COMMISSIONER'S DIRECTIVE

MANAGEMENT OF SEIZED ITEMS

Policy Bulletin 178

POLICY OBJECTIVE

1. To establish standards for the seizure, safekeeping, forfeiture, return, and disposal of contraband and unauthorized items.

AUTHORITY

2. Commissioner's Directive 568 - Management of Security Information.

DEFINITIONS

3. Contraband means:

1. an intoxicant;
2. a weapon or a component thereof, ammunition for a weapon, and anything that is designed to kill, injure or disable a person or that is altered so as to be capable of killing, injuring or disabling a person, when possessed without prior authorization;
3. an explosive or a bomb or a component thereof;
4. currency over any applicable prescribed limit, when possessed without prior authorization; and
5. any item that could jeopardize the security of a penitentiary or the safety of persons, when that item is possessed without prior authorization.

4. An unauthorized item means an item that is not authorized by a Commissioner's Directive or by a written order of the Institutional Head and that an inmate possesses without prior authorization.

RESPONSIBILITIES

5. The Institutional Head or District Director shall designate a seizure control officer who is responsible for the management of contraband (this function is normally carried out by the Security Intelligence Officer).

6. The Institutional Head or District Director shall designate a seizure control officer for the management of unauthorized items (this function is normally carried out by the Admission and Discharge Officer in an institution or the person who performs admission and discharge duties in a community-based facility).

7. The Institutional Head or District Director shall designate a seizure control area for seized items.

PROCEDURES

8. The possession of contraband constitutes a security incident and necessitates the completion of an Incident Report on the Offender Management System (OMS).

Seized Items

9. Where a staff member or other authorized person seizes an item during a search, the staff member or authorized person shall, as soon as practicable:

1. issue a receipt to the person from whom the item is seized; and
2. submit the item to the Institutional Head or the seizure control officer or, in case of a seizure in a community-based residential facility, to the person in charge of the community-based residential facility.

10. In addition, the staff member or other authorized person shall:

1. complete a Contraband Seizure Tag (CSC/SCC 482);
2. attach the Contraband Seizure Tag to the item;
3. distribute copies as per tag specifications; and
4. complete the chain of custody portion on the evidence bag as applicable.

11. Items shall remain in the possession of the person who made the seizure until placed in a secure evidence locker or turned over to the custody of the seizure control officer. This procedure shall take place before the seizing officer leaves the facility.

12. To ensure continuity of possession, each person coming into possession of seized items shall complete the chain of custody form as applicable.

Safekeeping of Seized Items

13. The seizure control officer shall ensure that all seized items are kept in the designated seizure control area.

14. Only the seizure control officer shall have access to the designated seizure control area.

15. The seizure control officer shall maintain the Contraband Control Register (CSC/SCC 483) and record all transactions regarding seized items.

16. The Contraband Control Register (CSC/SCC 483) shall be retained on the appropriate operational file (3030-12) in accordance with departmental Records Disposition Authorities.

Return or Forfeiture of Seized Items

17. If the owner of the seized item is known, the seizure control officer shall notify him or her in writing and as soon as practicable of the fact that the item has been seized.

18. The seizure control officer shall hold or transfer to the custody of the police or a court any item seized that is required as evidence in a disciplinary or criminal proceeding, until the disposition of the proceeding.

19. An item referred to in paragraph 17 shall be returned to its owner where:

1. the item is not or is no longer required as evidence in a disciplinary or criminal proceeding;
2. the item has not been forfeited pursuant to paragraph 21;
3. the item is within the control of the Service;
4. the owner requests that the item be returned to him or her within 30 days after being notified of the seizure;
5. possession of the item would be lawful; and
6. in the case of an owner who is an inmate, possession of the item by the inmate would not constitute possession of contraband or an unauthorized item.

20. The Institutional Head or the seizure control officer shall ensure that the inmate is given a reasonable opportunity to make arrangements for the disposal or safekeeping outside the penitentiary of a seized item, that would constitute contraband or an unauthorized item, where its possession outside the penitentiary would be lawful.

21. The seized item shall be forfeited to Her Majesty in right of Canada where:

1. the Service does not know who the owner is and 30 days have passed since the seizure;
2. the owner does not apply for the return of the item within 30 days after being notified of the seizure;
3. possession of the item would be unlawful; and
4. in the case of an owner who is an inmate, possession of the item by the inmate would constitute possession of contraband or an unauthorized item and the inmate has not arranged for the disposal or safekeeping of the item outside the penitentiary after being given a reasonable opportunity to do so in accordance with paragraph 20.

22. The Institutional Head or the seizure control officer may, in respect of an owner other than an inmate, cancel a forfeiture and shall ensure that the item is returned to the owner, if:

1. the owner applies in writing to the Institutional Head or the seizure control officer within 30 days after the forfeiture of the item;
2. the Institutional Head or seizure control officer determines that the owner was not involved in the events that resulted in the forfeiture; and
3. possession of the item by the owner would be lawful.

23. Subject to paragraph 24, the Institutional Head or the seizure control officer may, in respect of an owner who is an inmate, cancel a forfeiture where:

1. the inmate submits to the Institutional Head or seizure control officer 30 days after the forfeiture, an application for the return of the seized item;
2. the Institutional Head or staff member determines that the forfeiture would cause undue hardship to the inmate; and
3. possession of the item by the inmate would be lawful.

24. Where the Institutional Head or the seizure control officer cancels a forfeiture pursuant to paragraph 23, the Institutional Head or seizure control officer may:

1. authorize the inmate to possess the item in the penitentiary; or
2. order that the inmate be given a reasonable opportunity to make arrangements for the disposal or safekeeping of the item outside the penitentiary.

Disposal of Seized Items

25. The seizure control officer shall complete the Contraband Control Register (CSC/SCC 483), and dispose of items as follows:

1. Money shall be remitted to the Receiver General for Canada.
2. Drugs, narcotics, firearms, explosives and ammunition shall be turned over to the police force having primary jurisdiction after the required administrative or disciplinary actions have been completed. The police officer receiving these items shall sign the Contraband Control Register (CSC/SCC 483).
3. Items that may be of unusual or of historic value to the Service should be offered to the CSC Museum in Ontario. Items that could be used as visual aids should be offered to the Regional Staff College.
4. All other articles shall be disposed of through the Disposal Operations Group of Public Works and Government Services Canada.
5. Proper notation shall be made on the Contraband Control Register (CSC/SCC 483).

26. When disposing of articles of religious significance, the Aboriginal Elder/Spiritual Advisor, Chaplain or representative of a religious group will be consulted by the decision maker as to a proper disposition of the item(s) which is respectful of the individual's beliefs. If an agreement cannot be reached between the decision maker and Elder or spiritual representative, the Institutional Head shall make the final decision. For definition of medicine bundle, see CD 702 - Aboriginal Programming.

27. Items that pose a potential threat to the security of the institution, if retained on site, may be disposed of in an appropriate manner, with the circumstances of the disposal fully documented.

28. Seized items not turned over to the police shall be retained at the facility until the completion of all criminal, administrative or disciplinary procedures.

29. All items shall be disposed of annually or as needed.

Table of Contents