AN ACT to prohibit smoking in state correctional institutions.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143‑599, as amended by S.L. 2005‑19, S.L. 2005‑168, and S.L. 2005‑239, is amended by adding a new subdivision to read:
"(9)	State correctional facilities operated by the Department of Correction."
SECTION 2.  Article 2 of Chapter 148 of the General Statutes is amended by adding a new section to read:
"§ 148‑23.1.  Smoking prohibited in State correctional facilities.
(a)	The General Assembly finds that in order to protect the health, welfare, and comfort of inmates in the custody of the Department of Correction and to reduce the costs of inmate health care, it is necessary to prohibit inmates from using tobacco products inside State correctional facilities and to ensure that employees and visitors do not use tobacco products inside those facilities.
(b)	No person may use tobacco products inside of a State correctional facility, except for authorized religious purposes. 
(c)	The Department of Correction may adopt rules to implement the provisions of this section. Inmates in violation of this section are subject to disciplinary measures to be determined by the Department, including the potential loss of sentence credits earned prior to that violation. Employees in violation of this section are subject to disciplinary action by the Department. Visitors in violation of this section are subject to removal from the facility and loss of visitation privileges.
(d)	As used in this section, the following terms mean:
(1)	State correctional facility. – All buildings of a State correctional institution operated by the Department of Correction.
(2)	Tobacco products. – Cigars, cigarettes, snuff, loose tobacco, or similar goods made with any part of the tobacco plant that are prepared or used for smoking, chewing, dipping, or other personal use."
SECTION 3.  The Department of Correction shall conduct one or more pilot programs banning smoking both inside buildings and on the grounds of State correctional institutions and administering smoking cessation programs for staff and inmates. The pilot smoking cessation programs shall be available to inmates and staff on a volunteer basis, and no person shall be compelled or coerced to participate. The smoking cessation program shall include instructions and education that will help inmates and staff cease the use of tobacco products and remain smoke free. The cost of administering the pilot smoking cessation program shall be paid from existing funds available to the Department of Correction.  The Department of Correction may use services, personnel, and resources donated by nongovernmental agencies and organizations to implement this program.  The Department of Correction shall report to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on or before April 1, 2006, on the progress and status of the pilot programs. 
SECTION 4.  The Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee shall study and make legislative recommendations on the feasibility and implementation of a two‑year phase‑in program banning smoking by all inmates, personnel, and visitors in all buildings and on all grounds of State correctional institutions operated by the Department of Correction.  This study shall examine methods to assist with smoking cessation, including the use of nongovernmental agencies, organizations, and corporations for counseling, training, cessation aids, and interventions.  The Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee shall report the results of this study to the General Assembly prior to the convening of the 2006 Session of the 2005 General Assembly. 
SECTION 5.  Sections 1 and 2 of this act become effective January 1, 2006. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 24th day of August, 2005.

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		 Beverly E. Perdue
	 President of the Senate

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		 James B. Black
	 Speaker of the House of Representatives

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		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2005