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Guards, lawmakers wary of prison smoking ban

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By Kurt Erickson | Friday, December 28, 2007 |

SPRINGFIELD — A plan to completely ban tobacco in state prisons is drawing fire from lawmakers and the union representing guards.

As part of the statewide smoking ban taking effect Jan. 1, the Illinois Department of Corrections has decreed that no tobacco will be allowed inside prison walls after midnight.

Employees who want a smoke will have to go to employee parking lots to get a nicotine fix — if their jobs allow them to leave their posts.

Henry Bayer, executive director of the American Federation of State, County and Municipal Employees Council 31, said the union has filed an unfair labor practice charge saying state officials must negotiate with the guards on how to deal with the statewide ban.

“They are not supposed to make any changes without an agreement,” Bayer said Friday.

State Rep. Mike Bost, R-Murphysboro, called the department’s reaction “extreme” and said it will lead to problems.

“Forcing both inmates and staff to quit smoking cold turkey could lead to very tense situations, threatening the safety of correctional employees,” Bost said in a statement Friday.

“Our prisons are already understaffed and correctional employees are overworked and tired. By not allowing smoking on the premises at all, we are putting additional pressure on these employees,” Bost added.

In a letter to Department of Corrections chief Roger Walker, Bost calls for the state to make special smoking areas for guards and other prison staffers.

Despite earlier expressing concern that a smoking ban could raise tensions within the prison system, state officials say they don’t intend to change the plan.

“The bottom-line is that it is the law,” said Corrections spokesman Derek Schnapp.

In September 2006, state officials flip-flopped on their position regarding banning smoking in prisons. Initially, they said a ban was under consideration.

But, after a call from Bayer, the idea was quickly scrapped. The union has spent the last several years arguing that a smoking ban would raise tensions in prisons and turn tobacco into an illegal, but valued item for trading favors.

“We’re reasonably confident that the law is on our side on this question,” Bayer said.

Friday marked the final day of tobacco sales at inmate commissaries. In all, there are about 45,500 inmates in the state’s prison system.

Guards and other prison staffers — a total of 11,570 employees — will have to put out their cigarettes at 12:01 a.m., Jan. 1.

Schnapp said inmates will have the opportunity to take smoking cessation classes. They also will be able to purchase nicotine patches and lozenges in the commissaries.

In addition, the state will begin offering inmates three pieces of sugarless, hard candy with meals in order to take their minds off of having a cigarette after eating.

Bost is concerned that the ban will result in the creation of a black market for tobacco.

“Wholly banning all tobacco products increases the likelihood of the emergence of another underground market, undoubtedly resulting in risk to all those at correctional facilities,” Bost wrote.

Kurt Erickson can be contacted at (217) 789-0865 or kurt.erickson@lee.net.

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