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 3188 - Tobacco Products

Universal Citation: 15 CA Code of Regs 3188

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

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

(1) Advertise means the display or posting of any poster, sign, or other written or visual material that serves to communicate commercial information or images to the public.

(2) Tobacco product means any product that contains tobacco, the prepared leaves of any plant belonging to the nicotiana family, which shall include, but not be limited to, cigarettes, loose tobacco, cigars, snuff, chewing tobacco, or any other preparation of tobacco, tobacco substitutes, smoking paraphernalia, and all other items developed or processed for the primary purpose of facilitating the use or possession of tobacco or tobacco related products as well as packaging material. Packaging material includes, but is not limited to, snuff or cigarette containers.

(b) No tobacco product shall be advertised in any department- owned or -occupied facility with the exception of advertisements contained in a program, leaflet, newspaper, magazine, or other written material lawfully sold, bought, or distributed within a facility.

(c) Staff shall not use or possess tobacco products in the presence of incarcerated persons. No person shall possess or use tobacco products on the grounds of any institution/facility that houses or detains incarcerated persons, under the jurisdiction of the Department, except for the following:

(1) The use of tobacco products may be departmentally approved in incarcerated person religious ceremonies.

(2) Tobacco products for personal use off facility grounds are permitted when secured in a locked private vehicle.

(3) Tobacco products for personal use are permitted in residential spaces of staff where incarcerated persons are not present. Use of tobacco products in residential space at correctional training academies, and in Staff Quarters at conservation camps, will be permitted only in designated areas with designated times to be determined by local operational procedures.

(4) Tobacco cessation products such as a patch, inhaler, or lozenges are permitted for use by staff, and must be for immediate personal use only.

(d) On July 1, 2005 and thereafter, smoking, possession, or use of tobacco products by incarcerated persons under the jurisdiction of the Department, or any other persons where incarcerated persons are housed or detained, except as provided in (c), is prohibited and tobacco products will be considered contraband in accordance with section 3006.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; and Section 19994.35, Government Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; Section 19994.35, Government Code.

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