THE FOLLOWING MEMOS WERE POSTED IN CMC (SAN LUIS OBISPO) & NEW FOLSOM (SACRAMENTO) A DAY APART IN FEBRUARY 2002, PRIOR TO APPROVED CHANGES TO TITLE 15, (ARTICLE 8, #3189) AND ENFORCED AS OF APRIL. WARDENS HAVE THE RIGHT TO STOP INMATES FROM SMOKING INSIDE OF THE BUILDING, BUT NOT TO FORCE INMATES TO QUIT SMOKING. (ESPECIALLY CRUEL FOR INMATES WITHOUT ANY HELP TO ALLEVIATE THE PHYSICAL AND PSYCHOLOGICAL HARDSHIP THIS CREATES). DISCRIMINATING AGAINST LEVEL IV INMATES IS EFFIDENT!

CHANGES OF THIS MAGNITUDE REQUIRE A PUPLIC HEARING & THE DIRECTOR’S APPROVAL AFTER AN ALO REVIEW. THIS IS IN DIRECT VIOLATION OF OUR CALIFORNIA LAWS!

 

Click here for New Folsom Memo

 

San Luis Obispo:  

Memorandum

Date           : February 5, 2002

To              : ALL CONCERNED

From                : California Men’s Colony, San Luis Obispo, CA 93409

Subject : ELIMINATION OF TOBACCO PRODUCTS

The California Men’s Colony’s (CMC’s) request to prohibit inmate use of tobacco
products or access to smoking paraphernalia has been approved by Headquarters.
The following Associate Wardens are hereby assigned to a task force for developing
the policy and procedure for implementation by March 25, 2002.

P. Gallagher, Associate Warden, Classification & Treatment (Leader)

T. McAlister, Associate Warden, Program Services

M. Alves-Wright, Associate Warden, Business Services (A)

D. Freehauf, Associate Warden, Inmate Services

D. Carey, Associate Warden, West Facility

The policy and procedure for implementation must include, but not be limited to the
following information:

“ The process needs to be defined for eliminating all tobacco products and
smoking paraphernalia for inmates at CMC, except for departmentally approved
religious ceremonies.

• All institutional programs/procedures that may be impacted need to be identified
so that necessary changes can be made.

• An action plan with time frames needs to be developed to include a period of
time to deplete the existing stock of tobacco products in the canteen and allow
inmates to exhaust their personal supplies.

• An informational program needs to be developed informing and educating
inmates of the new policy, its ramifications, and the reasons for its
implementation.

• The policy will need to be incorporated into the inmate orientation
program/handout.

• A notice to staff and the various bargaining units with time frames for

Implementation will need to be done.


ALL CONCERNED
Page 2

• The new policy will need to be included in the new employee orientation
program.

• Appropriate changes in staff post orders/duty statements must be part of the
plan.

Inmate quarterly package procedures and canteen lists must be modified.

• The policy should delineate progressive discipline for inmates who are found in
violation of the ban on smoking and/or being in possession of tobacco
products/smoking paraphernalia.

• East and West Facilities shall keep their Men’s Advisory Councils apprised of the
policy and implementation time frames.

• A plan for removing the existing cigarette “strikers” in the recreation yards will
need to be addressed.

All division heads are expected to dedicate any necessary personnel or resources in
the completion of this project.

Please contact me should you have any questions.

 

R.SOUZA

Warden (A)
cc:   Division Heads

 

State of California

 

 

 

New Folsom:

MEMORANDUM

 

Date:        February 4, 2002

To           ALL INMATES HOUSED IN LEVEL IV HOUSING

 

 

From:      California State Pnson-Sacrameto Represa, CA 95671

 

 

 

Subject:   BAN OF SMOKING TOBACCO FOR LEVEL IV INMATES

 

Effective immediately, inmates in all Level IV housing units will not be permitted to purchase “smoking tobaccos” from the Canteen. Inmates housed in all Level IV housing units will not be able to receive smoking tobacco in quarterly packages beginning the second calendar quarter 2002. Inmates will be allowed to keep smoking tobacco products currently in their possession until March 31, 2002. After that date, smoking tobacco products discovered within the housing units will be considered contraband and will be disposed of accordingly.

 

This ban of smoking tobacco is a result of:

 

     Pending litigation and current appeals by inmates complaining about the health hazards related to the exposure to second-hand smoke.         

 

     Continued failure by the inmate population to comply with the departmental Smoking Policy and State Law which prohibits smoking in all State buildings. This is evidenced by the approximately 216 smoking-related Rules Violations Reports (CDC 115’s) and at least 69 Inmate Counseling Chronos (CDC 128 A’s) generated at SAC during the period June 1, 2001 to January 1, 2002.

 

     135 work orders addressed by Plant Operations where inmates have used cell electrical outlets to light cigarettes, thus creating fire hazards and endangering themselves and other inmates.

 

It is apparent that efforts to ensure compliance with the Smoking Policy have failed to achieve the goal. Despite these efforts, smoking by inmates in housing units continues to present a health risk to staff and inmates.

 

Therefore, while it is regretful that a ban must be implemented, the health and welfare of all staff and inmates is of paramount importance.

 

C. K. PLILER

Warden

 

CKP/ML:ml

 

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