Correctional Service Canada
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Commissioner's Directive

Date:
2011-05-26

Number - Numéro:
566-9

SEARCHING OF CELLS, VEHICLES AND OTHER AREAS OF THE INSTITUTION

Issued under the authority of the Commissioner of the Correctional Service of Canada

PDF


Policy Bulletin 187

Policy Bulletin 330


POLICY OBJECTIVE

1. To establish and define the requirements and procedures for searching cells, vehicles, and other areas of the institution to deter the possession and exchange of contraband and unauthorized items.

AUTHORITY

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

CROSS-REFERENCES

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

Commissioner's Directive 702 - Aboriginal Programming.

DEFINITION

4. Thorough visual inspection: A routine inspection to visually detect contraband or unauthorized items which may jeopardize the safety or security of the institution. This does not normally include opening drawers, closets, etc. but may include inspecting under beds or behind dressers.

PRINCIPLES

5. 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.

INSTITUTIONAL HEAD'S RESPONSIBILITIES

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.

7. The Institutional Search Plan will require that verification of personal effects be made against the Inmate Personal Property Record (CSC/SCC 0514). (This does not apply to Community Correctional Centres.)

8. The Institutional Head will ensure that all searches are done by staff members who possess the knowledge or training to recognize and respect cultural and spiritual artefacts. Sacred items will never be handled, except by the owner, an Elder or the Elder's representative.

PROCEDURES

9. All routine searches of cells, vehicles and other areas of the institution will be included in the Institutional Search Plan. This plan will specify that all cells and areas of the institution are to be searched within a 30-day period.

10. In Community Correctional Centres, the Search Plan will normally exclude routine searching of vehicles but will include, as a minimum, a thorough visual inspection of all resident-accessible areas within a 30-day period.

11. All persons conducting searches of cells, vehicles and other areas of the institution will be trained according to the staff orientation and training program provided by the CSC.

12. 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.

SEARCHES OF CELLS

Non-Routine Cell Search

13. Where a staff member believes on reasonable grounds that contraband or evidence of an offence is located in an inmate's cell, the staff member may, with the prior authorization of a supervisor, search the cell and its contents.

14. A staff member is not required to obtain an authorization or conduct a search in the presence of another staff member, where the staff member believes on reasonable grounds that delaying a search in order to comply with those obligations would result in danger to the life or safety of any person or the loss or destruction of contraband or evidence.

EMERGENCY SEARCHES OF CELLS

15. Where an emergency occurs and the Institutional Head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in the cells, the Institutional Head may authorize the search of cells and their contents by a staff member.

16. Emergency cells searches will not be counted against the regular cell searches as outlined in the Institutional Search Plan.

SEARCHES OF VEHICLES

Non-Routine Search of Vehicles

17. A staff member who believes on reasonable grounds that contraband is located in a vehicle at a penitentiary may, with prior authorization from the Institutional Head, search the vehicle.

18. Where a staff member believes on reasonable grounds that the delay to obtain prior authorization from the Institutional Head would result in danger to human life or safety or the loss or destruction of the contraband, the staff member may search the vehicle without that prior authorization.

REPORTING REQUIREMENTS

19. Every time a cell, vehicle or other area is searched by manual or mechanical means, the searching officers will complete the Search Log (CSC/SCC 0845).

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

  1. an item is seized; or
  2. the search is non-routine.

21. Every Institutional Head who authorizes an emergency search of inmate cells 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

22. 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.

Commissioner,

Original signed by:
Don Head

 

Annex A

INSTITUTIONAL SEARCH PLAN - SEARCHING OF CELLS, VEHICLES AND OTHER AREAS OF THE INSTITUTION

SEARCH
SUBJECT
SEARCH
TYPE
LOCA-TION FRE-QUENCY Reasonable Grounds
Suspicion and/ or Belief
Prior Authoriza-tion Consent Required OFFICER
RESPON-SIBLE
REQUIRE-MENTS
Search Log / Reports
(Date, etc.)
CELL ROUTINE     Not Required No No   Yes
VEHICLE ROUTINE     Not Required No No   Yes

*** If a seizure is made, 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, 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