Guidelines 566-8-1: Use of non-intrusive search tools

Commissioner's Directive

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

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

APPLICATION

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

RESPONSIBILITIES

4. 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.
5. 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.
6. 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

7. Non-intrusive search tools will be utilized on all persons entering or exiting medium security, maximum security and multi-level institutions.
8. 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

9. 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

10. 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.
11. 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

12. 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

13. 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.
14. 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

15. 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

16. 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.
17. 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.
18. 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.
19. 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.
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/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 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.
22. 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.
23. 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.
24. 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.
25. 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

26. 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.
27. 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.
28. 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

29. 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.).
30. The designated manager will forward the completed Threat Risk Assessment (CSC/SCC 1300-01E) to the Correctional Manager, Operations.

Correctional Manager, Operations

31. 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

32. 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

• CD 559 – Visits
• CD 566 – Framework for the Prevention of Security Incidents
• CD 566-1 – Control of Entry to and Exit from Institutions
• CD 566-8 – Searching of Staff and Visitors
• CD 568-5 – Management of Seized Items
• CD 585 – National Drug Strategy
• IONSCAN Operating Procedures, Annex B of GL 566-8-2 – Technical Requirements for Ion Mobility Spectrometry Devices