(a) The terms below are defined for the purposes of this section:
(1) Smoke or Smoking means the inhaling, exhaling, burning, or carrying of any lit cigarette, cigar, pipe, or smoking paraphernalia used for consuming the smoke of tobacco or any other burning product.
(2) Use means the use of any tobacco product.
(3) Residential Space means the private living areas of staff. Residential Space does not include the living areas of inmates or family visiting areas. Residential space includes, but is not limited to, residential areas at institutions, correctional training academies, and conservation camps.
(4) Facility means any building, areas of any building, or group of buildings owned, leased, or utilized by the Department. This shall include, but not be limited to, institutions, conservation camps, community correctional facility, and reentry furlough, and restitution centers.
(b) No person shall smoke within 20 feet of any operative window of, entrance/exit to, or within the interior of any state owned or state occupied building, with the following exceptions:
(1) Residential spaces of staff excluding correctional training academies, Staff Quarters at conservation camps, and designated non-smoking housing on institutional grounds. For these excluded areas, smoking will be permitted for staff in designated areas at designated times.
(2) In areas designated by each institution head for the purpose of approved inmate religious ceremonies as specified.
(c) In addition to (b), no person shall smoke in any area that may pose a safety or security risk, e.g., within any fire hazardous areas.
(d) Signs shall be posted at entrances of all areas designated no smoking and, as necessary, any other outside areas of a facility not designated for smoking, along with a citation of the authority requiring such prohibition.
(e) No person shall smoke in any vehicle that is state-owned or -leased by the state.
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; Sections 7596-7598 and 19994.30-19994.32, Government Code.
1. Renumbering of former section 3188 to new section 3187, including amendment of section and Note, filed 7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-14-2005 or emergency language will be repealed by operation of law on the following day. For prior history of article 8 (sections 3180-3181), see Register 90, No. 6 and Register 91, No. 6.
2. Certificate of Compliance as to 7-7-2005 order transmitted to OAL 12-13-2005 and filed 1-26-2006 (Register 2006, No. 4).
3. Editorial correction of Histories 1 and 2 (Register 2008, No. 21).
4. Change without regulatory effect amending subsection (b)(1) filed 4-11-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 15).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 3187, 15 CA ADC § 3187
