BILL NUMBER:A10711
TITLE OF BILL: An act to amend the correction law, in relation to
banning tobacco products from correctional facilities
PURPOSE OR GENERAL IDEA OF BILL: To amend the corrections law to
prevent the prison population from the exposure of second hand smoke
while reducing the medical costs to inmates and corrections officers due
to ailments caused by smoking and or second hand smoke.
SUMMARY OF SPECIFIC PROVISIONS: The bill bans the sale of tobacco in any
commissary or canteen.
The bill would then authorize the Corrections Commissioner to ban
inmates front the possession of tobacco in New York State prisons by
amending rule 113.9 of section 270.2 of the New York Codes. The commis-
sioner would provide the rules and regulations to prohibit possession.
JUSTIFICATION:; According to a 2006 Surgeon General report more inmates
die each year from second hand smoke then from legal execution in the
United States. A study in a Vermont prison found that prison air may
contain nicotine concentrations up to twelve times higher than concen-
trations found in smoker's homes. The staggering concentrations of
second hand smoke places inmates in an environment that is more likely
to get them sick. This increases health care costs
S T A T E O F N E W Y O R K
________________________________________________________________________
10711
I N A S S E M B L Y
April 16, 2010
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to banning tobacco
products from correctional facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 26 of the correction law, as amended by chapter 487
of the laws of 1994, is amended to read as follows:
S 26. Establishment of commissaries or canteens in correctional insti-
tutions. The commissioner may authorize the head of any institution in
the department to establish a commissary or a canteen in such institu-
tion for the use and benefit of inmates. The moneys received by the head
of the institution as profits from the sales of the commissary or
canteen shall be deposited in a special fund to be known as the commis-
sary or canteen fund and such funds shall be used for the general
purposes of the institution subject to the provisions of section fifty-
three of the state finance law. TOBACCO PRODUCTS SHALL NOT BE SOLD OR
DISTRIBUTED FROM ANY COMMISSARY OR CANTEEN IN SUCH INSTITUTIONS. THE
COMMISSIONER SHALL AMEND RULE 113.9 OF SECTION 270.2 OF THE NEW YORK
CODES, RULES AND REGULATIONS TO PROHIBIT THE POSSESSION OF ANY TOBACCO
PRODUCTS BY AN INMATE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16684-01-0
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