HOUSE OF REPRESENTATIVES	H.R. NO.	88
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

HOUSE RESOLUTION

URGING THE DEPARTMENT OF PUBLIC SAFETY AND DEPARTMENT OF HUMAN SERVICES TO DEVELOP A PLAN FOR A COMPLETE BAN ON SMOKING IN ALL STATE CORRECTIONAL FACILITIES BY 2011.

     WHEREAS, research demonstrates heightened health dangers to those exposed to secondhand smoke such as heart disease, stroke, respiratory disease, lung cancer, and other diseases; and

     WHEREAS, in 2004, the Centers for Disease Control and Prevention issued an advisory to persons with heart disease to avoid indoor settings where smoking is allowed, which warranted increased protections in the workplace and for the public in general; and

     WHEREAS, although Hawaii passed a statewide anti-smoking statute 19 years ago, the Legislature passed a comprehensive new law, Act 295, Session Laws of Hawaii 2006 (Act 295), banning smoking in places open to the public and places of employment to ensure a consistent level of basic protections statewide from exposure to secondhand smoke; and

     WHEREAS, however, Act 295 provided an exemption for state correctional facilities; and

     WHEREAS, smoking in prison is delivering toxic chemicals to a literally captive audience; and

     WHEREAS, inmates who choose not to smoke are unable to remove themselves from areas where smokers are present, and guards cannot abandon their posts to avoid secondhand smoke; and

     WHEREAS, since 1994, the State of Texas has prohibited smoking in prisons and 38 state correctional departments have reported that they have a smoking prohibition policy in place; and

     WHEREAS, the Federal Bureau of Prisons initiated a smoking ban in July 2004 affecting over 105 facilities with approximately 180,000 inmates; and

     WHEREAS, inmates incarcerated in Hawaii's jails and prisons and the employees who guard them also deserve protection from the lethal effects of secondhand smoke; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that the Department of Public Safety (PSD) and Department of Human Services (DHS) are urged to develop a plan to implement a complete ban on smoking in all state correctional facilities by 2011; and

     BE IT FURTHER RESOLVED that PSD and DHS are requested to submit a report to the Legislature at least 30 days prior to the convening of the Regular Session of 2009 outlining the plan to implement the smoking ban by 2011; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Director of Public Safety, Director of Human Services, and Director of Health.

Report Title: 

Smoking; State Correctional Facilities