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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: In Italy, article 51 of the Law no.3/2003 establishes that it is forbidden to smoke in public places and in places open to the public. The exact legal status of cells in penal establishments is currently under discussion. The purpose of our survey is to understand how your prison system regulates the need of protecting people\'s health - in particular staff health and co-inmates health - from prisoners\' smoking habit and what are the limits imposed to prisoners, given that smoking can be considered as one of their few \"safety valves\"
According to Law 42/2010, smoking is permitted in prisons in the outdoor areas of buildings at the open air or in closed rooms equipped for the purpose, which shall be due and visibly marked and have independent ventilation or other device for removing fumes.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?Smoking is allowed only in playgrounds, outdoor areas and individual cells (for privacy reasons). In shared cells it’s compulsory to respect the right of non-smokers. The management of the prison center distributes the cells so that they can be shared by smoker inmates.
What measures are taken to avoid damages from passive smoke for non-smoking staff?Our centers have no closed rooms with ventilation systems for smokers, whether they are inmates or staff.
In your penal establishments are there any premises specially dedicated to smokers?Smoking is allowed for inmates in workshops indoors with ventilation Systems. Nevertheless, because do not meet the legal requirements, from 1 October 2016 smoking will be forbidden in all workshops.
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The general prohibition to smoke in public and State owned premises extends to every part of the prisons except for the cells, which are considered in this context as a private home substitute, and for the open air courtyards.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?Non-smokers are never made to share a cell with a smoker.
What measures are taken to avoid damages from passive smoke for non-smoking staff?Prohibition to smoke inside the buildings (except for cells).
In your penal establishments are there any premises specially dedicated to smokers?No.
In Slovenia smoking is banned in all closed public and work premises, including catering and accommodation establishments. In 2007 Law on the Restriction of the Use of Tobacco was accepted. There is an exception inside the restriction, namely Art. 16: »In rooms which are not in common in use inside the elder houses and prisons and they are inhering inside only smokers is allowed to smoke.« If a convict is caught smoking where it is not allowed he is a subject of a milder discipline procedure. Signs informing about smoking or non-smoking areas should be properly put in place.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?If non-smoking prisoners wish they could stay in non-smoking room. In common rooms it is strongly prohibited to smoke, so there is small possibility to come in touch with smoking area.
What measures are taken to avoid damages from passive smoke for non-smoking staff?Staff is not allowed to smoke in any close space. They however do come in contact with damages from passive smoke if they enter in rooms where there prisoners are allowed to smoke.
In your penal establishments are there any premises specially dedicated to smokers?Inside the prison we do not have any special premises dedicated smokers (either staff or prisoners). Prisoners are allowed to smoke in their rooms, but staff is not allowed to smoke inside the premises.
In most prisons inmates are allowed to smoke in their cells and also whilst outdoors. In many cases, there will be designated areas for smoking in the prison yards. Smoking in common areas is not allowed. The prisons attempt to find solutions so that non-smokers, both inmates and staff, are subjected to as little cigarette smoke as possible. As a pilot project, Trondheim Prison has banned all smoking inside the prison building. Prison staff is not allowed to smoke inside the prison walls or at the entrance to the prison.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?See question 1
What measures are taken to avoid damages from passive smoke for non-smoking staff?See question 1
In your penal establishments are there any premises specially dedicated to smokers?See question 1
According with Section 11 Part 1 Clause 2 of The Law on On Restrictions Regarding Sale, Advertising and Use of Tobacco Products, it is prohibited to smoke in places of imprisonment, except for premises, which are specially designated for smoking. The internal procedure regulations of the relevant institutions and establishments may provide for the possibility of the inmates of the establishments to smoke also outside of the premises, which are specially designated for smoking, taking into account the physical and mental condition of such inmates. Thus according with previously mentioned it is a duty of the State to ensure that a non-smoking inmate does not have to stay in a cell where other inmates smoke. Therefore, primary are the rights to stay in a non-smoking cell, which is the duty of the administration of the prison, and only then , if an inmate agrees to be placed in a smoking cell, the administration of the prison can place them in a smoking cell. In places of imprisonment smoking is allowed only in those cells, which are provided for the smoking inmates. Smoking and non-smoking inmates are placed separately. An inmate, upon arrival to a place of imprisonment, provides information whether or not he/she agrees to be placed in a smoking cell. In a work zone, where inmates work, smoking is prohibited.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?Smoking and non-smoking inmates are placed separately. In the areas of a place of imprisonment where the inmates are moving around freely smoking is allowed only in specially designated places. In several places of imprisonment in the exercise area there have been installed special boots with ventilation where it is allowed to smoke.
What measures are taken to avoid damages from passive smoke for non-smoking staff?Please see answers to Question 1 and 2. The smoking staff members of a place of imprisonment may only smoke in specially designated areas that are placed outside.
In your penal establishments are there any premises specially dedicated to smokers?Please see answers to Question 1 and 2.
According to the Swedish Prison and Probation Service’s regulations and instructions neither inmates nor personnel are allowed to smoke indoors at all. Smoking is only allowed outdoors at the time and place that the prison have decided.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?That smoking only is allowed outdoors. Further, inmates have to buy their own cigarettes although they are not allowed to have cigarettes or lighters/matches in their room. Such things have to be stored in special lockers or similar. How the cigarettes are distributed to the inmates when they are allowed to smoke differs among different prisons.
What measures are taken to avoid damages from passive smoke for non-smoking staff?That smoking only is allowed outdoors. Further, inmates have to buy their own cigarettes although they are not allowed to have cigarettes or lighters/matches in their room. Such things have to be stored in special lockers or similar. How the cigarettes are distributed to the inmates when they are allowed to smoke differs among different prisons.
In your penal establishments are there any premises specially dedicated to smokers?There are no such premises indoors. At some prisons inmates only are allowed to smoke at the exercise yard and at other prisons they may also smoke on a balcony or similar solutions.
According to the Law on the Limitation of Use of Tobacco Goods, in Croatia smoking is forbidden in all closed public places. Spaces/rooms for smokers are not allowed in in places which provide health and education services. Exceptionally, smoking is allowed: - in special spaces/rooms seat out for smokers in touristic and catering objects, according to relevant legislation in the area of tourism. These rooms must be marked with "allowed to smoke" sign. - in special spaces/rooms seat out for smokers in psychiatric institutions and other health and social institutions which provide services for mentally disturbed persons and in prisons and penitentiaries, where it is allowed to smoke in rooms which are set out for smokers. These rooms must be marked with "allowed to smoke" sign. - in spaces/rooms for smoking.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?In prisons and penitentiaries there are smoking and no-smoking cells in closed conditions where prisoners spend up to 22 hours a day in their cells. I addition there are also shared rooms set out for smokers (living rooms or some other separate rooms for smokers). In open and semi-open conditions, prisoners are not allowed to smoke in their cells, but there are rooms set out for smokers (living rooms or some other separate rooms for smokers).
What measures are taken to avoid damages from passive smoke for non-smoking staff?Prison staff is not allowed to smoke on their working place. There are separate rooms in prisons and penitentiaries where prison staff can smoke.
In your penal establishments are there any premises specially dedicated to smokers?Yes
During admission, the prisoners or persons detained on other grounds submit a written declaration about their smoking habits according to which they may be housed in smoking or non-smoking cells. Smokers and non-smokers may not be housed in the same cell. Smoking is only allowed in smoking cells. For prisoners under the age of 18, smoking and possessing tobacco products is prohibited.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?Smoking is forbidden in non-smoking cells, common areas and corridors and is regarded as a disciplinary offense based on which disciplinary measures are imposed. Separate smoking areas are designated outside of the cells. The ventilation of smoking cells is a mandatory requirement enforced by the prison staff. Vented air may only be directed towards exterior areas. As maintaining the prisoners’ state of health is important for us, we motivate the prisoners to stop by organizing and hosting dedicated cessation programs and trainings. Although initially the program was solely open to juvenile prisoners, participation in it is not limited anymore. The trainings are conducted the by experts of the prison staff.
What measures are taken to avoid damages from passive smoke for non-smoking staff?Smoking for prison service personnel is allowed only at the designated smoking areas. In order to protect personnel performing service in cell blocks, the contents of item no. 2. apply as well.
In your penal establishments are there any premises specially dedicated to smokers?Yes, smoking cells and designated smoking areas are available.
Prisoners are only permitted to smoke in their own cells and during outdoor recreation. Staff, visitors and contractors are not permitted to smoke anywhere on SPS property.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?Prisoners are only permitted to smoke in their own cells and during outdoor recreation. Non-smoking prisoners should not be required to share a cell with a smoking prisoners but this is not always possible. A small number of prisons in Scotland have designated a proportion of their residential areas as smoke-free. Smoking cessation services are available to prisoners who wish to stop smoking. SPS does not permit anyone who is working in or visiting a prison to smoke within its boundary. A multi-agency group is working on a joint action plan, detailing how indoor smoke-free prison facilities will be delivered.
What measures are taken to avoid damages from passive smoke for non-smoking staff?Prisoners are only permitted to smoke in their own cells and during outdoor recreation. A small number of prisons in Scotland have designated a proportion of their residential areas as smoke-free. A multi-agency group is currently working on developing a joint action plan, detailing how indoor smoke-free prison facilities will be delivered. Non-smoking prisoners should not be required to share a cell with a smoking prisoners but this is not always possible. A small number of prisons in Scotland have designated a proportion of their residential areas as smoke-free. Smoking cessation services, are available to prisoners who wish to stop smoking. The SPS smoking policy requires members of staff to consider ventilating a cell in which an individual has smoked before they carry out a routine search of the cell SPS does not permit anyone who is working in or visiting a prison to smoke within its boundary. SPS does not require any members of its escorting staff to prisoners into any enclosed space where other people are smoking and prisoners are not permitted to smoke escorting staff are present. A multi-agency group is currently working on developing a joint action plan, detailing how indoor smoke-free prison facilities will be delivered.
In your penal establishments are there any premises specially dedicated to smokers?Prisoners are permitted to smoke in their own cells and during outdoor recreation.
NOMS are in the process of implementing smoke-free prison policy. Where prisons have not gone totally smoke free, prisoners are only allowed to smoke in their cells with the doors closed. In the open estate prisoners can only smoke in designated outside areas.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?Where prisons have not gone totally smoke free, non-smoking prisoners are not required to share cells with a smoker if they do not want to. All prisons now provide voluntary smoke free accommodation for those who are smoke free and wish to live in such an environment.
What measures are taken to avoid damages from passive smoke for non-smoking staff?Where prisons have not gone totally smoke free, current policy gives clear guidance to staff on how to ventilate a cell with smoke prior to opening the cell door. For staff with pre-existing health conditions exacerbated by second hand smoke Governors will make reasonable adjustments which might include working in voluntary smoke free areas.
In your penal establishments are there any premises specially dedicated to smokers?No premises are specifically designated for smokers, only cells in smoking prisons.
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Indoor prisoners are only allowed to smoke inside the cells and in some visit rooms.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?It is only allowed to smoke inside the cells and generally the doors have to be closed.
What measures are taken to avoid damages from passive smoke for non-smoking staff?The prisoners are not allowed to smoke anywhere else than inside the cells and i some visit rooms. Generally it is not allowed for the prisoners to smoke inside the cell if the staff i present.
In your penal establishments are there any premises specially dedicated to smokers?There are no premises specially dedicated to smokers, but it is allowed to smoke inside the cells and in some visit rooms.
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It's prohibited to smoke in the public spaces with the exception of celss and the walking court.
What measures are taken to avoid damages from passive smoke for non-smoking prisoners?As much as possible, the smoking detainees are separated in cells from the non-smoker detainees.
What measures are taken to avoid damages from passive smoke for non-smoking staff?No measure has been taken for prison staff in order to avoid the damages caused by passive smoking.
In your penal establishments are there any premises specially dedicated to smokers?While the walking court is not occupied, it can be used occasionally by the uniformed staff which want to smoke.