Deputy Marshals Seek to Ban Smoking in Holding Cells

The war between smokers and nonsmokers has moved behind bars with a proposal by Orange County deputy marshals to ban smoking by prisoners in courthouse holding cells.

Expressing concern about having to work in a “visible cloud” of inmate-generated smoke, the deputy marshals want the puffing prohibited even if it means extra stress for nervous prisoners awaiting their court appearances.

Already, county officials say, at least seven deputy marshals who say they have had respiratory trouble because of the smoke have applied for worker’s compensation benefits.

If enacted, the proposal by the marshal’s office to ban smoking in the courthouse holding cells would make Orange County the first in the state to restrict smoking by prisoners. Marshal James C. Byham also suggested banning smoking in County Jail, but Sheriff Brad Gates rejected the idea.

“Even though I’m a smoker, I certainly find (the complaints) understandable,” Byham said. “We’ve got a lot of guys who care about their physical condition and take good care of themselves.”

Byham and union leaders said, however, they are concerned that a ban on smoking could create a security problem.

“The prisoners, who are used to smoking and are nervous anyway, are going to be that much more stressed,” Byham said. “I don’t know what the right answer is.”

There are five main holding cells in the central county courthouse in Santa Ana that are the focus of the smoking problem. The barred cells usually house between 150 and 200 prisoners per day, with deputy marshals in a nearby “cage.”

None of the holding areas have open windows or doors.

“When there are a majority of prisoners smoking you have a visible cloud,” said Howard Horrell, former president of the Assn. of Orange County Deputy Marshals. “If (a deputy marshal) has an eight-hour shift, he or she could be subject to that smoke all day.”

Horrell said absenteeism and sick time were higher for the deputy marshals who work in the holding tanks than for any other area of the courthouse. Mark Reed, attorney for the deputy marshals union, said about 40 deputies work in the holding areas.

Maria Bastanchury of the county’s risk management office said the deputy marshals’ claims still are being reviewed by county investigators. Byham said he believes that the seven deputy marshals still are on duty.

Smoking in the courthouse cells also is being studied by a special county committee.

The committee was established to enforce an existing policy that restricts smoking in county buildings. When the policy was adopted in 1985, the courthouse holding tanks and the jail were exempt because of the potential security problem.

But the committee is considering whether to remove the exemption for the holding cells. Its decision would have to be approved by the Board of Supervisors.

Early results of tests in the holding tanks this week show the air quality does not violate the standards set by the Occupational Safety and Health Administration.

Still, in some areas, the carbon dioxide level was more than triple that of a normal room, said Steven K. Wong, who conducted the tests. He said the air was not unhealthful and was probably not properly ventilated.

The Sacramento County Sheriff’s Department also is considering a ban on smoking in a new 1,200-bed jail that it expects to open in February.

Sacramento Sheriff’s Sgt. Neil Watson said no other California counties restrict prisoner smoking in jails or courthouses, but some police departments do.

In Utah, where two jail systems did ban smoking, Watson said, jailers had trouble at first. But they overcame them, in part by providing counselors and stop-smoking programs for the inmates.

Byham said banning smoking in Orange County’s holding cells would pose a logistical problem because the cigarettes would have to be returned when the prisoners return to the jail. And Horrell said the deputy marshals are concerned about safety.

“We never know how (inmates) going to react when there are more restrictions,” he said.