Kentucky Revised Statutes

Ky. Rev. Stat. § 196.245 (2026)

Commissioner may permit or prohibit smoking by inmates

✓ current as of May 2026

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The commissioner may permit or prohibit the practice of smoking by the inmates of the penal institutions, regardless of the age of the inmates, when he believes the regulation will enhance or improve the discipline of the inmates of these institutions. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 38, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 17, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 145, effective July 15, 1980. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 7. -- Created 1952 Ky. Acts ch. 139, sec. 1.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2004–2025 · leading case: Lexington Fayette Cnty. Food & Beverage Ass'n v. Lexington-Fayette Urban Cnty. Gov't, 131 S.W.3d 745 (Ky. 2004).

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Lexington Fayette Cnty. Food & Beverage Ass'n v. Lexington-Fayette Urban Cnty. Gov't, 131 S.W.3d 745 (Ky. 2004). · cites it 2× “050, which provides for fines for anyone smoking on school premises except in designated smoking areas; and (5) KRS 196.245, which authorizes the Commissioner of the Department of Corrections to prohibit or permit smoking by inmates.”

Bullitt Fiscal Court v. Bullitt Cnty. Bd. of Health, 434 S.W.3d 29 (Ky. 2014). · cites it 2× “We note that the Kentucky General Assembly has regulated smoking in state-owned and managed facilities, thus acknowledging that smoking is a matter of public health.”

Lexington-Fayette Urban Cnty. Gov't v. Fraternal Order of Police, Bluegrass Lodge 4 (Ky. 2025). “463, which authorizes the Finance and Administration Cabinet to adopt administrative regulations controlling state-owned and leased buildings and 200 KAR 6:045, which permits the designation of smoking and nonsmoking areas in public facilities; (4) KRS 438.”

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