5145.32 Tobacco use.

(A) As used in this section:

(1) “Smoke” means to burn any substance containing tobacco, including, but not limited to, a lighted cigarette, cigar, or pipe.

(2) “State correctional institution” has the same meaning as in section 2967.01 of the Revised Code and includes a prison that is privately operated and managed pursuant to a contract the department of rehabilitation and correction enters into under section 9.06 of the Revised Code.

(3) “Use tobacco” means to chew or maintain any substance containing tobacco, including smokeless tobacco, in the mouth to derive the effects of tobacco.

(B) No person shall smoke, use, or possess tobacco or have tobacco under the person’s control on any property under the control of the corrections medical center in Columbus or the Ohio state penitentiary in Youngstown.

(C) No person shall smoke or use tobacco in a building of the north coast correctional treatment facility in Grafton, Lake Erie correctional institution, Toledo correctional institution, Hocking correctional facility, Oakwood correctional facility, northeast pre-release center, Franklin pre-release center, or Montgomery education pre-release center.

(D)(1) The director of rehabilitation and correction shall designate at least one tobacco-free housing area within each state correctional institution that is not identified in division (B) or (C) of this section.

(2) No person shall smoke or use tobacco in an area designated by the director under division (D)(1) of this section.

(E) A violation of division (B), (C), or (D)(2) of this section is not a criminal offense. The department of rehabilitation and correction shall adopt rules that establish procedures for the enforcement of those divisions and that establish disciplinary measures for a violation of those divisions.

(F) The department may designate locations at which it is permissible to smoke or use tobacco outside of a building of an institution identified in division (C) of this section.

(G) The department shall provide smoking and tobacco usage cessation programs for prisoners at all state correctional institutions, subject to available funding.

(H) The director shall review the practicality of eliminating access to smoking or tobacco usage in specialized units to which this section’s prohibitions do not otherwise apply.

Effective Date: 06-02-2000