Commissioner's Directive

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Policy Bulletin 210

Policy Bulletin 330

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• Policy Objectives
• Authorities
• Cross-References
• Principles
• Institutional Head's Responsibility
• Procedures
• Exceptional Power of Search
• Body Cavity Search
• Use of X-Ray and Dry Cell
• Reporting Requirements
• Contraband Seizure Tags

 

• ANNEX A - Institutional Search Plan - Searching of Inmates
• ANNEX B - Cross-Reference - Manual on Religious and Spiritual Accommodation

POLICY OBJECTIVES

1. To establish and define the requirements and procedures for searching inmates in institutions and Community Correctional Centres.

2. To search inmates in order to prevent the possession of contraband and unauthorized items while having due regard for privacy and for the dignity of the individual being searched.

AUTHORITIES

3. Sections 40 to 53 of the Corrections and Conditional Release Act (CCRA)

Sections 43 to 50 of the Corrections and Conditional Release Regulations (CCRR)

CROSS-REFERENCES

4. Commissioner's Directive 084 - Inmates' Access to Legal Assistance and the Police

Commissioner's Directive 566 - Prevention of Security Incidents

Commissioner's Directive 568-5 - Management of Seized Items

Commissioner's Directive 577 - Operational Requirements for Cross-Gender Staffing in Women Offender Institutions

Commissioner's Directive 702 - Aboriginal Programming

CSC Manual on Religious and Spiritual Accommodation (see Annex B)

PRINCIPLES

5. Searches will be conducted in a manner consistent with the CCRA. In particular:

• searches of inmates will be conducted in a manner that respects gender, religious and cultural considerations;
• where there are reasonable grounds to believe there is an immediate risk, the safety of individuals and the security of the institution will take precedence over cultural considerations; and
• sacred, religious and cultural items will be treated with respect at all times.

INSTITUTIONAL HEAD'S RESPONSIBILITY

6. Each Institutional Head will establish an Institutional Search Plan. This plan will include but not be limited to, all the elements outlined in Annex A, the requirements of the CCRA and CCRR and all routine circumstances for searches specific to their institution. Community Correctional Centres are not required to have a section in their Search Plan concerning the routine searching of residents.

PROCEDURES

7. All routine searches of inmates will be included in the Institutional Search Plan.

8. All persons conducting searches of inmates will be trained according to the staff orientation and training program provided by the CSC.

9. Any required security examination of Aboriginal medicine bundles, religious and spiritual articles or other sacred objects will be accomplished by having the owner manipulate them for visual inspection by the examining officer. In the owner's absence, an Elder, an Elder's representative (who is not an inmate) or a religious representative will inspect or manipulate the contents for inspection.

10. If, before or during the course of a frisk search, a male inmate objects to being searched by a female staff member, where reasonably practicable, a male staff member will perform the search.

11. Notwithstanding subsection 49(4) of the CCRA, a male staff member will, under no circumstances, conduct or witness the strip search of a female inmate, but will contain the situation until such time that female staff members arrive to conduct and witness the strip search.

12. A strip search, whether routine or non-routine, will be conducted in a private area, out of sight of others, by a staff member of the same sex, and in the presence of a witness. This witness will also be of the same sex as the individual being searched. This ratio may be augmented in the case where an inmate is uncooperative at the time of the search.

EXCEPTIONAL POWER OF SEARCH

13. Where the Institutional Head is satisfied (e.g. intelligence information, past drug charge history) that there are reasonable grounds to believe that there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the penitentiary, and a frisk search or strip search of all the inmates in the penitentiary or any part thereof is necessary in order to seize the contraband and avert the danger, the Institutional Head may authorize such a search.

BODY CAVITY SEARCH

14. Where a staff member believes on reasonable grounds that an inmate is carrying contraband in a body cavity, the staff member may not seize or attempt to seize that contraband, but will inform the Institutional Head.

15. The Institutional Head shall consult with the Regional Deputy Commissioner or delegate prior to authorizing a body cavity search where the Institutional Head is satisfied that there are reasonable grounds to believe that an inmate is carrying contraband in a body cavity and that a body cavity search is necessary in order to find or seize the contraband. The Institutional Head may then authorize in writing a body cavity search to be conducted by a qualified medical practitioner, if the inmate's written consent is obtained.

16. The inmate shall be given reasonable opportunity to communicate with legal counsel, if desired, by telephone, before written consent to the body cavity search is sought.

17. The medical practitioner shall conduct the body cavity search under appropriate conditions, suited to a consensual non-emergency examination once consent has been obtained.

USE OF X-RAY AND DRY CELL

18. Where the Institutional Head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the Institutional Head may authorise in writing one or both of the following:

1. the use of an X-ray machine by a qualified X-ray technician to find the contraband, if the inmate has been given reasonable opportunity to communicate with legal counsel and written consent of the inmate and of a qualified medical practitioner is obtained;
2. the detention of the inmate in a cell without plumbing fixtures, with notice to the penitentiary's medical staff, on the expectation that the contraband will be expelled.

REPORTING REQUIREMENTS

19. Post-Search Reports (CSC/SCC 1365) will be completed in the following circumstances:

1. non-routine frisk or strip search of an inmate or a group of inmates;
2. body cavity search;
3. routine strip search in which the use of force was required;
4. use of a dry cell or X-ray machine;
5. emergency search (without prior authorization) of an inmate; or
6. an item is seized.

20. Every Institutional Head who authorizes an exceptional search of any inmates pursuant to section 53 of the CCRA will prepare and submit to the Regional Deputy Commissioner and the Director General, Security, as soon as practicable, a Post-Search Report (CSC/SCC 1365) respecting the search.

CONTRABAND SEIZURE TAGS

21. When contraband or unauthorized items are seized as a result of any search, the person conducting the search will complete a Contraband Seizure Tag (CSC/SCC 0482), attach it to each item and place the item in the secure evidence locker or turn it over to the custody of the seizure control officer.

22. When seizing articles of religious significance, the Aboriginal Elder/Spiritual Advisor, Chaplain or representative of a religious group will be consulted by the decision maker as to a proper treatment of the items which is respectful of the individual's beliefs. Disposition of these articles is subject to paragraph 26 of CD 568-5 - Management of Seized Items.

Commissioner,

Original signed by:
Don Head

Annex A
INSTITUTIONAL SEARCH PLAN - SEARCHING OF INMATES

SEARCH SUBJECT	SEARCH TYPE	LOCA-TION	FRE-QUENCY	Reason-able Grounds Suspicion and/or Belief	Prior Authoriza-tion	Consent Required	OFFICER RESPONSIBLE	Search Log / Reports (Date, etc.)
Inmates	NON- INTRUSIVE Routine			Not Required	No	No
Inmates	FRISK SEARCH Routine			Not Required	No	No
Inmates	STRIP SEARCH Routine			Not Required	No	No

*** If contraband or unauthorized items are seized, complete forms CSC/SCC 1365 (Post-Search Report) and CSC/SCC 0482 (Contraband Seizure Tag).

Annex B
CROSS-REFERENCE

MANUAL ON RELIGIOUS AND SPIRITUAL ACCOMMODATION

CELL EFFECTS PERMITTED AND SEARCHING	Section 2, Part 4
SEARCHES: Technology, Drug Dogs, Blood/Urine Samples, Searching People	Section 2, Part 20
Aboriginal Spirituality	Section 3
Cell Effects	Section 3, Part 3
Sacred Space	Section 3, Part 13
Searches (Medicine Bundle)	Section 3, Part 14
BUDDHISM	Section 3
Cell Effects	Section 3, Part 3
Searches	Section 3, Part 16
Sacred Space	Section 3
CHRISTIANITY	Section 3
Searches	Section 3, Part 15
ISLAM	Section 3
Cell Effects	Section 3, Part 3
Searches (Drug Dogs)	Section 3, Part 17
JUDAISM	Section 3
Cell Effects	Section 3, Part 3,
Searches	Section 3, Part 15
WICCA	Section 3
Cell Effects	Section 3, Part 3
Searches	Section 3, Part 16
RASTAFARIANISM	Section 3
Cell Effects	Section 3, Part 3