Prisoners could erupt over smoking ban

NEW YORK City prison governors fear inmates will erupt when one of their few privileges is taken away — smoking.

Corrections Commissioner Martin Horn announced yesterday that Mayor Bloomberg's smoking ban will be put into effect in city jails, from April 1.

Fearing prisoner unrest, Horn said the upcoming ban is one of the reasons his agency needs a new $120 million punitive unit. Horn testified at a City Council hearing that tight living space could cause inmates to be edgy and misbehave.

The move to have smoke-free jails surprised Yvette Clarke, of the Fire and Criminal Justice Services Committee.

"Just as an aside, are you going to be offering (smoking) cessation programmes?" she asked.

"We are hoping to," responded Horn. "It is certainly our intention to do so."

The smoking ban didn't sit well with the corrections officers union, which is considering a lawsuit to block it from being enacted.

Norman Seabrook, president of the Corrections Officers Benevolent Association, said he didn't believe the new law which will soon ban smoking in virtually all indoor public space applies to jails.

"I do not believe a city jail is a place where the public has access. There are restrictions to people going in and out of jails," he said.

Seabrook said he's concerned that officers who bring cigarettes and matches to work could be charged with carrying contraband. He said he supported the rights of officers who wanted a smoke-free environment as well as the rights of officers who smoke.

Seabrook said he called state Attorney General Eliot Spitzer to get clarification on whether jails are considered public buildings under the law.

"I want to make sure what we're doing is the right thing on both sides," he said

Currently, inmates can smoke in designated areas and correction officers may smoke in their offices.

Horn took the helm of the scandal-plagued Corrections Department 28 days ago, while continuing his role as probation commissioner. Bloomberg plans to merge both departments.