GUIDELINES

USE OF NON-INTRUSIVE SEARCH TOOLS

Policy Bulletin 182
Policy Bulletin 211

OBJECTIVES

1. To provide clarification for staff involved in routine non-intrusive searches of persons entering CSC facilities utilizing ion mobility spectrometry (IMS) devices, drug detector dogs, x-ray machines (for items only), or metal detectors.

2. Officers will conduct all searches in a consistent and professional manner. During all searching procedures and interactions with staff and visitors, persons are to be treated with respect and courtesy in accordance with the principles of CSC's Mission Statement and Core Values.

CROSS-REFERENCES

3. Commissioner's Directive 566 - Prevention of Security Incidents;
Commissioner's Directive 566-1 - Control of Entry to and Exit from Institutions;
Commissioner's Directive 566-8 - Searching of Staff and Visitors;
Commissioner's Directive 568-5 - Management of Seized Items;
Commissioner's Directive 585 - National Drug Strategy; and
Commissioner's Directive 770 - Visiting.

RESPONSIBILITIES

4. It is the responsibility of the Institutional Head to:

1. ensure that the Correctional Officers using the non-intrusive search tools are properly trained and certified as required;
2. ensure that all searching tools are routinely maintained and calibrated;
3. designate a manager to conduct threat risk assessments and interviews (i.e., Coordinator of Correctional Operations (CCO), Correctional Supervisor (CS), Security Intelligence Officer (SIO), or another excluded manager) using the Designation Letter - Annex C (link);
4. ensure that designated managers are familiar with the relevant policies and have all the skills necessary to perform this function; and
5. ensure all approved visitors receive a copy of the CSC letter on "Searches of Individuals Visiting Federal Correctional Facilities" - Annex D (link).

5. It is the responsibility of the Coordinator of Correctional Operations (CCO) to:

1. ensure that appropriate procedures are in place and properly applied for the use of the IONSCAN or the ITEMISER;
2. ensure a Post Order identifies the appropriate procedures related to the analyzers;
3. ensure the proper maintenance, operation and administration of the searching equipment; and
4. complete and submit the Monthly CCO Report - Searching and Drug Interdiction (form CSC/SCC 1300-02E) (link).

DEFINITIONS

6. Non-intrusive search: a search of the clothed individual by technical means which may include a walk through a metal detector, hand-held scanner, or any similar non-intrusive device. It includes a 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. This may include the wiping or vacuuming of personal articles (i.e. purses, coats, identification cards and other personal items).

7. Search tools for contraband detection: metal detectors (walk-through and/or hand-held) and x-ray machines (for items only) are non-intrusive tools used to assist staff in identifying the possible presence of contraband concealed either on a person or in his or her personal effects. Metal detectors and x-ray machines may be used to routinely search all people and their belongings when entering and/or exiting an institution.

8. Search tools for drug detection: ion mobility spectrometry (IMS) devices and drug detector dogs are non-intrusive tools used to assist staff in identifying the possible presence of drugs concealed either on a person or in his or her personal effects. These tools can be used to routinely search all people and their belongings when entering and/or exiting an institution. The operating procedures for the IMS devices are found in GL 566-8-2 - Technical Requirements for Ion Mobility Spectrometry Devices (link).

9. Threat Risk Assessment (TRA): in this context, a TRA is a documented assessment process conducted by a designated manager concerning an individual's request for access to an institution. The TRA includes consideration of search results, all available information, and an interview, in order to determine the least restrictive measures necessary (or available) to ensure the security of the penitentiary or the safety of any person.

PROCEDURES

X-Ray Machine

10. If there is a possible indication of contraband, the Visitor Security Officer will:

1. inform the individual that further searching is required; and
2. ask to search the contents of the person's belongings that were passed through the machine.

Metal Detector

11. If there is a possible indication of contraband, the Visitor Security Officer will:

1. inform the individual that further searching is required; and
2. ask to use the hand-held metal detector to further identify what object has set off the alarm.

12. If these searches do not identify what is causing the metal detector to alert and further assessment is required, the designated manager will conduct a TRA to examine the options and to determine the status of the individual's request for access.

Drug Detector Dog

13. If there is a positive indication by the drug detector dog, the Visitor Security Officer, Institutional Search Coordinator or Dog Handler will advise the designated manager that a TRA is required.

Ion Mobility Spectrometry (IMS) Device

14. If there is a positive indication by the IMS device, the Visitor Security Officer will:

1. advise the designated manager that a TRA is required; and
2. complete a second test (for consideration in the TRA) using the swipe method or the hand-held vacuum on a second item in the individual's possession.

15. The results of both the first and second swipe will be considered in the TRA. Regardless of whether the second swipe is negative or positive, the TRA will be completed and the results of both tests will be fairly considered with all other information available to the designated manager.

Refusal of Search

16. In accordance with 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. ask the visitor to leave the penitentiary forthwith.

CONDUCTING A THREAT RISK ASSESSMENT

17. 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. consider the results of both the first and second swipe of the IMS device in the TRA;
6. 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
7. document the decision by completing the Threat Risk Assessment (form CSC/SCC 1300-01E) and providing a brief summary of the assessment and the rationale for the decision.

18. The results of all searches and observations will be fairly considered in the TRA, along with all other information that is available to the designated manager.

19. 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 or her possession.

20. 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 or she may be permitted entry and a regular visit if there are no other factors to be considered.

OPTIONS FOR DECISION

Visitor

21. Upon completion of the TRA, the designated manager may choose the following options:

1. allow the individual access to the institution, based on the results of the TRA;
2. allow a contact visit;
3. allow a visit with restricted or designated seating (subsection 90 (2) of the CCRR);
4. allow a non-contact or closed visit (criteria are identified in section 90 of the CCRR); or
5. refuse access and ask the person to leave the institution.

22. Where you have reasonable grounds to suspect that a visitor is carrying contraband or evidence relating to an offence, and believe that a strip search is necessary to find the contraband, you may request that the visitor submit to a voluntary strip search, when all of the following conditions have been met (in accordance with subsection 60 (2) of the CCRA and CD 566-8):

1. the visitor has been given the opportunity to voluntarily leave the institution;
2. you have satisfied the Institutional Head that reasonable grounds exist; and
3. you have received written authorization from the Institutional Head.

23. Where you have 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, you may detain the visitor in order to:

1. obtain written authorization from the Institutional Head to conduct a strip search, following criteria in subsection 60 (3) of the CCRA and CD 566-8; or
2. obtain the services of the police.

24. In accordance with subsection 60 (4) of the CCRA, a visitor who is detained shall:

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.

Staff Member

25. Upon completion of the TRA, the designated manager may choose the following options:

1. allow access to the institution; or
2. refuse access and ask the person to leave the institution.

26. Where a staff member has reasonable grounds to believe 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:

1. obtain authorization of the Institutional Head to conduct a frisk and/or a strip search, following criteria in subsection 64 (1) of the CCRA and CD 566-8; or
2. obtain the services of the police.

27. In accordance with subsection 64 (2) of the CCRA, a staff member who is detained shall:

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.

FOLLOW-UP TO A THREAT RISK ASSESSMENT

Designated Manager

28. Immediately inform the visitor of the search results and the decision taken, using the Letter to Visitor on "Positive Indication Using Non-Intrusive Search Tools" - Annex A (link).

29. Inform the visitor of the consequences and next steps as applicable (e.g. suspension of visits, Visitor Review Board hearing, timeframes, etc.).

30. Inform the inmate that the visit will not be permitted, using the Letter to Inmate on "Positive Indication Using Non-Intrusive Search Tools" - Annex B (link).

31. Inform the inmate of the consequences and next steps as applicable (e.g. suspension of visits, Visitor Review Board hearing, timeframes, etc.).

32. Forward completed Threat Risk Assessment (form CSC/SCC 1300-01E) (link) to the CCO.

Coordinator of Correctional Operations

33. Ensure that relevant information on the incident is shared with the SIO for completion of an Offender Management System (OMS) Incident Report.

34. Ensure placement of the original form on the Preventive Security file and notification of the Visitor Review Board as required.

35. Compile information for the Monthly CCO Report (form CSC/SCC 1300-02E) (link), to be submitted to the Regional Administrator of Security.

Security Intelligence Officer

36. Complete the Incident Report and record it in OMS as "Other Incident - OINC" with the headings:

1. "Threat Risk Assessment - Visitor"; or
2. "Threat Risk Assessment - Staff".

A/Assistant Commissioner,
Correctional Operations and Programs

Original signed by
Fraser McVie

Table of Contents