Published: July 28, 2008 10:09 pm      

Rubenstein ‘standing pat’ on new prison smoking ban

CHARLESTON — Howls of protest are erupting across West Virginia’s penal system from convicts and officers alike, but Corrections Commissioner Jim Rubenstein insisted Monday he’s not about to rescind a new smoking policy.

“I’m standing pat on our policy as far as it regards inmates,” Rubenstein told the Oversight Committee on Regional Jail and Correctional Facility.

A co-chairman, Delegate Dave Perry, D-Fayette, who has labeled the smoking ban as “impractical,” waved a handful of letters from inmates and officers who oppose the ban, imposed March 1.

Inmates are forbidden to smoke, but officers may indulge in specified areas.

Fights are breaking out among inmates at Mount Olive Correctional Complex, and nicotine withdrawal is making many of them ill, one officer told The Register-Herald in an e-mail last week.

“Fights have gone up since the smoking ban started,” the officer advised the newspaper in his e-mail, its content and use sent on the condition of anonymity. “Inmates are on edge and are having nicotine fits.”

One panelist, Sen. Jon Blair Hunter, D-Monongalia, applauded the ban and encouraged Rubenstein to leave it in force.

“I think you’re doing the right thing,” Hunter said.

But the officer, who also contacted all members of the committee, said at least one fight led to medical attention, Hunter said.

The smoking ban, imposed at all penal institutions in the state, has triggered much discussion by Perry’s committee.

Rumblings that are being reported by inmates and at least one officer about the ill effects the smoking ban purportedly is wielding on prisons have been reported to committee members.

Perry alluded to complaints by several inmates that the policy has triggered an avalanche of black market sales. Rubenstein said this is nothing new, since contraband also invents a seller’s market.

“Right now, tobacco is at the top of the list,” he said.

In his e-mail, the officer said cigarettes are going for $10 apiece.

Besides the inmates who are suffering ill side effects of withdrawal, the officer complained that the policy is having the opposite effect of its intended purpose of making inmates healthier and, thus, lowering medical costs.

“Inmates are putting on weight,” he told this newspaper. “In lieu of smoking, they are eating. They are served mostly processed foods in the kitchen and are sold processed foods in the store. Much more money can be saved if they were served a healthy diet. High blood pressure, high triglycerides, high cholesterol, heart trouble and diabetes are the problems at MOCC.

“There is no preventive medical care. The food they are served is making them sick. Could the inmates not raise a garden on some of the property, yard?”

While the policy doesn’t forbid employees from indulging, the officer said those working the night shift at times aren’t given breaks as are those assigned to the day shift.

“So, yeah, we are breaking rules and smoking in restrooms, storage rooms and the like,” he said.

The officer wondered if a county smoking ordinance could apply at a prison, noting it is not considered a routine public building where anyone can walk in.

“The only people allowed are ones allowed by the warden, that is, employees, contractors, inmates’ visitors,” he said.

“It is not open to the public. The public cannot just stop in.”

The officer suggested that a housing unit or two could be designated as nonsmoking, presumably allowing smokers to continue to indulge.

Moreover, the officer said the anti-smoking regulation will apply to staff members in October, and that will prompt an exodus.

“We are already understaffed, so why run more off?” he asked.

“It is a stressful place for them and us, and yes, smoking is calming, and some of you know this first hand.”

— E-mail:

mannix@register-herald.com