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December 7, 2014

Blanket prohibition of tobacco now officially the law of the federal prisons land

As reported in this US News article, the "Federal Bureau of Prisons is officially banning smoking and possession of tobacco in any form by prison inmates."  Here is more:

The prohibition takes effect 30 days after publication of a final regulatory rule Monday in the Federal Register.  Prison guards still will be allowed to possess tobacco, but inmates will be permitted to smoke only for religious purposes.

“I’m a little surprised to be getting calls about this,” says Bureau of Prisons spokesman Ed Ross. Tobacco use by inmates, he says, is already banned in practice due to a 2006 policy taking tobacco products off the shelves of prison commissaries.  Cigarettes became contraband when commissaries stopped selling them, despite regulations technically allowing for outdoor smoking.

“If an inmate is found to be in possession of tobacco they are subject to discipline,” possibly including loss of phone or visitation privileges, Ross says. “I think it’s just formalizing the policy that’s in place.”...

Prisoners are historically more likely to smoke than the general public. Before the 2006 policy change, an estimated 60 to 80 percent of prison and jail inmates were smokers — far higher than the national average — alarming public health advocates who noted poor ventilation at facilities exposed nonsmokers to significant amounts of secondhand smoke.

But there's a flip side to banning tobacco.  The New York Daily News reported in 2013 tobacco prohibitions led to a surge in black market prices, with individual cigarettes selling for an average of $30 on New York City’s Rikers Island.  The Daily Beast reported the restrictions created a “cash cow” for prison gangs like the Aryan Brotherhood.

The new rule applies only to the 212,438 inmates housed in federal facilities. Many state and local jails, however, have independently banned tobacco use.

December 7, 2014 at 11:22 AM | Permalink

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Comments

This new policy is a non-event for those in Federal prisons. Although I have never smoked, I was an inmate at USP - 1, Coleman, Florida in 2006, when BOP commissaries stopped selling all tobacco product and tobacco products became contraband. It was a big deal, because about 85% of penitentiary inmates smoked before that. For months after the commissary quit selling cigarettes, the guards kept finding cartons stashed in heating ducts and other places all over the prison. And the inmates deeply resented that the guards still had outdoor smoking areas, where they would light up and smoke within sight of the inmates. The red part of the Marlboro cigarette packages was visible thru the guards' white breast uniform pockets as they walked around the prison. Also not mentioned is that since 2006, prison guards have been subject to criminal prosecution for delivering and selling tobacco products to inmates, despite the fact that tobacco is legal outside of prisons.

Posted by: Jim Gormley | Dec 7, 2014 11:30:06 AM

There is no harm to smoking 4 cigarettes a day. If one could that, one could control the smoker with minimal arguing to do whatever the guards wanted. Again, lawyers are stupid in missing an opportunity for soft but reliable authority. Lawyers just pass regulations without talking to people who know something.

Posted by: Supremacy Claus | Dec 7, 2014 1:05:16 PM

The ban on inmates smoking in Federal prison (and in most state prisons and many jails) arose out of litigation filed over second-hand smoke by non-smoking inmates and guards! Once non-smoking guards started filing lawsuits against the BOP over second-hand inmate smoke in their working areas, it had to end. the BOP's liability exposure would have been huge if they hadn't ended it.

Posted by: Jim Gormley | Dec 7, 2014 1:35:05 PM

Jim, that's right. I don't know of any USP or FCI that permits inmate smoking. Guards do smoke and sometimes leave the remnants around, these are valued and sold. I don't know why they need this statement, unless it was made to validate the penalty.

Posted by: beth | Dec 7, 2014 6:13:27 PM

well I think the FBOP is a group of two-faced lieing shits. They admit they illegally removed cigarettes from the shelves in 2006 even when it was STILL legal to smoke and then use that excuse to jam up god knows how many inmates. Sounds like their asses should now be in a prison somewhere.

as for this!

"And the inmates deeply resented that the guards still had outdoor smoking areas, where they would light up and smoke within sight of the inmates."

sorry but a that point if it's illegal to smoke on the grounds. the guards are now criminals. Make some citizens arrests and beat their asss.

Posted by: rodsmith | Dec 8, 2014 1:23:37 AM

This article is less "news," than it is an indictment about how little the U.S. media and electorate know about what is happening in its federal prisons. Mr. Gormley correctly notes that this rule simply finalizes an interim regulation and BOP policy that's been in place for eight years. But the reporting -- and public comments about the reporting -- illustrate that not even the reporters have all the facts.

The average citizen doesn't need to know the ins and outs of serving time. But shame on the media for not doing even an iota of research about whether this is news to those living that reality, and making readers a little better informed.

Posted by: Jay Hurst | Dec 8, 2014 7:50:51 AM

National policy being made by know nothing lawyers, who do not even bother with internet research. Garbage science prevails when the lawyer makes policy. From the National Cancer Institute.

http://jnci.oxfordjournals.org/content/early/2013/12/05/jnci.djt365.extract

People who smoke tend to live together, so the second hand smoke effect on the cancer rates in others is from their own smoking.

Posted by: Supremacy Claus | Dec 11, 2014 7:26:22 AM

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