California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 2 - Incarcerated Person Resources
Article 8 - Tobacco
Section 3187 - Smoking Policy

Universal Citation: 15 CA Code of Regs 3187

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The terms below are defined for the purposes of this section:

(1) Smoke or Smoking means the inhaling, exhaling, burning, or carrying of any lit cigarette, cigar, pipe, or smoking paraphernalia used for consuming the smoke of tobacco or any other burning product.

(2) Use means the use of any tobacco product.

(3) Residential Space means the private living areas of staff. Residential Space does not include the living areas of incarcerated persons or family visiting areas. Residential space includes, but is not limited to, residential areas at institutions, correctional training academies, and conservation camps.

(4) Facility means any building, areas of any building, or group of buildings owned, leased, or utilized by the Department. This shall include, but not be limited to, institutions, conservation camps, community correctional facility, and reentry furlough, and restitution centers.

(b) No person shall smoke within 20 feet of any operative window of, entrance/exit to, or within the interior of any state owned or state occupied building, with the following exceptions:

(1) Residential spaces of staff excluding correctional training academies, Staff Quarters at conservation camps, and designated non-smoking housing on institutional grounds. For these excluded areas, smoking will be permitted for staff in designated areas at designated times.

(2) In areas designated by each institution head for the purpose of approved incarcerated person religious ceremonies as specified.

(c) In addition to (b), no person shall smoke in any area that may pose a safety or security risk, e.g., within any fire hazardous areas.

(d) Signs shall be posted at entrances of all areas designated no smoking and, as necessary, any other outside areas of a facility not designated for smoking, along with a citation of the authority requiring such prohibition.

(e) No person shall smoke in any vehicle that is state-owned or -leased by the state.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; and Sections 7596- 7598 and 19994.30- 19994.32, Government Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; Sections 7596- 7598 and 19994.30- 19994.32, Government Code.

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