Commissioner's Directive

Policy Bulletin 261

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ANNEX A - Institutional Search Plan - Searching of Staff and Visitors

ANNEX B - Cross-Reference - Manual on Religious and Spiritual Accommodation

POLICY OBJECTIVES

1. The Correctional Service of Canada, in achieving its Mission, will not tolerate drug or alcohol use or the trafficking of drugs or any contraband in federal institutions. A safe, contraband-free institutional environment is a fundamental condition for the success of the reintegration of inmates into society as law-abiding citizens.

2. To establish and define the requirements and procedures for searching staff and visitors to prevent entry of contraband into the institution.

AUTHORITY

3. Commissioner's Directive 566 - Prevention of Security Incidents.

CROSS-REFERENCES

4. CSC Manual on Religious and Spiritual Accommodation (see Annex B);
Monthly CCO Report - Searching and Drug Interdiction (CSC/SCC 1300-02);
Commissioner's Directive 259 - Exposure to Second-Hand Smoke;
Commissioner's Directive 568-1 - Recording and Reporting of Security Incidents;
Commissioner's Directive 702 - Aboriginal Programming;
Commissioner's Directive 770 - Visiting.

DEFINITIONS

5. Suspicion: suspicion is based on an indication or information that an individual possibly possesses contraband or evidence of an offence.

6. Belief: belief is based on an indication or information that an individual is probably (likely) in possession of contraband or evidence of an offence. The difference between suspicion and belief relates to the degree of probability.

7. Reasonable grounds: reasonable grounds are required to support a suspicion or belief. In order to be reasonable, the grounds must be:

1. objective (i.e. what other staff members with similar training and experience consider reasonable);
2. clear (i.e. based on verifiable facts or factors rather than just a subjective feeling, hunch or intuition); and
3. related to and supporting a conclusion of suspicion or belief.

PRINCIPLES

8. Searches will be conducted in a manner consistent with the CCRA.

In particular:

• " searches 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.

RESPONSIBILITIES

9. 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.

10. Community Correctional Centres are not required to have a section in their Search Plan concerning the routine searching of staff and visitors.

PROCEDURES

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

12. All routine searches of staff and visitors will be included in the Institutional Search Plan. Such searches could include an X-ray and/or visual examination of baggage, and metal detection of all persons entering the institution. Aboriginal medicine bundles and sacred items will only be visually inspected.

13. Any required security examination of Aboriginal medicine bundles, religious and spiritual articles or other sacred objects will be accomplished by:

1. having the owner manipulate them for visual inspection by the examining officer;
2. 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.

SEARCHES OF VISITORS

Routine Non-Intrusive and Frisk Searches

14. A staff member may conduct a routine non-intrusive search or a routine frisk search of a visitor, without individualized suspicion, where the visitor is entering or leaving the institution.

15. In all facilities except minimum security and Community Correctional Centres, there will be a routine non-intrusive search of all visitors upon entering the institution.

16. Institutional Heads of minimum-security facilities will ensure that a non-intrusive search of all visitors and their possessions is conducted on at least a periodic basis. The frequency of these searches must be outlined in the Search Plan.

Non-Routine Frisk Search

17. A staff member may conduct a non-routine frisk search of a visitor where the staff member suspects on reasonable grounds that the visitor is carrying contraband or other evidence relating to an offence.

Strip Search: Suspects on reasonable grounds that a visitor is carrying contraband

18. When a staff member suspects on reasonable grounds that a visitor possesses contraband or other evidence relating to an offence, a threat-risk assessment (TRA) will be conducted using CSC/SCC form 1300-01.

19. Following the threat-risk assessment, one or more of the following measures may be taken:

1. authorize an unrestricted visit;
2. conduct a non-routine frisk search of the visitor;
3. prohibit a contact visit with an inmate and authorize a non-contact visit only;
4. request for a strip search with the visitor's consent; and
5. require the visitor to leave the institution forthwith.

20. If a visitor refuses to undergo a search, the Institutional Head or a staff member designated by the Institutional Head may:

1. prohibit a contact visit with an inmate and authorize a non-contact visit; or
2. require the visitor to leave the institution forthwith.

Strip Search: Reasonable grounds to believe that a visitor is carrying contraband

21. Following the gathering of related information through a threat-risk assessment, positive results from the use of additional non-intrusive search devices may increase a suspicion to a belief.

22. When a staff member believes on reasonable grounds that a visitor is carrying contraband or other evidence relating to an offence and that a strip search is necessary to find the contraband or evidence, the staff member may:

1. detain the visitor in order to obtain written authorization from the Institutional Head to conduct the strip search; or
2. detain the visitor to obtain the services of the police.

23. A visitor who is detained will be informed promptly of the reasons for the detention and before being searched, will be advised of the right to retain and instruct counsel and be given the opportunity to do so.

24. The strip search 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.

SEARCHES OF CHILDREN

25. No child will ever be subjected to a strip search by CSC staff members.

26. If a staff member suspects on reasonable grounds that a child visitor is carrying contraband, a threat-risk assessment will be conducted using CSC/SCC form 1300-01. If the suspicion cannot be resolved, the child visitor will be permitted to leave the penitentiary and the relevant provincial child protection authorities will be informed where required by applicable provincial law.

27. If a staff member believes on reasonable grounds that a child visitor is carrying contraband, and the staff member satisfies the Institutional Head that there are reasonable grounds to believe, the Institutional Head will usually deny the visit and detain the child in order to obtain the services of the police or the relevant provincial child protection authorities, depending on the circumstances.

28. A child visitor and accompanying adult who are detained will be informed promptly of the reasons for the detention, will be advised of their right to retain and instruct counsel and be given the opportunity to do so immediately.

SEARCHES OF STAFF MEMBERS

29. A staff member may conduct a routine non-intrusive search or a routine frisk search of another staff member, without individualized suspicion, where that other staff member is entering or leaving the institution.

30. In all facilities except minimum security and Community Correctional Centres, there will be a routine non-intrusive search of all staff members upon entering the institution.

31. Institutional Heads of minimum-security facilities will ensure that these routine non-intrusive searches of staff and their possessions are conducted on at least a periodic basis. The frequency of these searches must be outlined in the Search Plan.

32. Where a staff member believes on reasonable grounds that another staff member is carrying contraband or evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence, the staff member may detain the other staff member in order to obtain the authorization of the Institutional Head or the services of the police.

33. A staff member who is detained will be informed promptly of the reasons for the detention and before being searched, will be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.

34. Non-routine searches of staff will be conducted and witnessed by a staff member (same sex) of a rank higher than that of the staff member being searched. Only one witness (same sex) will be present.

REPORTING REQUIREMENTS

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

1. non-routine frisk or strip search of staff and visitors;
2. an item is seized.

CONTRABAND SEIZURE TAGS

36. 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 482), 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.

Commissioner,

Original signed by:
Don Head

 

ANNEX A
INSTITUTIONAL SEARCH PLAN - SEARCHING OF STAFF AND VISITORS

Search subject	Search type	Location	Frequency	Reasonable Grounds Suspicion and/or Belief	Prior Authorization	Consent Required	Officer responsible	Legal Requirements
Staff	Non- intrusive and frisk searches Routine	Entering or leaving the institution		Not Required	Not Required	Not Applicable		A staff member may conduct a routine non-intrusive search or a routine frisk search of another staff member, without individualized suspicion, where that other staff member is entering or leaving the penitentiary.
Visitors	Non- intrusive and frisk searches Routine	Entering or leaving the institution		Not Required	Not Required	Yes		A staff member may conduct routine non-intrusive or routine frisk searches of visitors without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.If the visitor refuses to undergo a search, the Institutional Head or designated staff member may: a) prohibit a contact visit with an inmate and authorize a non-contact visit, or b) require the visitor to leave.

*** If a seizure is made, complete forms CSC/SCC 1365 (Post-Search Report) and CSC/SCC 482 (Contraband Seizure Tag).

ANNEX B
CROSS-REFERENCE - MANUAL ON RELIGIOUS AND SPIRITUAL ACCOMMODATION

CELL EFFECTS PERMITTED AND SEARCHING	Section 2, Page 32, Part 4
SEARCHES: Technology, Drug Dogs, Blood / Urine Samples, Searching People	Section 2, Page 48, Part 20
Aboriginal Spirituality	Section 3, Page 58
Cell Effects	Section 3, Page 58, Part 3
Sacred Space	Section 3, Page 63, Part 13
Searches (Medicine Bundle)	Section 3, Page 63, Part 14
BUDDHISM	Section 3, Page 65
Cell Effects	Section 3, Page 70, Part 3
Searches	Section 3, Page 77, Part 16
Sacred Space	Section 3, Page 78
CHRISTIANITY	Section 3, Page 80
Searches	Section 3, Page 96, Part 15
ISLAM	Section 3, Page 103
Cell Effects	Section 3, Page 109, Part 3
Searches (Drug Dogs)	Section 3, Page 123, Part 17
JUDAISM	Section 3, Page 130
Cell Effects	Section 3, Page 131, Part 3,
Searches	Section 3, Page 139, Part 15
WICCA	Section 3, Page 147
Cell Effects	Section 3, Page 149, Part 3
Searches	Section 3, Page 159, Part 16
RASTAFARIANISM	Section 3, Page 167
Cell Effects	Section 3, Page 169, Part 3