1. (a) The terms below are defined for the purposes of this section:

   1. (1) Advertise means the display or posting of any poster, sign, or other written or visual material that serves to communicate commercial information or images to the public.
   2. (2) Tobacco product means any product that contains tobacco, the prepared leaves of any plant belonging to the nicotiana family, which shall include, but not be limited to, cigarettes, loose tobacco, cigars, snuff, chewing tobacco, or any other preparation of tobacco, tobacco substitutes, smoking paraphernalia, and all other items developed or processed for the primary purpose of facilitating the use or possession of tobacco or tobacco related products as well as packaging material. Packaging material includes, but is not limited to, snuff or cigarette containers.
2. (b) No tobacco product shall be advertised in any department- owned or -occupied facility with the exception of advertisements contained in a program, leaflet, newspaper, magazine, or other written material lawfully sold, bought, or distributed within a facility.

3. (c) Staff shall not use or possess tobacco products in the presence of incarcerated persons. No person shall possess or use tobacco products on the grounds of any institution/facility that houses or detains incarcerated persons, under the jurisdiction of the Department, except for the following:

   1. (1) The use of tobacco products may be departmentally approved in incarcerated person religious ceremonies.
   2. (2) Tobacco products for personal use off facility grounds are permitted when secured in a locked private vehicle.
   3. (3) Tobacco products for personal use are permitted in residential spaces of staff where incarcerated persons are not present. Use of tobacco products in residential space at correctional training academies, and in Staff Quarters at conservation camps, will be permitted only in designated areas with designated times to be determined by local operational procedures.
   4. (4) Tobacco cessation products such as a patch, inhaler, or lozenges are permitted for use by staff, and must be for immediate personal use only.
4. (d) On July 1, 2005 and thereafter, smoking, possession, or use of tobacco products by incarcerated persons under the jurisdiction of the Department, or any other persons where incarcerated persons are housed or detained, except as provided in (c), is prohibited and tobacco products will be considered contraband in accordance with section 3006.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; and Section 19994.35, Government Code.

History

1. New section filed 8-18-94 as an emergency; operative 8-18-94 (Register 94, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-16-94 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 8-18-94 order, including amendment of subsections (b) and (d), and amendment of Note transmitted to OAL 12-16-94 and filed 1-26-95 (Register 95, No. 4).

3. Editorial correction of Reference cite (Register 95, No. 32).

4. Amendment of section and Note filed 1-14-97 as an emergency pursuant to Penal Code section 5058(e); operative 1-14-97 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-23-97 pursuant to Penal Code section 5058(e) or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 1-14-97 order transmitted to OAL 4-22-97 and filed 5-27-97 (Register 97, No. 22).

6. Amendment of subsection (a)(3) filed 12-1-98 as an emergency; operative 12-1-98 (Register 98, No. 49). Pursuant to Penal Code 5058(e), a Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 12-1-98 order transmitted to OAL 5-7-99 and filed 6-4-99 (Register 99, No. 23).

8. Renumbering of former section 3188 to new section 3187 and renumbering of former section 3189 to section 3188, 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.

9. Certificate of Compliance as to 7-7-2005 order transmitted to OAL 12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).

10. Change without regulatory effect amending subsection (c)(3) filed 4-11-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 15).

11. Change without regulatory effect amending subsections (c)-(c)(1), (c)(3) and (d) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).