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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: The Irish Prison Service is exploring different options in relation to smoking in prisons for inmates with a view to making prisons smoke free environments. To that regard, EuroPris members are kindly requested to answer the questions below.
No. Only in specific places (cells). Legislation.
If prohibited by law, what are the penalties for breaches?Generally fines. In prison, Penitentiary sanctions.
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?The can follow specific trainning to end with smoking.
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?It was more than ten years ago. It is difficult to estimate but probably more than the half of prisions population.
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?Not significant.
Has the ban been successful in delivering smoking-free prisons?Yes
At present prisons in Northern Ireland are not smoke free however, there are currently steps being taken to make them so in the near future. At present prisoners are permitted to smoke in their own cells and designated outdoor areas such as exercise yards.
If prohibited by law, what are the penalties for breaches?Not applicable
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?Not applicable
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?Not applicable
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?Not applicable
Has the ban been successful in delivering smoking-free prisons?Not applicable
In prisons and penitentiaries in the Republic of Croatia there are separate cells for the accommodation of smokers and non-smokers in closed conditions of imprisonment. In addition, there are special cells for smokers in closed-type prisons, such as lounges and other common areas for smokers. In open and semi-open prison conditions, prisoners are not allowed to smoke in the cells they are acomodated in, but there are special rooms intended for smokers (lounges and other common areas for smokers). According to the Law on the Limitation of Use of Tobacco Goods, in Croatia smoking is forbidden in all closed public places. Areas/rooms for smokers are not allowed in in places which provide health and education services. Exceptionally, smoking is allowed: - in special areas/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. These areas/ rooms must be marked with "allowed to smoke" sign.
If prohibited by law, what are the penalties for breaches?The Law on Restriction of the Use of Tobacco Products (OG 045/2017) prohibits the sale of tobacco productsto minonors. It also prohibits sale of other products for smoking that may encourage minors to smoke. Therefore, the consumption of such products in the prison system is not allowed for minors. However, in relation to prisoners, if during their sentence they violate the provisions of the House Rules and consume tobacco products in rooms or areas of the penitentiary or prison where this is not permitted, appropriate disciplinary proceedings will be initiated against the offender.
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?Prisoners are allowed to smoke, of course, in therefor dedicated rooms and areas. However, the import and use of other products, such as e-cigarettes, etc., in prisons and penitentiaries is not allowed, since certain parts or fillers can easily present additional unnecessary security risks and make it difficult to carry out the prescribed security procedures in the penal authority.
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?It is estimated that more than 50% of prisoners consume tobacco products.
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?In the prison system of the Republic of Croatia, we do not have a penitentiary or a prison with a complete ban on smoking, not including the Correctional Institution (minors), so we have not recorded any negative effects on the security situation.
Has the ban been successful in delivering smoking-free prisons?In the prison system of the Republic of Croatia we do not have a penitentiary or a prison with a complete ban on smoking.
No Statutory changes to the Prison and Young Offenders Institutions (Scotland) Rules 2011 came into effect on 30 November 2018, making all tobacco products prohibited articles and tobacco paraphernalia (lighters, filters and cigarette papers) unauthorised articles. The new Rule 36 makes similar provision for Nicotine Vapour Products (NVPs, meaning RVDs or single use e-cigarettes) as the previous rule for smoking. These changes:- • Prohibit smoking in all Scottish prisons; • Make tobacco a prohibited article; • Make the possession of tobacco and the act of smoking a disciplinary offence; • Make the introduction of tobacco into and the removal of tobacco from, a prison a criminal offence under Section 41 of the Prisons (Scotland) Act 1989 on 30 November 2018; and • State that NVPs may only be used by prisoners in a single cell, in a multi-occupancy cell which has not been designated as a cell in which NVPs are not to be used or in the open air. The Governor may order that NVPs are not to be used in a cell for a period of 30 minutes prior to a cell check being carried out by prison officers. NVPs
If prohibited by law, what are the penalties for breaches?The amendments to the Prison Rules to prohibit the use and possession of tobacco products in all prisons in Scotland enable the unlawful possession of tobacco by prisoners to be dealt with under Part 11 of the Rules (Discipline). Processes are in place under the Prison Rules and establishment processes to address tobacco possession.
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?SPS and partners recognise that stopping smoking can be challenging in any context but especially so while in custody, which for many can be a stressful and isolating experience. For many people, smoking tobacco is not only a nicotine addiction but also represents a way of coping with stress, loneliness and boredom. However, there is consistent evidence that stopping smoking is associated with improvements in depression, anxiety, stress, psychological quality of life, and positive affect compared with continuing to smoke. Support for those in our care to cope with smoke free prisons is primarily from the following sources:- • Arrangements for admissions and NHS Support; • E-Cigarettes and re-chargeable vaping devices (RVDs); • Purposeful Activity and Diversionary Activity; • Staff Training; • Personal Officers; • Co-production, peer support and peer champions; • Talk to Me Strategy; • Engaging families and visitors; and • Engaging external stakeholders. First-generation single use e-cigarettes were made available for those is our care to purchase via the Prisoner Canteen System on 5 February 2018. Guidance for staff and those in our care was introduced to manage the access and usage of e-cigarettes. Based on feedback from those in our care, further learning from Her Majesty’s Prison and Probation Services (HMPPS) and internal stakeholder perspectives, re-chargeable vaping devices (RVDs) were subsequently introduced in September 2018. Guidance for staff and those in our care was issued. The guidance introduces changes to PR2 and Cell Sharing Arrangements. Vaping is now a consideration for cell sharing and appears on the Cell Sharing Risk Assessment (CSRA) report. The previous process for recording smoking preference is now the process for recording vaping preference. People admitted into our care are asked whether they currently use or intend to use RVDs/e-cigarettes whilst in our care. The results are entered into PR2. Prisons are required to capture vaping preference data for those already in our care prior to the introduction of the vaping field. Those who do not use RVDs/e-cigarettes will not be required to share a cell with someone who does, unless it is unavoidable for operational reasons. The guidance for staff set out introductory arrangements to support those in our care who wished to transition from smoking to vaping. These arrangements ensure that all smokers and vapers in our care after 30 November 2018 and all smokers and vapers admitted to our care after this date, have the opportunity to access an RVD during the period of the introductory arrangement.
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?68%
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?No
Has the ban been successful in delivering smoking-free prisons?Yes. An independent academic evaluation study by the Universities of Glasgow and Stirling has assessed the smoke free initiative as being successful on a number of levels.
Yes, smoking in prisons is possible in reserved spaces determined by the Prison Governor (smoker cells and in marked directly ventilated premises). Smoking is prohibited outside of reserved spaces, in common premises of prison, such as corridors, staircases, sanitary facilities and similar, in walking yards and in the premises where imprisoned juveniles are placed. Conditions of protection from adverse influence of smoking in prisons follows up on the generally binding regulations implemented in the whole society (Act no. 377/2004 Coll. on the Protection of Non-smokers, as amended).
If prohibited by law, what are the penalties for breaches?Smoking outside of reserved spaces means a disciplinary trespass for inmates for which they may be subject to a disciplinary punishment (as well as in case of other disciplinary trespasses). Smoking outside of the reserved spaces by other persons is a trespass for which a fine may be imposed up to 331 EUR (visitors or other entering persons) or a breaching the work obligations (in case of civil employee of the prison service – repeated breaching of this prohibition may result to the end of employment relationship as measure of the last resort).
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?The reserved spaces designed for smoking are currently established in all prison facilities (except of the facilities determined for accommodation of juvenile offenders).
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?-
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?-
Has the ban been successful in delivering smoking-free prisons?-
Smoking is prohibited in juvenile prison and central prison hospital. The smoking prohibition in the above-mentioned establishments is set forth in the Law on Control of Tobacco, Tobacco Products and Related Products. Smoking is prohibited to inmates who are placed in locked cells due disciplinary violations. The prohibition is established in Internal Rules of Correction Houses and Remand Prisons approved by the Minister of Justice. Pre-trial detainees placed in locked cells are allowed to smoke. Smoking is prohibited in unlocked accommodation premises. The prohibition is set forth in the Law on Control of Tobacco, Tobacco Products and Related Products. Prison sectors with unlocked accommodation premises are equipped with special places for smoking.
If prohibited by law, what are the penalties for breaches?Disciplinary sanctions for breaches are established in the Code of Criminal Sanctions Enforcement: a reprimand; cleaning up of the premises and area of the correctional establishment out of turn; prohibition to do shopping at the prison shop for up to one month (except for hygiene goods and stationery).
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?No
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?n/a
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?Short-term dissatisfaction of inmates (complaints, food refusal)
Has the ban been successful in delivering smoking-free prisons?Yes
Smoking is allowed in our prison facilities but not at all places. By the Restriction of the Use of Tobacco Products Act permits smoking, namely in Art 16 where it states: “smoking is permitted: in prisons in premises not intended for common use, when only smokers are staying in there”.
If prohibited by law, what are the penalties for breaches?Smoking is not prohibited by law so there are no penalties.
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?We do not assist prisoners with any vaping, nicotine patches etc.
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?We do not have exact data how many of our inmates are smokers but it is quite a big percentage of them by estimation.
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?As mentioned we do not prohibit smoking in prison in total. It is allowed in special commune places. If there is no common place, it is allowed also to smoke in rooms where all prisoners are smokers or non-smokers agree with smoking in the room.
Has the ban been successful in delivering smoking-free prisons?Our prisons are not completely smoking-free prisons.
As per April 1st 2017, indoor smoking has been prohibited in Danish prisons. However, inmates are allowed to smoke outside in the yard facilities. Due to sparse personnel resources, several prisons and detention houses with many inmates and detainees have introduced a practice where inmates can smoke outside in smaller groups once a day for one hour. The inmates cannot bring cigarettes and lighters to their cell. Instead, remedies for smoking are kept in lockers that are only opened in connection with the daily one-hour smoking recess. Each inmate has his or her own locker in order to prevent conflicts arising from missing cigarettes etc. The prohibition arose as a response to the recurrent staff survey concerning working environment in the Danish prisons and detention houses. Prison authorities have thus voluntarily ended the practice as a health and safety measurement in order to comply with the staffs’ wishes. The practice has significantly improved the indoor climate, as was the intent.
If prohibited by law, what are the penalties for breaches?Violations of the smoking prohibition are met by disciplinary punishments. First time violations are punished by fine – repeatedly, if violated continuously. In approximately 77% of the cases of breaches, the case is settled by fine. In cases of serious or repeated violations (e.g. where vandalism has been committed or where fines have proven inefficient), penalty cells are used. In approximately 23% of the cases of breaches, the case is settled by penalty cell. Punishment by penalty cell entails that a member of the prison staff writes a report and interrogates the inmate. Subsequently, decisions regarding duration and terms of the stay are made, after which the sanction is announced. The number of violations has been stagnating and eventually declining since the introduction of the ban.
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?In order to comply with non-smoking, the prisoners are offered smoking cessation courses. In the prisons’ grocery stores, the inmates can buy nicotine patches.
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?We do not know for sure what percentage of prisoners were smokers at the time of the introduction of the ban, but the share of smokers in prisons are relatively high in comparison with society as a whole. One of the largest Danish prison has estimated that approximately 90% of its inmates are smokers.
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?Apart from minor disturbances and cases of vandalism, the implementation of the ban has been relatively peaceful. There has not been any cases of violent acts in relation to the prohibition.
Has the ban been successful in delivering smoking-free prisons?Overall, the ban has been successful in delivering smoking-free prisons. However, violations of the ban still occur, albeit to a lesser extent.
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Prisons are the exception to the generalised ban on smoking in public administration buildings and public or recreational areas. Inmates are allowed to smoke in the outdoor courts or in a room specially set up for smoking which must have and independent ventilation system. However, in light of the significant prevalence of smoking among prison population, the Department of Health is drafting a scheme to encourage smoking cessation among inmates.
If prohibited by law, what are the penalties for breaches?Not applicable
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?The adherence to the individualised follow up clinical programme is voluntary. However, a key part of the above mentioned scheme is the campaign launched to raise awareness among inmates about the benefits of quitting and the opportunity to start the individualised programme at the health care unit of every prison. Also workshops and talks about the topic will be organised. The methods used to assist the inmates willing to give up smoking, are similar those offered by the health care system to the community.
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?By May 2019 75% of the prison population smoked whereas in the community only 25%
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?Not applicable
Has the ban been successful in delivering smoking-free prisons?Not applicable
Smoking is no longer allowed in all closed prisons within England and Wales. In open prisons; prisoners can smoke in designated external 1. areas only. There is no smoking allowed in any building within HMPPS. To improve the air quality within prisons and reduce the risk of harm to health due to the effects of second hand smoke; HMPPS moved to smoke free status following air quality analysis.
If prohibited by law, what are the penalties for breaches?Under the Prison Act 1952 it is a criminal offence to bring about the movement of certain items, without authorisation, into or out of a custodial establishment. These items are set out on three lists – List A, List B and List C, each of which has a maximum penalty attached to it for a person convicted of this fence. Tobacco, matches, Lighters and e-cigarettes (including vaping devices) are included in list C. List C items may attract a fine of up to £1000.
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?Prisoners were offered the option of undertaking a smoking cessation programme where nicotine replacement products including patches and lozengers were provided. If an individual did not want to quit smoking; they could purchase e cigarettes (vaping devices).
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?Over 80% of the prison population smoked.
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?Smoke free process was rolled out as a phased approach with prisoners communicated with throughout to prepare them to being smoke free. Although there were some small isolated individual negative behaviour across the estate by individuals who believed that their negative behaviour would change the ruling; this was minimised. Additional support was offered and provided to individuals identified as struggling to come to terms with smoke free process in order to reduce the risk of harm and violence. Tobacco has always been part of the illicit economy within the prisons; and smoke free saw an increase of tobacco trafficking and bullying during the early stages of the roll out.
Has the ban been successful in delivering smoking-free prisons?There are still some individuals who continue to try and smoke in prisons via illicit tobacco but the overall air quality has improved within the closed prisons.
See the annexed document.
If prohibited by law, what are the penalties for breaches?See the annexed document.
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?See the annexed document.
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?See the annexed document.
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)?See the annexed document.
Has the ban been successful in delivering smoking-free prisons?See the annexed document.
Attachments:
Das Rauchen ist den Insassen der Gefängnisse von Mecklenburg-Vorpommern grundsätzlich erlaubt. Das Rauchen ist in den Hafträumen gestattet. Für das Personal gilt Rauchverbot in den Gebäuden.
If prohibited by law, what are the penalties for breaches?./.
In order to comply with non-smoking, were prisoners offered any assistance (vaping, nicotine patches etc), and if so in what form?./.
At the time of the introduction of the ban, approximately what percentage of prisoners were smokers?./.
Did the ban have any negative impact on security/good order in the prisons (acts of violence, higher levels of tension etc)? Has the ban been successful in delivering smoking-free prisons?./.