of a Class 1 misdemeanor.

(d) Any person who knowingly gives or sells a mobile telephone or other wireless communications device, or a component of one of those devices, to an inmate in the custody of the Department of Correction or to an inmate in the custody of a local confinement facility, or any person who knowingly gives or sells any such device or component to a person who is not an inmate for delivery to an inmate, is guilty of a Class 1 misdemeanor.

(e) Any inmate of a local confinement facility who possesses any tobacco product, as defined in G.S. 148-23.1, other than for authorized religious purposes, or who possesses a mobile telephone or other wireless communications device or a component of one of those devices, is guilty of a Class 1 misdemeanor."

Yes I should have quoted others as well...I just know for the not so legitimate CO's it is an easier in for the inmates. But it does happen with others as well. I don't understand why anyone...CO's, visitors, etc etc would risk bringing anything in. I wouldn't even try to sneak him hot sauce, knowing how well he loves it on his chicken!! LOL No but really, is one day of smoking worth time in jail, record for life, getting fired from your job which is what pays your bills? I don't understand it...but I am full aware that people do it everyday, I just don't think they have their priorities straight.

[laydlyke]

I was asked, and said no. I can see how it would be hard though. Some inmates have ways of manipulating people. But I think this is great. Like smoser said, in the long run, there are gonna be less problems because of this legislation. I don't think my husband would have ever stopped smoking if this didn't happen.

Plus, it always made me mad that I had to pay for phone calls and others got them free if their man had a cell phone. I could have too, but I didn't want to be a part of sending a cell phone in the facility. One criminal in my marriage was enough, I sure didn't need to make it 2!

[ddjoy2]

Originally Posted by laydlyke

I was asked, and said no. I can see how it would be hard though. Some inmates have ways of manipulating people. But I think this is great. Like smoser said, in the long run, there are gonna be less problems because of this legislation. I don't think my husband would have ever stopped smoking if this didn't happen.

Plus, it always made me mad that I had to pay for phone calls and others got them free if their man had a cell phone. I could have too, but I didn't want to be a part of sending a cell phone in the facility. One criminal in my marriage was enough, I sure didn't need to make it 2!

I know that's right. Luckily, my hubby hasn't asked me to do any sneaking. He knows that is totally out of the question, plus he doesn't want to get caught doing anything wrong either.
Oh, good to see you Layd!!!

[Lugnut88]

Yup. October 31st is the last day they will sell tobacco, for health reasons. In my BF's camp the Warden is stocking cigs up in the Canteen and letting them buy as much as they can now. They will be able to keep them until they run out. The purpose is to lower the costs of health care due to 2nd hand smoke.

Originally Posted by neat1342

my boyfriend wrote me a letter and he said they are going to stop all smoking in prison has any one else heard

[CandySunrise]

2021,
When does that part of the law that you quoted in your reply become effective?

Candy

[2021]

Originally Posted by CandySunrise

2021,
When does that part of the law that you quoted in your reply become effective?
Candy

The DOC policy will be effective on the dates indicated for those particular facilities for being removed from the facility premises for violating the policy. Just like your own personal property - when you tell someone to leave and they don't, they may be charged with Trespassing.

As for being charged with the Misdemeanors (giving tobacco and/or cell phones to an inmate or to another to give to an inmate) - that is effective on March 1st, 2010; which is a Monday.

But until that date - it will be as is done now - That visitor's visitation will be Suspended State-wide for either a certain time period or indefinitely.

[Free Magick]

Effective October 1, 2009. Smoke free prisons. It is true

Originally Posted by neat1342

my boyfriend wrote me a letter and he said they are going to stop all smoking in prison has any one else heard

[Free Magick]

I can't believe that the Senate is taking all this time to pass the bill for no smoking in prisons, talk about causing problems. There are some people that have smoked all their life, and that's all they know. People are going to be on edge and tempers are sure to flare quicker.
They should be working on the bill for early release of non violent offenders, and first time offenders. They say the prisons are over crowded, they free those that shouldn't be there in the first place, like my son.

Originally Posted by CandySunrise

Some camps are already smokefree. I have heard talk on the news about banning smoking in all buildings but I think that is pretty much the standard for all DOC facilities.

[2021]

Originally Posted by Free Magick

Effective October 1, 2009. Smoke free prisons. It is true

Not just smoke-free but tobacco-free; NO use of tobacco products (including snuff and chewing tobacco) on NC DOC property and NO possession of tobacco products outside your locked vehicle on NC DOC property.

All NC DOC facilities are smoke-free in state vehicles and buildings. Some are tobacco-free now and ALL will be tobacco-free on December 1st.