State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-23_1

§ 148‑23.1.  (Effectiveuntil March 1, 2010) Smoking prohibited in State correctional facilities.

(a)        The GeneralAssembly finds that in order to protect the health, welfare, and comfort ofinmates in the custody of the Department of Correction and to reduce the costsof inmate health care, it is necessary to prohibit inmates from using tobaccoproducts inside State correctional facilities and to ensure that employees andvisitors do not use tobacco products inside those facilities.

(b)        No person may usetobacco products inside of a State correctional facility, except for authorizedreligious purposes.

(c)        The Department ofCorrection may adopt rules to implement the provisions of this section. Inmatesin violation of this section are subject to disciplinary measures to bedetermined by the Department, including the potential loss of sentence creditsearned prior to that violation. Employees in violation of this section aresubject to disciplinary action by the Department. Visitors in violation of thissection are subject to removal from the facility and loss of visitationprivileges.

(d)        As used in thissection, the following terms mean:

(1)        State correctionalfacility. – All buildings of a State correctional institution operated by theDepartment of Correction.

(2)        Tobacco products. –Cigars, cigarettes, snuff, loose tobacco, or similar goods made with any partof the tobacco plant that are prepared or used for smoking, chewing, dipping,or other personal use. (2005‑372, s. 2.)

§ 148‑23.1.  (EffectiveMarch 1, 2010) Tobacco products prohibited on State correctional facilitiespremises.

(a)        The GeneralAssembly finds that in order to protect the health, welfare, and comfort ofinmates in the custody of the Department of Correction and to reduce the costsof inmate health care, it is necessary to prohibit inmates from using tobaccoproducts on the premises of State correctional facilities and to ensure thatemployees and visitors do not use tobacco products on the premises of thosefacilities.

(b)        No person may usetobacco products on the premises of a State correctional facility, except forauthorized religious purposes. Notwithstanding any other provision of law,inmates in the custody of the Department of Correction and persons facilitatingreligious observances may use and possess tobacco products for religiouspurposes consistent with the policies of the Department.

(b1)      Except as providedin subsection (b) of this section, no person may possess tobacco products onthe premises of a State correctional facility. Notwithstanding the provisionsof this subsection, an employee or visitor may possess tobacco products withinthe confines of a motor vehicle located in a designated parking area of acorrectional facility's premises if the tobacco product remains in the vehicleand the vehicle is locked when the employee or visitor has exited the vehicle.

(c)        The Department ofCorrection may adopt rules to implement the provisions of this section. Inmatesin violation of this section are subject to disciplinary measures to bedetermined by the Department, including the potential loss of sentence creditsearned prior to that violation. Employees in violation of this section aresubject to disciplinary action by the Department. Visitors in violation of thissection are subject to removal from the facility and loss of visitationprivileges.

(d)        As used in thissection, the following terms mean:

(1)        State correctionalfacility. – All buildings and grounds of a State correctional institutionoperated by the Department of Correction.

(2)        Tobacco products. – Cigars,cigarettes, snuff, loose tobacco, or similar goods made with any part of thetobacco plant that are prepared or used for smoking, chewing, dipping, or otherpersonal use.  (2005‑372,s. 2; 2009‑560, s. 1.)