Commissioner's Directive

Use Of Non-Intrusive Search Tools

OBJECTIVE

  1. To provide clarification for staff involved in routine non-intrusive searches of persons entering and exiting institutions, utilizing Ion Mobility Spectrometry (IMS) devices, drug detector dogs, X-ray machines (for items only), or metal detectors.

AUTHORITY

  1. Commissioner's Directive 566-8 – Searching of Staff and Visitors

APPLICATION

  1. These Guidelines apply to all staff in institutions who are required to use non-intrusive search tools.

RESPONSIBILITIES

  1. The Institutional Head will :
    1. ensure staff using non-intrusive search tools are trained and certified as required;
    2. ensure searching tools are routinely maintained and calibrated;
    3. designate a manager to conduct Threat Risk Assessments and interviews as per Annex E; and
    4. ensure all approved visitors receive a copy of the CSC letter on "Searches of Individuals Visiting Federal Correctional Facilities" – Annex E.
  2. The Assistant Warden, Operations, will ensure :
    1. the proper maintenance, operation and administration of the searching equipment; and
    2. search reports are completed and submitted as required.
  3. The Correctional Manager, Operations, will :
    1. ensure a Post Order identifies the appropriate procedures related to the non-intrusive search tools; and
    2. complete and submit the search reports, as required.

Procedures

  1. Non-intrusive search tools will be utilized on all persons entering or exiting medium security, maximum security and multi-level institutions.
  2. Non-intrusive search tools will be utilized in minimum security institutions, where available, at a frequency identified in the institution's search plan.

X-Ray Machine

  1. The Principal Entrance Officer will :
    1. inform the individual that searching is required; and
    2. if required, ask to search the contents of the person's possessions that were passed through the machine.

Metal Detector

  1. The Principal Entrance Officer will :
    1. inform the individual that searching is required; and
    2. if required, ask to use the hand-held metal detector to further identify what object has set off the alarm.
  2. If these searches do not identify what is causing the metal detector to alert and further assessment is required, the designated manager will be advised that a Threat Risk Assessment (CSC/SCC 1300-01E) is required to examine the options and to determine the status of the individual's request for access.

Drug Detector Dog

  1. If there is a positive indication by the drug detector dog, the Principal Entrance Officer, Institutional Search Coordinator or Dog Handler will advise the designated manager that a Threat Risk Assessment (CSC/SCC 1300-01E) is required.

Ion Mobility Spectrometry (IMS) Device

  1. If there is a positive indication by the IMS device, the Principal Entrance Officer will :
    1. advise the designated manager that a Threat Risk Assessment (CSC/SCC 1300-01E) is required; and
    2. complete a second test using the swipe method or the hand-held vacuum on a second item in the individual's possession.
  2. The results of both the first and second swipe will be considered in the Threat Risk Assessment (CSC/SCC 1300-01E). Regardless of whether the second swipe is negative or positive, the Threat Risk Assessment will be completed and the results of both tests will be considered with all other information available to the designated manager.

Refusal of Search

  1. As per subsection 54(2) of the CCRR, if a person refuses to voluntarily submit to or cooperate during a non-intrusive search, the designated manager may :
    1. prohibit a contact visit with an inmate and authorize a non-contact visit; or
    2. advise the visitor to leave the penitentiary property immediately.

Conducting a Threat Risk Assessment

  1. The designated manager will :
    1. meet with the individual in a private area with a witness;
    2. using discretion and in a respectful manner, interview the individual;
    3. give the individual the opportunity to provide an explanation for the positive search result (including mention of any products or medications);
    4. consider the results of the interview in combination with other applicable information that may be available (e.g. intelligence information, past inmate and/or visitor history, observed behaviour, and the search results of one or more means);
    5. based on an assessment of all of the above factors, make a decision on the status of the individual's request for access in accordance with legislation and policy; and
    6. document the decision by completing the Threat Risk Assessment (CSC/SCC 1300-01E) and provide a brief summary of the assessment and the rationale for the decision.
  2. The results of all searches and observations will be fairly considered in the Threat Risk Assessment, along with all other information that is available to the designated manager.
  3. A positive indication by any non-intrusive search tool does not automatically result in the refusal of entry or a visit. It is treated as one piece of information that provides reasonable grounds to suspect that a person may have contraband in his/her possession.
  4. 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.
  5. In instances where the visitor does not exceed the threshold or alarm levels of the IMS device, or when there is no indication from the drug detector dog, he/she may be permitted entry and a regular visit if there are no other factors to be considered.

Options for Decision

Visitor

  1. Upon completion of the Threat Risk Assessment (CSC/SCC 1300-01E), the designated manager may :
    1. allow the individual access to the institution, based on the results of the Threat Risk Assessment;
    2. allow a contact visit;
    3. allow a visit with restricted or designated seating as per subsection 90(2) of the CCRR;
    4. allow a non-contact or closed visit as per section 90 of the CCRR; or
    5. refuse access and advise the visitor to leave the penitentiary property.
  2. When there are reasonable grounds to suspect that a visitor is carrying an unauthorized item, contraband or evidence relating to an offence, and a strip search is necessary to find the unauthorized item or contraband, staff may request that the visitor submit to a voluntary strip search, when all of the following conditions have been met as per subsection 60(2) of the CCRA :
    1. the visitor has been given the opportunity to voluntarily leave the institution;
    2. the Institutional Head has been satisfied that reasonable grounds exist; and
    3. written authorization has been received from the Institutional Head.
  3. When there are reasonable grounds to believe that a visitor is carrying contraband or evidence relating to an offence and that a strip search is necessary to find the contraband or evidence, staff may detain the visitor in order to :
    1. obtain written authorization from the Institutional Head to conduct a strip search, as per subsection 60(3) of the CCRA; or
    2. obtain the services of the police.
  4. As per subsection 60(4) of the CCRA, a visitor who is detained will :
    1. be informed promptly of the reasons for the detention; and
    2. before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.
  5. Upon completion of the Threat Risk Assessment, the designated manager may :
    1. allow access to the institution; or
    2. refuse access and advise the visitor to leave the penitentiary property.

Staff Member

  1. Where a staff member has reasonable grounds to believe that another staff member is carrying an unauthorized item, contraband or evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the unauthorized item or contraband, the staff member may detain the other staff member in order to :
    1. obtain authorization from the Institutional Head to conduct a frisk and/or a strip search, as per subsection 64(1) of the CCRA; or
    2. obtain the services of the police.
  2. As per subsection 64(2) of the CCRA, a staff member who is detained will :
    1. be informed promptly of the reasons for the detention; and
    2. before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.
  3. The designated manager will forward the completed Threat Risk Assessment (CSC/SCC 1300-01E) to the Institutional Head.

Follow-Up to a Non-Intrusive Search and Threat Risk Assessment

Designated Manager

  1. If a non-intrusive search of a visitor results in a positive indication, the designated manager will inform :
    1. the visitor of the search results and the decision taken, using the Letter to Visitor on "Positive Indication using Non-Intrusive Search Tools" – Annex B;
    2. the visitor of the consequences and next steps as applicable (e.g. suspension of visits, Visitor Review Board hearing, timeframes, etc.);
    3. the inmate that the visit will not be permitted, using the Letter to Inmate on "Positive Indication using Non-Intrusive Search Tools" – Annex C; and
    4. the inmate of the consequences and next steps as applicable (e.g. suspension of visits, Visitor Review Board hearing, timeframes, etc.).
  2. The designated manager will forward the completed Threat Risk Assessment (CSC/SCC 1300-01E) to the Correctional Manager, Operations.

Correctional Manager, Operations

  1. The Correctional Manager, Operations, will :
    1. ensure that relevant information on the incident is shared with the Security Intelligence Officer for completion of an Offender Management System Incident Report;
    2. ensure placement of the original form on the Preventive Security file and notification to the Visitor Review Board as required; and
    3. compile information for the search reports to be submitted to the Regional Administrator, Security.

Security Intelligence Officer

  1. The Security Intelligence Officer will complete the Incident Report in the Offender Management System using "Other Incident – IMS" :
    1. "Threat Risk Assessment – Visitor"; or
    2. "Threat Risk Assessment – Staff".

ENQUIRIES

Strategic Policy Division,
National Headquarters
Email : Gen-NHQPolicy-Politi@CSC-SCC.GC.CA


Assistant Commissioner,
Correctional Operations and Programs

Original signed by
Chris Price

ANNEX A : CROSS-REFERENCES

CROSS-REFERENCES

ANNEX B : LETTER TO VISITOR ON "POSITIVE INDICATION USING NON-INTRUSIVE SEARCH TOOLS"

Correctional Service Canada

Ottawa, Canada
K1A 0P9

Your File :  

Our File :  

Date :  

To : Visitor's Name

Positive Indication Using Non-Intrusive Search Tools

Please be informed that as a result of a routine non-intrusive search that was conducted on you by this institution with your consent and pursuant to policy, there has been a positive indication by the following search tool(s) :

  • checkbox for Ion Mobility Spectrometry (IMS) device (i.e. IONSCAN)  Ion Mobility Spectrometry (IMS) device (i.e. ionscan);
  • checkbox for drug detector dog  drug detector dog;
  • checkbox for other  other (Please list :                                       )

During the search using the IMS device, the sample taken from your person or belongings indicated at or above the identified allowable threshold for the following substance(s) :

  • checkbox for cocaine (includes crack) Cocaine (includes crack)
  • checkbox for heroin  Heroin
  • checkbox for morphine  Morphine
  • checkbox for L-amphetamine  L-amphetamine
  • checkbox for amphetamine  Amphetamine
  • checkbox for (+) methamphetamine  (+) Methamphetamine
  • checkbox for methamphetamine  Methamphetamine
  • checkbox for methylenedioxyamphetamine – MDA  Methylenedioxyamphetamine – MDA
  • checkbox for methylenedioxymethamphetamine – MDMA  Methylenedioxymethamphetamine – MDMA
  • checkbox for MDEA  MDEA
  • checkbox for THC (component of hash/marijuana)  THC (component of hash/marijuana)
  • checkbox for LSD – D-lysergic acid diethylamide (acid)  LSD – D-lysergic acid diethylamide (acid)
  • checkbox for phencyclidine  Phencyclidine (PCP)
  • checkbox for hash/marijuana  Hash/marijuana
  • checkbox for LSD  LSD
  • checkbox for benzyl econine  Benzyleconine
  • checkbox for econidine methylester  Econidine Methylester
  • checkbox for opium  Opium
  • checkbox for oxycodone  Oxycodone

The results of these searches constitute your personal information and are subject to the provisions of the Privacy Act; therefore, we cannot disclose this information directly to the person you were to visit. However, with your written consent, we can arrange to share a gist summary of the search results.

In accordance with legislation, policies and procedures regarding the searching of visitors, this positive indication will be treated as one piece of information that contributes to a determination of the risk that you as a visitor may represent for the security of the penitentiary or the safety of any individual.

In order to determine this risk, a thorough and objective Threat Risk Assessment and interview have been conducted and, as a result of this determination, it has been decided that CSC will :

  • checkbox to allow a regular open visit  allow a regular open visit;
  • checkbox to allow a visit with restricted or designated seating   allow a visit with restricted or designated seating;
  • checkbox to allow a non-contact or closed visit   allow a non-contact or closed visit;
  • checkbox to refuse your access and ask that you leave the institution;   refuse your access and ask that you leave the institution;
  • checkbox - give you the opportunity to leave the institution (prior to your voluntary submission to have a strip search conducted)   give you the opportunity to leave the institution (prior to your voluntary submission to have a strip search conducted);
  • checkbox - obtain written authorization from the Institutional Head to conduct a strip search on you   obtain written authorization from the Institutional Head to conduct a strip search on you;
  • checkbox - detain you and obtain the services of the police  detain you and obtain the services of the police.

Please be informed that you are entitled to five working days from the date of this notification to make representations (verbally or in writing) on your behalf that will be considered by the VRB in their decision. You may submit your representations to the following VRB contact person :

(name)  

(rank/position)  

(address)  

(telephone no. and extension)  

The VRB will meet to review and consider all relevant information regarding your case within five working days following the period for you to make representations.

In accordance with Commissioner's Directive 559 – Visits, the decision of the VRB will be communicated to you in writing, within 14 calendar days from the date of the meeting.

Staff member :  

Signature :  

Distribution :

  • Original – Visitor
  • Copy – Preventive Security File

Annex C : Letter To Inmate On "positive Indication Using Non-intrusive Search Tools"

Correctional Service Canada

Ottawa, Canada
K1A 0P9

Your File :  

Our File :  

Date :  

To : Inmate's Name

Positive Indication Using Non-Intrusive Search Tools

As a result of a legal routine non-intrusive search conducted by this institution on your visitor with his/her consent (pursuant to policy), there has been a positive indication by the following search tool(s) :

  • checkbox for Ion Mobility Spectrometry (IMS) device (i.e. IONSCAN)  Ion Mobility Spectrometry (IMS) device (i.e. ionscan);
  • checkbox for drug detector dog  drug detector dog;
  • checkbox for other  other (Please list :                         )

During the search using the IMS device, the sample submitted by your visitor indicated at or above the identified allowable threshold for one of the identified substances. The results of these searches constitute personal information and are subject to the provisions of the Privacy Act; therefore, they cannot be disclosed to you directly (if applicable).

In accordance with legislation, policies and procedures regarding the searching of visitors, this positive indication will be treated as one piece of information that contributes to a determination of the risk that the visitor may represent for the security of the penitentiary or the safety of any individual.

In order to determine this risk, a thorough and objective Threat Risk Assessment and interview have been conducted by the designated officer and, as a result of this determination, it has been decided that CSC will :

  • checkbox to allow a regular open visit   allow a regular open visit;
  • checkbox to allow a visit with restricted or designated seating   allow a visit with restricted or designated seating;
  • checkbox to allow a non-contact or closed visit   allow a non-contact or closed visit;
  • checkbox to refuse your visitor access and ask that he/she leaves the institution  refuse your visitor access and ask that he/she leaves the institution;
  • checkbox to give your visitor the opportunity to leave the institution (prior to his/her voluntary submission to have a strip search conducted)   give your visitor the opportunity to leave the institution (prior to his/her voluntary submission to have a strip search conducted);
  • checkbox to obtain authorization from the Institutional Head to conduct a strip search of your visitor  obtain authorization from the Institutional Head to conduct a strip search of your visitor;
  • checkbox to detain your visitor and obtain the services of the police  detain your visitor and obtain the services of the police.

As a result of these events, your visitor's status will now be reviewed by the Visitor Review Board (VRB), who will assess the case and decide what, if any, measures will be taken regarding your visiting privileges.

Please be informed that you and your visitor are entitled to five working days from the date of this notification to make representations (verbally or in writing) on his/her behalf that will be considered by the VRB in their decision. Your visitor may submit these representations to the VRB contact person.

The VRB will meet to review and consider all relevant information regarding your visitor's case within five working days following the period for your visitor to make representations.

In accordance with Commissioner's Directive 559 – Visits, the decision of the VRB will be communicated to you and your visitor in writing, within 14 calendar days from the date of the meeting.

Staff member :  

Signature :  

Distribution :

  • Original – Inmate
  • Copy – Visits and Correspondence File 3280

ANNEX D : DESIGNATION LETTER FROM INSTITUTIONAL HEAD

Correctional Service Canada

Ottawa, Canada
K1A 0P9

Your File :  

Our File :  

Date :  

To :  , staff member

From :  , Institutional Head

Designation Letter from Institutional Head

This letter confirms that you have been designated to conduct Threat Risk Assessments and decisions in accordance with the Guidelines for CD 566-8 – Searching of Staff and Visitors.

In relation to this designation, you will be responsible for responding to any situation which necessitates a Threat Risk Assessment at the principal entrance.

It is expected that you will conduct the Threat Risk Assessments with thoroughness and in a consistent and professional manner. All persons are to be treated with respect and courtesy in accordance with the principles of CSC's Mission Statement and Core Values.

ANNEX E : SEARCHES OF INDIVIDUALS VISITING FEDERAL CORRECTIONAL FACILITIES

Correctional Service Canada

Ottawa, Canada
K1A 0P9

Your File :  

Our File :  

Date :  

To : Visitor's Name

From :  , Institutional Head,   Institution

Searches of Individuals Visiting Federal Correctional Facilities

The Correctional Service of Canada (CSC) is committed to the reduction of drug usage and drug-related violence in federal correctional facilities. The link between the introduction of drugs into CSC institutions and increasing violence within these institutions has been clearly established. As a visitor, you can play an important role in stopping the trafficking and use of drugs.

CSC has in place a variety of searching procedures and tools to stop the introduction of drugs into institutions. The purpose of this note is to explain some of the processes that you may be required to go through when entering the institution.

All visitors must sign in at the principal entrance and confirm their identity with appropriate identification. At this time, and in accordance with the Visiting Application and Information Form (Inmate) (CSC/SCC 0653E), which is mandatory to obtain approval for visiting privileges, visitors are requested to consent to routine searches (see definitions below) of their person and belongings. If a visitor refuses to submit to being searched, a contact visit may be prohibited and the visitor may be required to leave the penitentiary forthwith, or offered a non-contact visit, at the discretion of the Institutional Head.

The searches may occur both when entering and leaving the institution and may consist of any of the following types of searches :

Routine Non-Intrusive Searches :

  • metal detector (walk-through and/or hand-held);
  • X-ray machine (for personal belongings);
  • Ion Mobility Spectrometry (IMS) device (i.e. ionscan);
  • drug detector dog;
  • visual observation;
  • manual or technical search of personal possessions, including items the individual may be carrying and any coat or jacket that the person has been requested to remove.

Routine Frisk Searches :

  • manual or technical search of the clothed body;
  • a frisk search will be carried out from head to foot, down the front and rear of the body, around the legs and inside clothing folds, pockets and footwear.

A positive indication using these searching techniques will be treated as one piece of information that contributes to a determination of the risk that a visitor may represent for the security of the penitentiary or the safety of any individual.

In the case of any positive indication by the IMS device or by the drug detector dog, the visitor will be asked to step aside and a Threat Risk Assessment and interview by a designated officer will be initiated.

The results of the interview are to be considered in combination with any other information that may be available, such as related intelligence information, past inmate and/or visitor history, observed behaviour, and the search results of one or more means. Each visitor will be given the opportunity to provide an explanation for the positive search result(s). At this time, you should be prepared to declare any medications (prescribed or otherwise) or describe any personal, hygienic or household products that you believe may be a contributing factor for the positive indication by the IMS device.

In the case of all searches involving visitors and in accordance with the CCRA, the CCRR and Commissioner's Directive 566-8 – Searching of Staff and Visitors, the decisions that may be rendered include :

  • allowing an open (or contact) visit;
  • allowing a visit with restricted or designated seating;
  • allowing a non-contact or closed visit;
  • refusing access and asking the person to leave the facility;
  • giving the visitor the opportunity to leave the institution (prior to his/her voluntary submission to have a strip search conducted);
  • detaining the visitor to conduct a strip search (with the written authorization from the Institutional Head); or
  • detaining the visitor and obtaining the services of the police.

Please note that the use of these searching tools and the subsequent decisions are aimed at stopping the entry of illegal drugs into federal penitentiaries and creating a safer environment for all. Our sole intent is to prevent and deter people from bringing drugs into our federal institutions.

As noted above, a drug detector dog may be used for routine non-intrusive searches. CSC drug detector dogs are passive dogs and contact with people during searching is not planned as part of the search. The Dog Handler will go to great lengths to avoid any contact; however, despite everyone's best intentions, there may be times where inadvertent and unintended contact occurs.

It is also important that you are aware of the possibility that you or your loved one may be approached, requested, manipulated or even demanded by individual inmates or their contacts in the community to convince you to attempt to introduce illicit drugs or contraband during your visit. We understand that there are often extenuating circumstances that exist both inside and outside of the penitentiary that, when combined with other contributing factors, may exert enough pressure on a person to persuade him/her to attempt to commit a criminal offence such as this.

I urge you, if you have any information regarding illegal activities, or if you are faced with such a situation, please contact me directly and I will take all appropriate measures to ensure you and your contacts are kept safe from harm and not adversely affected by possible repercussions.

I would like to thank you for your understanding and anticipated cooperation in these matters.

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.