State debates expanding tobacco ban in prisons

A proposal seeks to ban tobacco products in and out of prisons.

COLUMBUS (AP) — Ohio is moving ahead to ban all tobacco products from prisons by March despite questions about the state’s authority to put such a ban in place.

Smoking and tobacco products are already prohibited inside Ohio’s 32 prisons, although some facilities have outdoor areas set aside for inmates and staff.

Terry Collins, director of the Department of Rehabilitation and Correction, wants to expand the ban to eliminate all tobacco products in or out of prisons by March 1.

That ban will also stop the sale of tobacco products at prison commissaries, some of which still offer the items.

The main issue is the health of both inmates and prison employees, Andrea Carson, the department’s spokeswoman, said Saturday.

A joint House-Senate legislative rule-making committee was supposed to approve the plan last week.

But the prisons department took its plan off the agenda to review the proposal. Meanwhile, some lawmakers have raised questions about the state’s ability to implement such a ban without passing a new law.

Current law bans smoking in some prisons, but it’s not clear how the law deals with other correctional facilities, said Sen. Tom Niehaus, chairman of the Joint Committee on Agency Rule Review.

“We’re just trying to sort through this to make sure the statute does allow the Department of Rehabilitation and Correction to actually ban tobacco use in all facilities,” said Niehaus, a Republican from New Richmond in southwest Ohio. “That’s not clear right now.”

Niehaus said Saturday that his preference is to find a way to allow the agency to implement the ban without having to pass a new law.

Carson said the agency is confident it will have the ban in place by March one way or the other. It returns to JCARR with the proposal later this month.

The union representing prison guards wants assurances its employees will be offered the same types of anti-smoking programs available to inmates.

The Ohio Civil Service Employees Association is also concerned about enforcing the tobacco ban as the state tightens its budget and staffing goes down.

“This now will make tobacco contraband,” said OCSEA spokeswoman Sally Meckling. “We now have to enforce the prohibition of tobacco and that takes resources, and we don’t have resources, as I’m sure you’ve heard.”

Ohio had 51,197 inmates and 7,031 prison guards in December. One year ago, the prison system had fewer inmates (49,886) and more guards (7,212).

A recent worst-case budget scenario developed by Gov. Ted Strickland for all state agencies would eliminate 5,237 positions at the prisons department, including corrections and parole officers. It would also close six prisons at a time of inmate overcrowding.