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

              

Attempts to control the devastating effect of second hand smoke in pris-
ons  have  not yielded strong enough results. Some methods such as sepa-
rating smokers and non smokers and replacing indoor air with outdoor air
are not effective. While New York already has an indoor ban  on  smoking
in prisons. banning possession has been a proven more effective.

In  the  1993 Supreme Court case Melling v McKinney the court ruled that
the Eighth Amendment "protects inmates against the deliberate  indiffer-
ence  of prison officials to a serious risk of harm posed by second hand
smoke." In order to comply with this ruling banning  tobacco  possession
by  inmates  will  eliminate expose to second hand smoke and will reduce
the health care costs of inmates.

Twenty Five other states have passed a full  ban  on  tobacco  usage  in
prisons.  The American Correctional Association and the American Jailers
Association are also in favor of nonsmoking policies.

PRIOR. LEGISLATIVE HISTORY: New Sill.

FISCAL IMPLICATIONS: New York State would benefit  from  a  decrease  in
health care costs of its inmates.

EFFECTIVE DATE: The bill shall take effect on the ninetieth day after it
shall have become a law