28 June 2010                                                                                                Printable version: www.endsmoking.org.nz/smokefreeprison.pdf

Smokefree Prisons

Radio NZ News.

All New Zealand prisons will be smokefree within a year.

The Government has announced a total ban on smoking to take effect from 1 July 2011. The ban also extends to lighters and matches.

More than two-thirds of prisoners are smokers and the ban is expected to affect about 5700 inmates.

There will be a year-long campaign to help prisoners quit smoking, including an education programme and access to patches and nicotine replacements.

At present prisoners are allowed to smoke in their cells and in designated outside areas. But the Corrections Minister, Judith Collins, says smoking is a serious health risk to inmates and staff.

"We have 3500 staff who every day get exposed to secondhand smoke at levels which are far more than if they were living in the home of a smoker."

She says she is very concerned about potential health problems among prison staff.

Ms Collins says banning matches and lighters will make prisons safer, because inmates won't be able to use them to fashion weapons or thrown at guards.

Ms Collins says the Government may yet face lawsuits from staff and inmates objecting to being exposed to secondhand smoke.

2006 situation

Summary: As of 2006, prisons minimize inmates’ and staff exposure to unwanted cigarette smoke “as far as reasonably practical.” To further protect nonsmokers, the next step is to stop tobacco coming into the prison - rather than ban smoking. Such a ban on tobacco in prisons is not government priority at present, and would require a special support programme to assist staff and inmates. Smokefree prisons require a dedicated support programme, legislative change, and a government or member’s bill to promote it.

The Smoke-free Environments Act amended in 2003, at section 6A, permits smoking in prisons, but requires the superintendent to ensure a written policy on smoking in prison’s cells, for protection of employees and inmates, that enshrines the principles that as far as is reasonably practical, inmate and employees be protected 1) against unwanted second hand smoke, and 2) against an inmate having to share the cell with a smoker.

In effect, smoking is permitted in prison outdoor areas and in many cells, but not in common indoor areas for either inmates or staff. A ban on smoking in cells would impinge severely on those inmates locked in their cells for the maximum 23 hours per day. In correctional facilities for adolescents, smoking is not permitted.

Surveys show that 83% of inmates have abused or been dependent on alcohol or other drugs. Most inmates smoke. The increasing prisoner census (over 5000 in 2003, now 8000), increases the pressure to put two in one cell, as does the increasing proportion locked down 23 hours a day. Cells in older prisons have poor ventilation for smoke.

Implementation pointers

·        Lead-in programmes involving the issuing of nicotine patches and gum can involve considerable expenditure, but this is much cheaper than provoking a riot.

anada. Canadian prisons in 2006 banned smoking in all indoor areas and cells, permitting smoking outdoors They led into this gradually, over a long period, providing nicotine replacement and assisting inmates to stop smoking.

USA: Smoking is banned in Federal and many state prisons.  Increasing numbers of correctional facilities in the United States have become smoke-free and made tobacco, matches, and lighters contraband. Most experience so far has not shown the feared difficulties arising when facilities become completely tobacco-free. Most programmes note that the issues around staff tobacco use at the facility are more challenging than those around prisoners' use.  Some states, such as Delaware, allow other tobacco products, like snuff or chew. Others, such as Florida, allow inmates to smoke in designated areas outside.

In 2004 77% of US facilities disallowed tobacco use for prisoners, although 79% of them allow staff to use tobacco on the premises2; various programmes have noted some difficulty resulting from this. The transition process is not minimal, and some programmes have reported difficulties, including amplification of discontent among prisoners and staff. During the transition period some programmes have made nicotine replacement therapy available…

1) Lincoln T, Chavez RS, Elizabeth Langmore-Avila, E.Letter, BMJ 2005;331:1473 (17 December), doi:10.1136/bmj.331.7530.1473-c

2) Gregg Zoroya USA Today 21 July 2004.

Smoking in secure facilities in psychiatric institutions  See www.endsmoking.org.nz/psychiatric.htm

 Dr Murray Laugesen QSO chair; Prof Ross McCormick, Sir John Scott KBE, Trish Fraser MPH, Dr Marewa Glover, Trustees

Making it easier to quit smoking for good © 2009 End Smoking NZ