"The Commissioner’s authority over inmate smoking privileges dates back to before a general consensus existed regarding the health concerns associated with smoking and second-hand smoke. In 1952, the General Assembly afforded the Commissioner specific authority to restrict an inmate’s smoking privileges for discipline purposes. 1952 Ky. Acts ch. 139, § 15 ; KRS 196.245 (“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.”). The General Assembly enacted a new statute, KRS 61.165, when the adverse health effects of smoking and second-hand smoke became more well-known. As discussed, KRS 61.165 directs the appropriate person, and in the case of correctional institutions that person would be the Commissioner of the Department of Corrections, to adopt a smoking policy, the precise parameters of that policy are left to the Commissioner’s discretion. Again, the statute places no limit on the Commissioner’s authority to implement a tobacco-free policy applicable to all state-run penal institutions."