COMMISSIONER'S DIRECTIVE

SEARCHING OF CELLS, VEHICLES AND OTHER AREAS OF THE INSTITUTION

Policy Bulletin 187

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.

DEFINITIONS

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

4. 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

5. 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.

6 The Institutional Search Plan will require that verification of personal effects be made against the Inmate Personal Property Record (CSC/SCC 514). (This does not apply to Community Correctional Centres.)

7. 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

8. 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.

1. 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.

9. 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.

10. 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

11. 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.

12. 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

13. 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.

14. 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

15. 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.

16. 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

17. 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 845).

18. Post-Search Reports (CSC/SCC 2013) will be completed in the following circumstances:

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

19. Every Institutional Head who authorizes an emergency search of inmate cells will prepare and submit to the head of the region, as soon as practicable a Post-Search Report respecting the search.

CONTRABAND SEIZURE TAGS

20. 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.

Acting Commissioner,

Original signed by
Don Head

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

*** If a seizure is made, complete forms CSC/SCC 2013 (Post-Search Report) and CSC/SCC 482 (Contraband Seizure Tag).

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

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