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Senate Bill 0084

Florida Senate - 1998 SB 84 By Senator Burt 16-72-98 1 A bill to be entitled 2 An act relating to state correctional 3 facilities; creating the "Tobacco-free Prisons 4 Act"; providing legislative intent; requiring 5 the Department of Corrections and the 6 Correctional Privatization Commission to make 7 smoking-cessation assistance available to 8 inmates; requiring the act to be fully 9 implemented by a specified date; providing 10 definitions; prohibiting an inmate within a 11 state or private correctional facility from 12 possessing or using tobacco products regardless 13 of an inmate's location; prohibiting visitors 14 from possessing tobacco products while in a 15 state or private correctional facility; 16 authorizing the superintendent of each 17 correctional facility to designate special 18 smoking areas within the facility for use by 19 employees; authorizing employees to possess and 20 use tobacco products outdoors within a facility 21 perimeter; requiring policies for the disposal 22 of used tobacco products; providing penalties; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Tobacco-free Prisons Act.-- 28 (1) SHORT TITLE.--This section may be cited as the 29 "Tobacco-free Prisons Act." 30 (2) LEGISLATIVE INTENT.--The purpose of this section 31 is to protect the health, comfort, and environment of 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 84 16-72-98 1 nonsmoking employees of the Department of Corrections and the 2 Correctional Privatization Commission and of nonsmoking 3 inmates by prohibiting inmates from using tobacco products in 4 state correctional facilities. Scientific evidence links the 5 use of tobacco products with numerous significant health 6 risks. The use of tobacco products by inmates is contrary to 7 efforts by the Department of Corrections to reduce the costs 8 of inmate health care and limit unnecessary litigation. The 9 Department of Corrections and the Correctional Privatization 10 Commission shall make smoking-cessation assistance available 11 to inmates in order to implement this section. The Department 12 of Corrections and the Correctional Privatization Commission 13 shall implement this section as soon as possible and all 14 provisions of this section must be fully implemented by 15 January 1, 2000. 16 (3) DEFINITIONS.--As used in this section, the term: 17 (a) "Commission" means the Correctional Privatization 18 Commission or a private vendor in a contractual relationship 19 with the Correctional Privatization Commission. 20 (b) "Department" means the Department of Corrections. 21 (c) "Employee" means an employee of the department or 22 the commission, including a contractor, volunteer, or law 23 enforcement officer. 24 (d) "Private correctional facility" means a 25 correctional institution operated under section 944.105, 26 Florida Statutes, or chapter 957, Florida Statutes. 27 (e) "State correctional facility" means a state 28 correctional institution as defined in section 944.02, Florida 29 Statutes. 30 (f) "Tobacco products" means items such as cigars, 31 cigarettes, snuff, loose tobacco, or similar goods made with 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 84 16-72-98 1 any part of the tobacco plant, which are prepared or used for 2 smoking, chewing, dipping, sniffing, or other personal use. 3 (4) POSSESSION OR USE OF TOBACCO PRODUCTS 4 PROHIBITED.--An inmate within a state or private correctional 5 facility may not possess or use tobacco products at any time 6 while in the custody of the department or a state or private 7 correctional facility. This prohibition applies regardless of 8 an inmate's location in relation to the physical plant of a 9 state or private correctional facility. Any person who visits 10 a state or private correctional facility, other than an 11 employee, may not use or possess any tobacco products while in 12 the state or private correctional facility. The superintendent 13 or supervisor of each state or private correctional facility 14 shall take reasonable steps to ensure that the tobacco 15 prohibition for visitors is strictly enforced. 16 (5) DESIGNATION OF EMPLOYEE SMOKING AREAS.--The 17 superintendent or supervisor of each state or private 18 correctional facility may designate special smoking areas, as 19 necessary, for use by employees. While on the grounds of a 20 state or private correctional facility, an employee may use 21 tobacco products outdoors within the perimeter of the 22 correctional facility. The superintendent or supervisor shall 23 use due care to designate other smoking areas in locations to 24 prevent employee and inmate exposure to secondhand smoke. The 25 superintendent or supervisor shall establish policies for the 26 disposal of used tobacco products by employees. 27 (6) PENALTIES.--An inmate who violates this section 28 commits a disciplinary infraction and is subject to punishment 29 determined to be appropriate by the disciplinary authority in 30 the facility, including, but not limited to, forfeiture of 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 84 16-72-98 1 gain-time or the right to earn gain-time in the future under 2 section 944.28, Florida Statutes. 3 Section 2. This act shall take effect upon becoming a 4 law. 5 6 ***************************************** 7 SENATE SUMMARY 8 Creates the "Tobacco-free Prisons Act." Prohibits the possession or use of tobacco products by inmates within 9 state correctional facilities. Defines the term "tobacco products" to mean cigars, cigarettes, snuff, loose 10 tobacco, or similar goods. Provides that an inmate who violates the act is subject to forfeiting gain-time or 11 the right to earn gain-time. Requires the superintendent or supervisor of each state correctional facility to 12 designate smoking areas for use by employees of the facility. Requires the Department of Corrections and the 13 Correctional Privatization Commission to make smoking-cessation assistance available to inmates. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4