Inquest into the deaths of

Louis Unelli, William Acheson, Trevor

Burke, Martin Tykoliz, Stephen
Neeson, David Gillan, Julien Walton
and Peter McNelis

POLICIES & PROCEDURES; STANDING

ORDERS
HAMILTON WENTWORTH DETENTION
CENTRE

VOLUME I
 POLICIES AND PROCEDURES; STANDING ORDERS
- HAMILTON WENTWORTH DETENTION CENTRE -

INDEX

Tab No.

VOLUME I

Inmate Management – Admitting 1

Standing Order – 01-01 – A & D Module Security 2

Standing Order – 01-02 – Admissions 3

Inmate Management – Classification 4

Standing Order – 02-01 – Classification 5

Standing Order – 02-02 – AIIAPR – Assessment and Placement Report 6

Standing Order – 02-03 – LSI-OR 7

Standing Order – 07-07 – Orientation and Assignment 8

Security and Control – BOSS II Chair 9

Standing Order – 09-50 – BOSS II Chair 10

BOSS II – Manufacturer’s Data Sheet 11

Whole Body X-Ray Security Scanning 12

Memo – 7 October 2016 - Whole Body X-Ray Security Scanning 13

Standing Order – 09-58 - Whole Body X-Ray Security Scanning 14

Walk Through Metal Detector 15

Security and Control – Searches 16

E-mail – 1 April 2016 – Searches 17

E-mail – 22 June 2016 – A/D Search Log 18

Standing Order – 09-22 – Frisk Searches 19

Standing Order – 09-23 – Strip Searches 20

Standing Order – 09-27- Security – Search Reports 21

 Tab No.

Security and Control – Occupied and Unoccupied Areas 22

E-mail – 6 November 2013 – Deister Clockrounds 23

E-mail – 3 February 2016 – Security Patrols 24

E-mail – 4 February 2016 – Notice on Briefing Notes 25

E-mail – 2 October 2015 – Managers Reviewing Clockrounds 26

E-mail – 16 February 2016 – Managers Reviewing Clockrounds 27

VOLUME II

Security and Control – Seizure and Disposal of Contraband Drugs 28

Register of Contraband Drugs 29

Standing Order – 07-09 – Inmate Mail 30

Standing Order – 07-06 – Cell Contents 31

Placement of Special Management Inmates 32

Superintendent’s Directive – 30 March 2016 – Segregation Units 33

Standing Order – 07-20 – Placement of Special Management Inmates 34

Standing Order – 09-02 – 2A Segregation Unit 35

Video Monitoring and Recording 36

Standing Order – 09-03 – Video Monitoring 37

Standing Order – 09-08 – Logbooks 38

Community Escorts and Transportation 39

E-mail – 24 March 2016 – Inmates returning from hospital 40

Daily Briefing Notes – 29 March 2016 – Inmates returning from hospital 41

Standing Order – 09-18 – Community Escorts 2012 42

Standing Order – 09-19 – Community Escort Duties 43

 Tab No.

Standing Order – 09-53 – HWDC Policies for Inmates in Hospital 44

Health Care and Security-Safety Related Issues 45

Suicide Prevention 46

Substance Abuse Testing 47

Programs – Overview of Programs 48

Standing Orders, Post Orders and Superintendent’s Directives 49

E-mail – 1 February 2016 – Standing Orders 50

Notice – 15 March 2016 – Reminder of Procedures Required by Standing Orders 51

Ministry of Correctional Services Act, R.S.O 1990, Chapter M.2 52

Ministry of Correctional Services Act, R.R.O. 1990, Reg. 778 53

Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Latest Revision:
Inmate Management August 19, 2014
Sub-Section:
Admitting

Admitting
1.0 Purpose
This policy establishes procedures for the processing of inmates admitted to institutions.

2.0 Staff Affected

All institution employees involved in the processing of new admissions.

3.0 Policy
Correctional Services recognizes that the admission process is an important
function that requires staff to deal with people from all walks of life who are
detained for various reasons. Staff must be aware of the types of people they are
dealing with and their state of mind on admission. In all cases, they have been
denied their freedom. This denial, coupled with withdrawal from alcohol/drugs,
fear, remorse or anxiety, may have psychological impacts. Despite these
conditions, admission into a correctional facility is to be carried out securely,
smoothly, efficiently, expediently and in a safe, courteous and professional
manner.

4.0 Definitions
4.1 A&D: Acronym for "Admission and Discharge”
4.2 CPIC: Canadian Police Information Centre (CPIC) is an RCMP police
database that provides criminal record data to a number of law
enforcement agencies across the country.
4.3 Holding Documents: Legal documents authorizing the admitting and
holding of a person into custody.
4.4 OTIS: Offender Tracking Information System (OTIS) is a computerized
Corrections case management system for storing and updating offender
records.
4.5 TA: A Temporary Absence (TA) is granted for medical or humanitarian
reasons or to facilitate an inmate's rehabilitation and successful
reintegration into the community.

1
 4.6 UAL: Unlawfully at large (UAL) is when an inmate has absconded from a
lawful term of imprisonment while on TA, while residing in a Community
Resource Centre or by not surrendering into custody to serve an
intermittent sentence when ordered by the court.

5.0 Responsibilities
5.1 The superintendent ensures compliance with this policy.
5.2 The superintendent or designate ensures Standing Orders are completed
for the developing of a local Intermittently-Sentenced Agreement Form,
containing both mandatory and institution-specific contents.
5.3 The sergeant is accountable for the overall supervision of the A&D
department.
5.4 The sergeant or designate ensures all holding documents are complete
and legal.
5.5 Correctional officers ensure that all inmates are processed in accordance
with this policy.
5.6 Records staff ensure a final review of all legal documentation is conducted
prior to filing and that related OTIS entries have been accurately
completed.

6.0 Procedures
6.1 Admitting Process
6.1.1 The following procedures apply to all inmates admitted to a
correctional institution including those transferred from another
provincial facility. In addition, all admissions and transfers from
other jurisdictions must be screened to determine if they present a
suicide risk by completing the Suicide Prevention Admission
Checklist form (see Suicide Prevention).
Note: Inmates serving intermittent sentences must be screened
for suicide risk every time they are admitted to serve their
sentences
6.1.2 The sergeant or designate will examine the documents for legality
and completeness (documents must bear an original signature
and date), and ensure that the number of documents and the
number of prisoners coincide. If there is no valid document for a
prisoner, that prisoner will not be admitted and the escorting
police officer advised accordingly.

6.1.3 Inmates are identified by the supporting documentation before the

police escorts remove all restraints. A&D staff conduct frisk

2
 searches and the inmates are placed in a holding cell. At this
point, escorting officers are permitted to leave.

6.1.4 If an inmate claims to be a victim of improper identification and

wrongly incarcerated, the sergeant is immediately notified. The
sergeant must contact the appropriate authorities, (e.g., police,
crown attorney, or justice of the peace, etc.) to resolve the issue.
Occurrence Reports detailing the particulars of the allegation and
the resolution are forwarded to the Superintendent by A&D staff
and the sergeant.
6.1.5 A&D staff accept the inmate's personal property and valuables
and places them in a secure area until the inmate's property is
processed. Money is counted, verified, documented, placed in a
sealed envelope and stored in a secure area designated by the
superintendent (see Inmate Property).

6.1.6 This process also applies to property delivered by police for

inmates already in the institution (see Accepting Property
Delivered by Police).

6.1.7 All inmates are to be recorded or "booked" in OTIS (see OTIS

Booking Information).
a. Prior to entering an inmate or a legal document in OTIS, staff
must conduct a global search to initiate the OTIS admission
to custody and assign the inmate to an institution (see
Institutions OTIS Operational Guide - Admission - Search).
i. If after a thorough search, no match is found, the inmate
is then considered a new admit.
b. All legal documents relating to the inmate are then entered
into OTIS.
6.2 Admitting Inmates with Holding Documents
6.2.1 Any one of the following documents authorizes an inmate's
admission to custody:
a. Affidavit Re: Arrest in Ontario for Indictable Offence Allegedly
Committed in Canada Outside the Province of Ontario (six
day hold)
b. CPIC - for a period of 24 hours (see Police LockUp)
c. Detention Order Under the Immigration Act
d. Detention Order, if a court date is indicated
e. Parole Board of Canada - Warrant of Apprehension

3
 f. Ontario Parole Board Suspension Warrant (see Faxed
Copies of Warrants of Committal and Parole Warrants)
g. Order after Review under the Youth Criminal Justice Act; if
there is an endorsement that the young person is to be held
in adult custody (see Guidelines for Admission and Release
Documents - Admission Documents - Young Person).
6.2.2 Order of Committal – Extradition Act
6.2.3 Order of Committal - Warrant of Surety (to appear at the next
sittings of the court)
6.2.4 Remand Warrant
6.2.5 Warrant Authorizing Apprehension or Notice of Suspension under
the Youth Criminal Justice Act, if the young person had been
released to supervision from an adult facility
6.2.6 Warrant of Committal (see Faxed Copies of Warrants of
Committal and Parole Warrants)
6.2.7 Warrant of Committal to Custody under the Youth Criminal Justice
Act, if the young person is 20 years of age or older
6.2.8 Warrant Remanding a Young Person under the Youth Criminal
Justice Act, if the young person is aged 20 or younger.
6.2.9 Note: Each of the above documents must be dated and signed by
either a peace officer, a member of the judiciary, a Clerk of the
Court or in the case of a Warrant Authorizing Apprehension or
Notice of Suspension under the YCJA, a Provincial Director (see
Guidelines for Admission and Release Documents - Admission
Documents - Young Person).
6.3 Admitting Inmates Without Holding Document
6.3.1 Institutions may also admit a person into custody without a
warrant of committal, an order for remand or other judicial
document where:
a. the person is delivered by provincial bailiffs for temporary
detention at the institution:
b. the person is delivered to the institution by police after being
apprehended for an alleged breach of a temporary absence
(permit);
c. the institution is designated as a police lockup;
d. the person is an inmate who surrenders from Appeal Bail; or
e. the person is an inmate surrenders from a Temporary
Absence

4
6.4 Police Lock-Up
6.4.1 The Minister may designate a correctional institution for use by a
municipality as a lockup. Currently every institution that
accommodates remanded inmates is designated as a lockup.
Persons are accepted and processed as follows:
a. appropriate entries are made in both the logbook and OTIS;
b. police may leave lockup prisoners in our care up to a
maximum of 24 hours, and may remove lockup prisoners at
any time;
c. lock-up prisoners are given an institution number and placed
on the institution count.
d. Following a conversation with the police officer presenting the
lockup prisoner, the sergeant determines if a 24 hour lock-up
will be accepted and then documents the reasons in the
logbook (see Guidelines for Admission and Release
Documents - Admission Documents - Other Reasons for
Admission – Lock-Up).
e. All lock-up prisoners are to be searched in the presence of
the escorting police officers.
f. The institution will not accept lock-up prisoners who need
immediate medical attention. The police are to be advised to
have the prisoner's immediate medical needs addressed at
an accredited community medical facility and provide
documentation from that facility confirming that the prisoner's
immediate medical needs have been addressed.
6.5 Surrender from Appeal Bail
6.5.1 An inmate who has been released on bail pending appeal may be
required to surrender into custody the day before the hearing.
Upon surrender, the inmate may present a signed copy of the
Recognizance of Bail and/or the Ontario Court of Appeal
document that authorized his release (see Guidelines for
Admission and Release Documents - Admission Documents -
Other Reasons for Admission - Surrender from Appeal Bail).
a. This document is not necessary to admit the inmate. However
a thorough check of OTIS must be completed to ensure that
the inmate was previously released from a provincial facility
on bail pending appeal.
b. If the inmate's name is not found the inmate is asked what
institution he/she was released from and that facility is called
to confirm that the inmate was released on bail pending
appeal.

5
 c. The inmate may indicate that he was released on bail
pending appeal from a court or a penitentiary. In this situation
staff must gather as much information as possible to ensure
the veracity of the information provided by the inmate.
6.6 Surrender from a Temporary Absence
6.6.1 An inmate may surrender into custody while on a Temporary
Absence (TA). A TA is only effective between the dates shown on
the permit. If the inmate cannot return to the releasing facility at
the designated date and time, the inmate may surrender to the
nearest custody facility. A thorough check of OTIS must be made
to confirm the inmate's TA status and to determine which facility
released him/her. The releasing facility must immediately be
notified that the inmate has been admitted.
6.6.2 An inmate may also surrender prior to the expiry date of the
absence if the inmate feels that he/she is unable to comply with
the conditions of the permit. (See Guidelines for Admission and
Release Documents - Admission Documents - Other Reasons for
Admission - Temporary Absence Permit).
6.7 Admitting Foreign Nationals
6.7.1 All persons with other than Canadian citizenship are to be advised
upon admission of their right to contact their consulate (see
Vienna Convention on Consular Relations).
6.8 Admitting Immigration Detainees
6.8.1 Admitting immigration detainees is normally permitted only during
operating hours for A&D (i.e.; 0600 hours to 2200 hours during
the week and 0900 hours to 1800 hours on weekends). Canadian
Border Services Agency staff seeking to admit a detainee at any
other time must obtain the prior approval of the sergeant.
6.8.2 During time periods where A&D are not staffed, admitting
immigration detainees will be at the discretion of the sergeant and
only when the sergeant believes it is a matter of absolute
necessity and the admission cannot otherwise be accommodated
(see Guidelines for Admission and Release Documents -
Admission Documents - Adult Inmates - Order for Detention
Under the Immigration and Refugee Protection Act).
Note: The Canadian Border Service advises that, if information is
required about an Immigration Warrant after business hours or on
weekends, the Immigration Warrant Response Centre can be
contacted at 613-954-2344.

6
6.9 Admitting Intermittently Sentenced Inmates
6.9.1 The Notice of Offender Serving Intermittent Sentence form is
completed for all inmates serving intermittent sentences when
they are first admitted to an institution. Records staff forward the
form to the OPP for entry on CPIC. A copy of the form is placed in
the inmate's file. The records staff advises the OPP of any
changes in the inmate's discharge date (see Guidelines for
Admission and Release Documents - Admission Documents -
Adult Inmates - Intermittent Sentences).
6.9.2 Institutions that accommodate intermittently sentenced inmates
are to have developed a local Intermittently Sentenced Agreement
Form. The Intermittently Sentenced Agreement Form will be filled
out for all intermittently sentenced inmates when they are first
admitted for processing. These forms will be signed by both the
inmate and a staff member; with the original being placed on the
inmates file and a copy being given to the inmate. At a minimum,
the Intermittent Sentence Agreement will contain the following:
a. Total sentence length;
b. Name and address of institution the inmate is required to
report to;
c. Reporting and release times;
d. Notice that smoking is prohibited on institutional property;
e. Requirement to report free from the effects of alcohol and
non-prescribed drugs;
f. Consequences for noncompliance to institutional rules,
including loss of remission, suspension of eligibility to earn
remission and possible additional criminal charges;
g. Institution specific information such as where to report upon
arrival, vehicle parking, limitations on personal possessions
when reporting etc.
6.10 Rules of Civil Procedure Admissions
6.10.1 Although the Ministry strives to apply consistent sentence
administration procedures regarding all inmates subject to
warrants of committal, it is necessary to adopt a case-by-case
approach in administering these types of sentences.
6.10.2 If an inmate admitted to custody has been sentenced to a term of
imprisonment for Contempt of Court, either Criminal or Civil, or is
admitted to custody under any warrant of committal issued under
the Rules of Civil Procedure, Records staff will obtain the
sentencing transcript. Before taking any applications for

7
 unescorted Temporary Absences or parole, or determining a
release date, the Sentence Advisor must be contacted to
determine the inmate's eligibility/legal status (see Guidelines for
Admission and Release Documents - Admission Documents -
Adult Inmates - Warrant of Committal Issued by a Civil Court).
6.11 Admitting Unlawfully-at-Large Recaptures
6.11.1 An unlawfully-at-large (UAL) inmate can be admitted to a jail or
detention centre on the strength of a CPIC message provided by
the police. The original Warrant of Committal must be obtained as
soon as possible from the institution last holding the inmate.
6.11.2 Reasonable efforts should be made to verify which institution the
inmate is unlawfully-at-large from and determine if the original
sentence is valid. An inmate charged with UAL will not be
released on bail or fine paid prior to clarifying the sentence related
to the UAL charge.
6.11.3 When an Intermittently sentenced inmate who is UAL is
apprehended when he/she is not scheduled to be in custody the
admission must be on the strength of a Warrant of Remand or as
a police lockup. This is necessary as the original warrant
authorizes detention only at designated times.
6.11.4 UAL inmates from outside Ontario can be admitted as police lock-
ups for up to 24 hours. It is the responsibility of the police, within
the 24 hour period, to obtain a Six Day Hold pending execution of
the Warrant of Arrest. Should the police fail to execute the
Warrant of Arrest within the 6 days, the Superintendent must
release the inmate after notifying the police.
6.11.5 Federal inmates who are UAL from a federal facility in Ontario can
be held in a jail or detention centre "until the earliest time at which
they can be returned to a penitentiary." A CPIC message is
acceptable confirmation that an inmate is an escapee or is UAL.
After admitting the inmate and reviewing the CPIC message,
records staff contact the local Correctional Services Canada
Parole Office to confirm the inmate's status.
6.11.6 If UAL inmate is admitted with additional charges, he/she may be
held on the strength of those charges alone. However, the
required procedures and notifications relevant to a UAL inmate
must be followed.
6.12 Police Forms
6.12.1 The OPP will present a form entitled Prisoner Report and Prisoner
Security Check to A&D staff each time they bring an inmate to an
institution. Some of the information contained in this form may be

8
 crucial in placement and management decisions. Other police
agencies may have adopted similar forms.
6.12.2 When the OPP and other police agencies present these types of
forms together with the inmate, A&D staff will accept the forms,
ensure that any relevant information is recorded in OTIS, advise
the sergeant of any concerns and place the forms in the inmate's
file. To maintain confidentiality medical information will not be
recorded on OTIS. The sergeant will, in turn, advise/copy other
departments within the institution as appropriate (i.e., health care,
classification).
6.12.3 These forms do not replace any of the Correctional Services
mandatory forms (i.e., Personal Property Declaration, etc.) but will
serve as additional information sources.
6.13 Inmate Orientation
6.13.1 All new arrivals, especially Inmates admitted for the first time, or
inmates with a lengthy gap since their last period of incarceration
will be provided with basic information concerning the following:
a. Institution expectations concerning rules and regulations;
b. Inmate rights, duties and entitlements;
c. Property retrieval in the event the inmate is released at court;
d. The availability of French language services (FLS) and
interpreter services.
6.13.2 All inmates will be notified that further information can be found in
the Inmate Information Guide, which can be accessed or
requested upon arriving at their living unit.
6.13.3 A summary (table of contents) of the Inmate Information guide will
be posted in a conspicuous place within the A&D area of the
institution.
6.14 Personal Property and Clothing
6.14.1 For information about inmate property, see Inmate Property.
6.14.2 For information about inmate personal clothing exchanges, see
Personal Clothing Exchanges.
6.14.3 Contaminated or heavily soiled clothing is placed in a water-
resistant plastic bag, sealed, labelled with inmate's name and
institution number. If arrangements cannot be made to release the
clothing to relatives and have a clothing change brought in one of
the following will apply:
a. Dry cleaning may be done with the cost assumed by the
inmate.

9
 b. The inmate may submit an Inmate Request to have a
volunteer agency (e.g., the Salvation Army) assist in having
the clothing dry-cleaned.
c. If laundry facilities are available, clothing is washed.
d. If it is not practical or feasible to have the clothing cleaned it
will be stored in the plastic bag in a secure area designated,
by the Superintendent, for contaminated clothing.
6.15 Prescribed Drugs and Non Prescribed Drugs
6.15.1 Legally prescribed medication in the possession of inmates on
admission will be entered on the inmate's Personal Property
Declaration. Staff will record the prescription number, type if
known, colour and quantity. The medication is given to the health
care staff who will determine its disposition. They may direct that it
be placed in the inmate's property.
6.15.2 If marijuana is found during the search and the inmate claims that
he/she has been prescribed it for medical reasons health care
staff must be consulted. The health care staff, in consultation with
the Senior Medical Consultant, will determine if the inmate has
been granted an "Authorization to Possess" marijuana for medical
purpose(s). If he/she does it will be stored in a safe, secure area
designated by the Superintendent. If, however, the inmate does
not have an "Authorization to Possess", the marijuana will be
disposed of in the approved manner (see Seizure and Disposal of
Contraband Drugs).
6.15.3 Illegal or unlawfully obtained drugs in an inmate's possession are
retained by the officer finding the drugs until he/she places them
in exhibit containers. The officer finding the contraband retains the
key for the container to ensure continuity of evidence (see Seizure
and Disposal of Contraband Drugs).

).

10
6.17 Searches
6.17.1 Every inmate and his/her property must be thoroughly searched
upon admission. For further information, see Searches, Searches
of Transgender and Intersex Inmates, BOSS Chair.
6.17.2

6.17.4 Upon completion of the search, the inmate is allowed to shower

and is issued institutional clothing, toiletries, towel and bedding.
6.17.5 All searches must be recorded in the A&D search logbook.
6.17.6 Unusual weapons, unusual hiding places for weapons or items
discovered during the admission process are to be reported to the
Manager, Provincial Emergency Response and Security Unit
(PERSU).
6.18 Assistive Devices
6.18.1 Inmates wearing medically prescribed or approved prosthetic,
orthotic or orthopaedic devices will be permitted to retain them,

11
 both in the institution and on transfer, unless there are medical
grounds or compelling reasons to the contrary that undermine
personal or institutional safety (see Assistive Devices).
6.18.2 When an inmate is admitted with such a device, A&D staff will
consult with health care staff prior to the inmate's placement
regarding any special medical precautions to be taken.
6.18.3

6.19 Behavioural Observations

6.19.1 It is the responsibility of staff to document behavioural
observations for all inmates so that the identification and reporting
of possible abnormal responses can be investigated. These
observations are recorded on the appropriate OTIS screens.
6.19.2 It is not uncommon for inmates admitted into custody to be under
the influence of alcohol and/or drugs. Although the smell of
alcohol may not be evident, there are a number of behavioural
signs that may indicate intoxication (e.g., slurred speech, balance
problems, etc.). Continuous observations may reveal behaviour
changes that will further support suspicions of intoxication.
6.19.3 The escorting police may provide verbal or documented
information regarding security or suicide/mental health status.
This and any other relevant information are recorded on Offender
Tracking Information System and the necessary staff notified.
6.19.4 Any of these indicators will be reported immediately to the
sergeant or designate and/or to Health care staff. To document
the observations/information an Occurrence Report is prepared as
soon as practical and forwarded to the Superintendent.

6.20 Communicable Diseases

6.20.1 All staff are reminded to exercise universal precautions when in
contact with inmates.
6.20.2 Health care staff determine any necessary medical precautions
and related procedures.
a. If the inmate or the escorting police indicate that the inmate
has a communicable disease, the inmate is to be referred to
health care staff.

12
 b. If health care staff are not available, the sergeant is to be
contacted regarding placement of the inmate in
segregation/health care cells.
c. In the event of serious medical concerns, the Health Care
Coordinator and On-Call Administrator are to be contacted.
d. Where a communicable disease is suspected, a thorough
health care assessment assists in determining the
precautions required to manage the inmate, either in general
population, medical segregation or, if clinically necessary, in a
health care bed or by transfer to a community hospital.
6.21 Injuries Upon Admission
6.21.1 Correctional Services facilities will not accept 24 hour lockups
requiring immediate medical attention (see Police LockUp).
6.21.2 The following procedures apply when an inmate is admitted with
injuries:
a. See Digital Images of Inmates Upon Admission - Injuries and
Damage for procedures on taking images of inmates admitted
with injuries.
b. A&D staff must take images of an injury, including bruises,
cuts and abrasions. The images are stored on a disk. If an
inmate is violent or uncooperative, the procedure can be
delayed until the inmate is calm;
c. The disk is placed in a sealed envelope and the following
information is recorded on the front of the envelope:
i. time and date;
ii. inmate's name and institution number; and
iii. the signature of the staff member taking the image
together with his/her clearly printed name.
d. The inmate will be asked to give a statement as to how, when
and where the injuries were received. If the inmate alleges
that police were involved, A&D staff will advise the inmate not
to provide any details as this may compromise any complaint
that the inmate may have about the actions of the police. If
the inmate wishes to complain, the employee will determine
the police agency involved, advise the inmate of the
appropriate complaint process and assist the inmate in
obtaining the address (see Inmate Complaints).
e. The employee will submit an Occurrence Report recording
that the inmate alleges that the injuries involved the police,
the name of the police service involved, any information given

13
 to the inmate about the complaint process and the name
and/or badge number of the police officer, if provided by the
inmate. An Accident and Injury Report will also be submitted
but will contain only a statement that the inmate alleges that
police caused the injuries. All other sections of the form,
except Part 1, will remain blank.
f. If the injuries did not involve police. the inmate's statement
will be recorded on an Accident and Injury Report. The report
will be signed by the inmate and witnessed by the staff
member preparing the report. If the inmate refuses to sign, an
appropriate entry is made in the A&D logbook and
documented in an Occurrence Report;
g. The inmate is referred to health care for
examination/treatment;
h. A&D staff will record the names/badge numbers of escorting
police/court security officers, the police service and
detachment/division in the logbook and in the respective
Occurrence Reports;
i. The printed full colour images, the completed Accident and
Injury Report and a copy of the logbook entry are forwarded
to the sergeant for attachment to his/her report. The original
Accident and Injury Report is forwarded to the inmates file
and a copy is submitted to health care for inclusion in the
inmate's health care record.

7.0 Authority
Ministry of Correctional Services Act; ref. "Functions of Ministry"; "Admissions
and Transfers"; and "Use of Correctional Institution Lock-Up”
Regulations under the Ministry of Correctional Services Act; ref. "Duties of
Superintendent, Health care Professionals, Employees"; "Admission to
Institution"; and "Searches”
Criminal Code of Canada, ref. "Imprisonment”
Freedom of Information and Protection of Personal Privacy Act, ref. "Collection
and Retention of Personal Information”
8.0 Related Documents
Refer to Inmate Information Guide

9.0 Revision History

Date Description of Change Reference Section(s)

14
August 19, 2014 A link to the Searches of Transsexual 6.17.1
and Intersex Inmates policy changed
to Searches of Transgender and
Intersex Inmates to reflect policy
name change
December 24, 2012 Reviewed and placed into new format All
Operational Manager changed to All
Sergeant
National Parole Board changed to 6.2.1
Parole Board of Canada
Added all institutions accommodating 6.4.1
remanded inmates are designated as
police lockups
Standardization of local Intermittently 6.9.2
Sentenced Agreement Forms
Added Inmate Orientation section 6.13
Ministerial Exemption changed to 6.15.2
Authorization to Possess
Inmate Information Guide added to 8.0
related documents

15
Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Release Date:
Inmate Management January 2011
Sub-Section:
Admitting

Admitting
Policy
Correctional Services recognizes that the admission process is an important function that requires staff to deal with
people from all walks of life who are detained for various reasons. Staff must be aware of the types of people they are
dealing with and their state of mind on admission. In all cases, they have been denied their freedom. This denial,
coupled with withdrawal from alcohol/drugs, fear, remorse or anxiety, may have psychological repercussions. Despite
these conditions, the following procedures shall be carried out securely, smoothly, efficiently, expediently and in a safe,
courteous and professional manner.

Authority
Ministry of Correctional Services Act; ref. "Functions of Ministry"; "Admissions and Transfers"; and "Use of Correctional
Institution Lock-Up"

Regulations under the Ministry of Correctional Services Act; ref. "Duties of Superintendent, Health Care Professionals,
Employees"; "Admission to Institution"; and "Searches"

Criminal Code of Canada, ref. "Imprisonment"

Freedom of Information and Protection of Personal Privacy Act, ref. "Collection and Retention of Personal Information"

Legal Authority for Holding Inmates

Any one of the following documents authorize an inmate’s admission to custody:

 Warrant of Committal (see Facsimiles of Warrants)

 Remand Warrant
 Order of Committal - Extradition Act
 Detention Order Under the Immigration Act

Further information on these and other types of legal authorities for holding inmates can be found in the
document Guidelines for Admission and Release Documents.

Note: The Canadian Border Service advises that, if information is required about an Immigration Warrant after
business hours or on weekends, the Immigration Warrant Response Centre can be contacted at 613-954-2344.

 CPIC (Canadian Police Information Centre) (for a period of 24 hours)

 Affidavit Re: Arrest in Ontario for Indictable Offence Allegedly Committed in Canada Outside the Province of
Ontario (six day hold)
 Order of Committal - Warrant of Surety (to appear at the next sittings of the court)
 Detention Order, if a court date is indicated
16
  Ontario Parole Board Suspension Warrant (see Facsimiles of Warrants)
 National Parole Board – Warrant of Apprehension
 Warrant Remanding a Young Person under the Youth Criminal Justice Act, if the young person is aged 20 or
older
 Warrant of Committal to Custody under the Youth Criminal Justice Act, if the young person is 20 years of age
or older
 Warrant Authorizing Apprehension or Notice of Suspension under the Youth Criminal Justice Act, if the young
person had been released to supervision from an adult facility
 Order after Review under the Youth Criminal Justice Act, if there is an endorsement that the young person is to
be held in adult custody (see Guidelines for Admission and Release Documents, Admission Documents -
Young Person).

Each of these documents must be dated and signed by either a peace officer, a member of the judiciary, a Clerk of the
Court or in the case of a Warrant Authorizing Apprehension or Notice of Suspension under the YCJA, a Provincial
Director (see Guidelines for Admission and Release Documents, Admission Documents - Young Person).

Institutions will also admit a person into custody without a warrant of committal, an order for remand or other judicial
document where:

 the person is delivered by Provincial Bailiffs for temporary detention in the institution;
 the person is delivered to the institution after being apprehended for an alleged breach of a temporary absence
permit;
 the institution is designated a lock-up;
 an inmate surrenders from Appeal Bail; or
 an inmate surrenders from a Temporary Absence.

Police Lock-Up
Every jail and detention centre has been designated as a lock-up. Lock-up prisoners are accepted and processed as
follows:

 appropriate entries are made in both the logbook and the Offender Tracking Information System (OTIS);
 police may leave lock-up prisoners in our care up to a maximum of 24 hours, and may remove lock-up
prisoners at any time; and
 lock-up prisoners are given an institution number and placed on the institution count.

Following a conversation with the police officer presenting the lock-up prisoner, the Operational Manager determines if
a 24-hour lock-up will be accepted and documents the reasons in the logbook (see Guidelines for Admission and
Release Documents, Admission Documents, Other Reasons for Admission, Lock Up).

All lock-up prisoners will be searched in the presence of the escorting police officers.

The institution will not accept lock-up prisoners who need immediate medical attention. The police will be advised to
have the prisoner’s immediate medical needs addressed at an accredited community medical facility and provide
documentation from that facility confirming that the prisoner’s immediate medical needs have been addressed.

Surrender from Appeal Bail

An inmate who has been released on bail pending appeal may be required to surrender into custody the day before the
hearing. Upon surrender, the inmate may present a signed copy of the Recognizance of Bail and/or the Ontario Court of
Appeal document that authorized his release (see Guidelines for Admission and Release Documents, Admission
Documents, Other Reasons for Admission, Surrender from Appeal Bail).

This document is not necessary to admit the inmate. However a thorough check of OTIS must be completed to ensure
that the inmate was previously released from a provincial facility on bail pending appeal. If the inmate’s name is not

17
found the inmate is asked what institution he/she was released from and that facility is called to confirm that the inmate
was released on bail pending appeal.

The inmate may indicate that he was released on bail pending appeal from a court or a penitentiary. In this situation
staff must gather as much information as possible to ensure the veracity of the information provided by the inmate.

Surrender from a Temporary Absence

An inmate may surrender into custody while on a Temporary Absence (TA). A TA is effective between the dates shown
on the permit only. If the inmate cannot return to the releasing facility at the designated date and time, he/she may
surrender to the nearest custody facility. A thorough check of OTIS must be made to confirm the inmate's TA status and
to determine which facility released him/her. The releasing facility must immediately be notified that the inmate has
been admitted. An inmate may also surrender prior to the expiry date of the absence if he/she feels that compliance
with the conditions of the permit is no longer possible (see Guidelines for Admission and Release Documents,
Admission Documents, Other Reasons for Admission, Temporary Absence Permit).

Inmates Admitted with Unlawfully-at-Large Charges

An unlawfully-at-large (UAL) inmate can be admitted to a jail or detention centre on the strength of a CPIC message
provided by the police. The original Warrant of Committal must be obtained as soon as possible from the institution last
holding the inmate.

Reasonable efforts should be made to verify which from institution the inmate is unlawfully-at-large and determine if the
original sentence is valid. An inmate charged with UAL will not be released on bail or fine paid prior to clarifying the
sentence related to the UAL charge.

When an Intermittently sentenced inmate who is UAL is apprehended when he/she is not scheduled to be in custody
the admission must be on the strength of a Warrant of Remand or as a police lock-up. This is necessary as the original
warrant authorizes detention only at designated times.

UAL inmates from outside Ontario can be admitted as police lock-ups for up to 24 hours. It is the responsibility of the
police, within the 24-hour period, to obtain a Six Day Hold pending execution of the Warrant of Arrest. Should the police
fail to execute the Warrant of Arrest within the 6 days, the Superintendent must release the inmate after notifying the
police.

Federal inmates who are UAL from a federal facility in Ontario can be held in a jail or detention centre “until the earliest
time at which they can be returned to a penitentiary.” A CPIC message is acceptable confirmation that an inmate is an
escapee or is UAL. After admitting the inmate and reviewing the CPIC message, Records Staff contact the local
Correctional Services Canada Parole Office to confirm the inmate’s status.

If UAL inmate is admitted with additional charges, he/she may be held on the strength of those charges alone. However,
the required procedures and notifications relevant to a UAL inmate must be followed.

Inmates Admitted Under the Rules of Civil Procedure

Although the Ministry strives to apply consistent sentence administration procedures regarding all inmates subject to
warrants of committal, it is necessary to adopt a case-by-case approach in administering these types of sentences.

If an inmate admitted to custody has been sentenced to a term of imprisonment for Contempt of Court, either Criminal
or Civil, or is admitted to custody under any warrant of committal issued under the Rules of Civil Procedure, Records
staff will obtain the sentencing transcript. Before taking any applications for unescorted Temporary Absences or parole,
or determining a release date, the Sentence Advisor must be contacted to determine the inmate’s eligibility/legal status
(see Guidelines for Admission and Release Documents, Admission Documents - Adult Inmates, Warrant of Committal
Issued by a Civil Court).

18
Admitting Immigration Detainees
Admitting immigration detainees is normally permitted only during operating hours for Admitting and Discharge (i.e.;
0600 hours to 2200 hours during the week and 0900 hours to 1800 hours on weekends). Canadian Border Services
Agency staff seeking to admit a detainee at any other time must obtain the prior approval of the Operational Manager.

Admitting immigration detainees when Admitting and Discharge is not staffed is at the discretion of the Operational
Manager and only when, in his/her opinion, it is a matter of absolute necessity and the admission cannot otherwise be
accommodated (see Guidelines for Admission and Release Documents, Admission Documents - Adult Inmates, Order
for Detention Under the Immigration and Refugee Protection Act).

Procedures
The following procedures apply to all inmates admitted to a correctional institution including those transferred from
another provincial facility. In addition, all admissions and transfers from other jurisdictions must be screened to
determine if they present a suicide risk by completing the "Admission Checklist" form (see Suicide Prevention).

Note: Inmates serving intermittent sentences must be screened for suicide risk every time they are admitted to serve
their sentences.

Admitting Process
The Operational Manager or designate will examine the documents for legality and completeness (documents must
bear an original signature and date), and ensure that the number of documents and the number of prisoners coincide. If
there is no valid document, for a prisoner, that prisoner will not be admitted and the escorting police officer advised
accordingly.

Inmates are identified by the supporting documentation before the police escorts remove all restraints. Admitting and
Discharge (A&D) staff conduct frisk searches and the inmates are placed in a holding cell. At this point, escorting
officers are permitted to leave.

A&D staff accept the inmate’s personal property and valuables and places them in a secure area until the inmate’s
property is processed. Money is counted, verified, documented, placed in a sealed envelope and stored in a secure
area designated by the Superintendent (see Inmate Property).

This process also applies to property delivered by police for inmates already in the institution (see Accepting Property
Delivered by Police).

OTIS Record Search

When an inmate is admitted to custody, a global search is mandatory to initiate the OTIS admission to custody and
assign the inmate to an institution (see OTIS Record Search).

Police Forms
The OPP will present the forms entitled Prisoner Report and Prisoner Security Check to A&D staff each time they bring
an inmate to one of our institutions. Some of the information contain in these forms may be crucial in placement and
management decisions. Other police agencies may have adopted similar forms.

When the OPP and other police agencies present these types of forms together with the inmate, A&D staff will accept
the forms, ensure that any relevant information is recorded in OTIS, advise the Operational Manager of any concerns
and place the forms in the inmate's file. To maintain confidentiality medical information will not be recorded on OTIS.
The Operational Manager will, in turn, advise/copy other departments within the institution as appropriate (i.e., Health
Care, Classification).

19
These forms do not replace any of the Correctional Services mandatory forms (i.e., Personal Property Declaration, etc.)
but will serve as additional information sources.

Allegation of Wrong Identification

If, on admission, an inmate claims to be a victim of improper identification and wrongly incarcerated, the Operational
Manager is immediately notified. The Operational Manager must contact the appropriate authorities, (e.g., police, crown
attorney, or justice of the peace, etc.) to resolve the issue. Occurrence Reports detailing the particulars of the allegation
and the resolution are forwarded to the Superintendent byA&D staff and the Operational Manager.

Inmates Serving Intermittent Sentences

The Notice of Offender Serving Intermittent Sentence form is completed for all inmates serving intermittent sentences
when they are first admitted to an institution. Records staff forward the form to the OPP for entry on CPIC. A copy of the
form is placed in the inmate's file. The records staff advises the OPP of any changes in the inmate's discharge date
(see Guidelines for Admission and Release Documents, Admission Documents - Adult Inmates - Intermittent
Sentences).

Foreign Nationals
All persons with other than Canadian citizenship are to be advised upon admission of their right to contact their
consulate (see Vienna Convention on Consular Relations).

Inmates Wearing Assistive Devices

Inmates wearing medically prescribed or approved prosthetic, orthotic or orthopaedic devices will be permitted to retain
them, both in the institution and on transfer, unless there are medical grounds or compelling reasons to the contrary that
undermine personal or institutional safety (see Assistive Devices).

When an inmate is admitted with such a device, A&D staff will consult with Health Care staff prior to the inmate's
placement regarding any special medical precautions to be taken.

20
It is important to recognize that contraband may be concealed in a prosthetic appliance. Therefore, when admitting an
inmate wearing such a device, the Operational Manager must be satisfied that it does not pose a threat to personal or
institutional safety.

Processing Inmate Property

A&D staff complete the Personal Property Declaration form to record the particulars of an inmate's clothing, personal
effects, valuables and monies (see Inmate Property).

Prescribed Drugs
Legally prescribed medication in the possession of inmates on admission will be entered on the inmate's Personal
Property Declaration. Staff will record the prescription number, type if known, colour and quantity. The medication is
given to the Health Care staff who will determine its disposition. They may direct that it be placed in the inmate's
property.

If marijuana is found during the search and the inmate claims that he/she has been "prescribed" it for medical reasons
health care staff must be consulted. The Health Care staff, in consultation with the Senior Medical Consultant, will
determine if the inmate has been granted a "ministerial exemption" to possess marijuana. If he/she does it will be stored
in a safe, secure area designated by the Superintendent. If, however, the inmate does not have a "ministerial
exemption" the marijuana will be disposed of in the approved manner (see Seizure and Disposal of Contraband Drugs).

Behavioural Observations
It is the responsibility of staff to document behavioural observations for all inmates so that the identification and
reporting of possible abnormal responses can be investigated. These observations are recorded on the appropriate
OTIS screens.

It is not uncommon for inmates admitted into custody to be under the influence of alcohol and/or drugs. Although the
smell of alcohol may not be evident, there are a number of behavioural signs that may indicate intoxication (e.g., slurred
speech, balance problems, etc.). Continuous observations may reveal behaviour changes that will further support
suspicions of intoxication.

The escorting police may provide verbal or documented information regarding security or suicide/mental health status.
This and any other relevant information are recorded on Offender Tracking Information System and the necessary staff
notified.

Any of these indicators will be reported immediately to the Operational Manager or designate and/or to Health Care
staff. To document the observations/information an Occurrence Report is prepared as soon as practical and forwarded
to the Superintendent.

Searches
Every inmate and their property must be thoroughly searched upon admission (see Searches). The following
procedures apply:

a. the inmate is completely stripped and the body examined for contraband,

b.

21
 c. clothing is recorded on the Personal Property Declaration and stored in the designated area (see Inmate
Property);
d. an inmate who refuses to be searched may be placed in segregation until prepared to be searched, or until
there is no longer a need to search the inmate;
e. an internal body search may only be conducted by a health care professional and with the written consent of
the inmate (see Body Cavity Search); and
f. the inmate is allowed to shower and is issued institutional clothing, a comb, toothbrush, towel and bedding,

All searches must be recorded in the A&D search logbook.

Note: Unusual weapons, unusual hiding places for weapons or items discovered during the admission process are to
be reported to the Manager, Correctional Investigation and Security Unit (see Reporting).

Contraband Drugs
Illegal or unlawfully obtained drugs in an inmate's possession are retained by the officer finding the drugs until he/she
places them in exhibit containers. The officer finding the contraband retains the key for the container to ensure
continuity of evidence (see Seizure and Disposal of Contraband Drugs).

Inmates with Communicable Diseases

If the inmate or the escorting police indicate that the inmate has a communicable disease he/she is referred to Health
Care staff. If Health Care staff are not available, the Operational Manager is contacted regarding placement of the
inmate in segregation/health care cells. In the event of serious medical concerns, the Health Care Co-ordinator or on-
call administrator is contacted.

Where a communicable disease is suspected, a thorough health care assessment assists in determining the
precautions required to manage the inmate, either in general population, medical segregation or, if clinically necessary,
in a health care bed or by transfer to a community hospital.

Health Care staff determine any necessary medical precautions and related procedures.

All staff are reminded to exercise universal precautions when in contact with inmates.

Contaminated Clothing
Contaminated clothing is placed in a water-resistant plastic bag, sealed, labelled with inmate's name and institution
number. If arrangements cannot be made to release the clothing to relatives and have a clothing change brought in one
of the following will apply:

1. Dry cleaning may be done with the cost assumed by the inmate.
2. The inmate may submit an Inmate Request to have a volunteer agency (e.g., the Salvation Army) assist in
having the clothing dry-cleaned.
3. If laundry facilities are available, clothing is washed.
4. If it is not practical or feasible to have the clothing cleaned it will be stored in the plastic bag in a secure area
designated, by the Superintendent, for contaminated clothing.

Replacement Clothing
Inmates whose clothing, when admitted, is damaged, contaminated, inappropriate for attending court, (e.g., beachwear,
etc.) or has been retained/taken by the police for evidentiary reasons will be advised that they can ask a family member
or friend to bring a clothing change to the institution. (See Personal Clothing Exchanges)

The inmate will also be advised that, if no-one is able to bring a change of clothing to the institution, he/she can submit
an Inmate Request to have a volunteer agency (e.g., the Salvation Army) assist in providing clothing.

22
Inmates Admitted with Injuries
Correctional Services facilities will not accept 24-hour lock-ups requiring immediate medical attention (see Police Lock-
Up).

The following procedures apply when an inmate is admitted with injuries:

1. A&D staff must take images of an injury, including bruises, cuts and abrasions. The images are stored on a
disk. If an inmate is violent or uncooperative, the procedure can be delayed until the inmate is calm (see Digital
Images of Inmates);
2. The disk is placed in a sealed envelope and the following information is recorded on the front of the envelope:
a. time and date;
b. inmate's name and institution number; and
c. the signature of the staff member taking the image together with his/her clearly printed name.
3. The inmate will be asked to give a statement as to how, when and where the injuries were received. If the
inmate alleges that police were involved A&D staff will advise the inmate not to provide any details as this may
compromise any complaint that he/she may have about the actions of the police. If the inmate wishes to
complain, the employee will determine the police agency involved, advises the inmate of the appropriate
complaint process and assists the inmate in obtaining the address (see Complaints About Police).

The employee will submit an Occurrence Report recording only that the inmate alleges that the injuries involved
the police, the name of the police service and any information given to the inmate about the complaint process.
If the inmate provides the name and/or badge number of the police officer it will be recorded on the Occurrence
Report. An Accident and Injury Report will also be submitted but will contain only a statement that the inmate
alleges that police caused the injuries. All other sections of the form, except Part 1, will remain blank.

4. If the injuries did not involve police the inmate's statement will be recorded on an Accident and Injury Report.
The report will be signed by the inmate and witnessed by the staff member preparing the report. If the inmate
refuses to sign, an appropriate entry is made in the A&D logbook and documented in an Occurrence Report;
5. The inmate is referred to Health Care for examination/treatment;
6. A&D staff will record the names/badge numbers of escorting police/court security officers, the police service
and detachment/division in the logbook and in the respective Occurrence Reports;
7. The printed full colour images, the completed Accident and Injury Report and a copy of the logbook entry are
forwarded to the Operational Manager for attachment to his/her report. The original Accident and Injury Report
is forwarded to Health Care for inclusion in the inmate's Health Care Record.

23
 Ministry of Institutional Services
Community Safety
Policy and Procedures Manual
(
and Correctional Services £?ontario
Section: Release Date:
Inmate Management December 24, 2012
Sub Section:
Admitting

Admitting
1.0 Purpose
This policy establishes procedures for the processing of inmates admitted to institutions.

2.0 Staff Affected

All institution employees involved in the processing of new admissions.

3.0 Policy
Correctional Services recognizes that the admission process is an important function that requires staff to
deal with people from all walks of life who are detained for various reasons. Staff must be aware of the
types of people they are dealing with and their state of mind on admission. In all cases, they have been
denied their freedom. This denial, coupled with withdrawal from alcohol/drugs, fear, remorse or anxiety,
may have psychological impacts. Despite these conditions, admission into a correctional facility is to be
( carried out securely, smoothly, efficiently, expediently and in a safe, courteous and professional manner.

4.0 Definitions
4.1 A&D: Acronym for "Admission and Discharge"

4.2 CPIC: Canadian Police Information Centre (CPIC) is an RCMP police database that provides
criminal record data to a number of law enforcement agencies across the country.

4.3 Holding Documents: Legal documents authorizing the admitting and holding of a person into
custody.

4.4 OTIS: Offender Tracking Information System (OTIS) is a computerized Corrections case
management system for storing and updating offender records.

4.5 TA: A Temporary Absence (TA) is granted for medical or humanitarian reasons or to facilitate an
inmate's rehabilitation and successful reintegration into the community.

4.6 UAL: Unlawfully at large (UAL) is when an inmate has absconded from a lawful term of
imprisonment while on TA, while residing in a Community Resource Centre or by not surrendering
into custody to serve an intermittent sentence when ordered by the court.

5.0 Responsibilities
5.1 The superintendent ensures compliance with this policy.

24
 5.2 The superintendent or designate ensures Standing Orders are completed for the developing of a
local Intermittently-Sentenced Agreement Form, containing both mandatory and institution-specific
contents.

5.3 The sergeant is accountable for the overall supervision of the A&D department.

5.4 The sergeant or designate ensures all holding documents are complete and legal.

5.5 Correctional officers ensure that all inmates are processed in accordance with this policy.

5.6 Records staff ensure a final review of all legal documentation is conducted prior to filing and that
related OTIS entries have been accurately completed.

6.0 Procedures
6.1 Admitting Process

6.1.1 The following procedures apply to all inmates admitted to a correctional institution
including those transferred from another provincial facility . In addition, all admissions and
transfers from other jurisdictions must be screened to determine if they present a suicide
risk by completing the Suicide Prevention Admission Checklist form (see Suicide
Prevention).

Note: Inmates serving intermittent sentences must be screened for suicide risk every
time they are admitted to serve their sentences.

6.1.2 The sergeant or designate will examine the documents for legality and completeness
(documents must bear an original signature and date), and ensure that the number of
documents and the number of prisoners coincide. If there is no valid document for a
prisoner, that prisoner will not be admitted and the escorting police officer advised
accordingly. ·

6.1.3 Inmates are identified by the supporting documentation before the police escorts remove
all restraints. A&D staff conduct frisk searches and the inmates are placed in a holding
cell . At this point, escorting officers are permitted to leave.

6.1.4 If an inmate claims to be a victim of improper identification and wrongly incarcerated , the
sergeant is immediately notified. The sergeant must contact the appropriate authorities,
(e.g., police, crown attorney, or justice of the peace, etc.) to resolve the issue.
Occurrence Reports detailing the particulars of the allegation and the resolution are
forwarded to the Superintendent by A&D staff and the sergeant.

6.1.5 A&D staff accept the inmate's personal property and valuables and places them in a
secure area until the inmate's property is processed. Money is counted , verified,
documented, placed in a sealed envelope and stored in a secure area designated by the
superintendent (see Inmate Property).

6.1.6 This process also applies to property delivered by police for inmates already in the
institution (see Accepting Property Delivered by Police).

6.1. 7 All inmates are to be recorded or "booked" in OTIS (see OTIS Booking Information).

a. Prior to entering an inmate or a legal document in OTIS, staff must conduct a global
search to initiate the OTIS admission to custody and assign the inmate to an
institution (see Institutions OTIS Operational Guide - Admission- Search).

25
 i. If after a thorough search , no match is found , the inmate is then considered a
new admit.
( b. All legal documents relating to the inmate are then entered into OTIS.

6.2 Admitting Inmates with Holding Documents

6.2.1 Any one of the following documents authorizes an inmate's admission to custody:

a. Affidavit Re: Arrest in Ontario for Indictable Offence Allegedly Committed in Canada
Outside the Province of Ontario (six day hold)

b. CPIC -for a period of 24 hours (see Police Lock-up)

c. Detention Order Under the Immigration Act

d. Detention Order, if a court date is indicated

e. Parole Board of Canada - Warrant of Apprehension

f. Ontario Parole Board Suspension Warrant (see Faxed Copies of Wa rrants of

Committal and Parole Warrants) .

g. Order after Review under the Youth Criminal Justice Act; if there is an endorsement
that the young person is to be held in adult custody (see Guidelines for Admission
and Release Documents- Admission Documents- Young Person).

6.2.2 Order of Committal - Extradition Act

6.2.3 Order of Committal - Warrant of Surety (to appear at the next sittings of the court)

6.2.4 Remand Warrant

6.2.5 Warrant Authorizing Apprehension or Notice of Suspension under the Youth Criminal
Justice Act, if the young person had been released to supervision from an adult facility

6.2.6 Warrant of Committal (see Faxed Copies of Warrants of Committal and Pa role Warrants)

6.2. 7 Warrant of Committal to Custody under the Youth Criminal Justice Act, if the young
person is 20 years of age or older

6.2.8 Warrant Remanding a Young Person under the Youth Criminal Justice Act, if the young
person is aged 20 or younger

6.2.9 Note: Each of the above documents must be dated and signed by either a peace officer,
a member of the judiciary, a Clerk of the Court or in the case of a Warrant Authorizing
Apprehension or Notice of Suspension under the YCJA, a Provincial Director (see
Guidelines for Admission and Release Documents- Admission Documents- Young
Person).

6.3 Admitting Inmates Without Holding Documents

6.3.1 Institutions may also admit a person into custody without a warrant of committal , an
order for remand or other judicial document where:

a. the person is delivered by provincial bailiffs for temporary detention at the institution;

26
 b. the person is delivered to the institution by police after being apprehended for an
alleged breach of a temporary absence (permit);

c. the institution is designated as a police lock-up;

d. the person is an inmate who surrenders from Appeal Bail; or

e. the person is an inmate surrenders from a Temporary Absence.

6.4 Police Lock-up

6.4.1 The Minister may designate a correctional institution for use by a municipality as a lock-
up. Currently every institution that accommodates remanded inmates is designated as a
lock-up. Persons are accepted and processed as follows:

a. appropriate entries are made in both the logbook and OTIS;

b. police may leave lock-up prisoners in our care up to a maximum of 24 hours, and
may remove lock-up prisoners at any time;

c. lock-up prisoners are given an institution number and placed on the institution count.

d. Following a conversation with the police officer presenting the lock-Lip prisoner, the
sergeant determines if a 24 hour lock-up will be accepted and then documents the
reasons in the logbook (see Guidelines for Admission and Release Documents -
Admission Documents- Other Reasons for Admission - Lock Up).

e. All lock-up prisoners are to be searched in the presence of the escorting police
officers.

f. The institution will not accept lock-up prisoners who need immediate medical
attention. The police are to be advised to have the prisoner's immediate medical
needs addressed at an accredited community medical facility and provide
documentation from that facility confirming that the prisoner's immediate medical
needs have been addressed.

6.5 Surrender from Appeal Bail

6.5.1 An inmate who has been released on bail pending appeal may be required to surrender
into custody the day before the hearing. Upon surrender, the inmate may present a
signed copy of the Recognizance of Bail and/or the Ontario Court of Appeal document
that authorized his release (see Guidelines for Admission and Release Documents-
Admission Documents - Other Reasons for Admission - Surrender from Appeal Bail).

a. This document is not necessary to admit the inmate. However a thorough check of
OTIS must be completed to ensure that the inmate was previously released from a
provincial facility on bail pending appeal.

b. If the inmate's name is not found the inmate is asked what institution he/she was
released from and that facility is called to confirm that the inmate was released on
bail pending appeal. ·

c. The inmate may indicate that he was released on bail pending appeal from a court or
a penitentiary. In this situation staff must gather as much information as possible to
ensure the veracity of the information provided by the inmate.

6.6 Surrender from a Temporary Absence

27
 6.6.1 An inmate may surrender into custody while on a Temporary Absence (TA). A TA is only
effective betw.een the dates shown on the permit. If the inmate cannot return to the
( releasing facility at the designated date and time, the inmate may surrender to the
nearest custody facility. A thorough check of OTIS must be made to confirm the inmate's
TA status and to determine which facility released him/her. The releasing facility must
immediately be notified that the inmate has been admitted.

6.6.2 An inmate may also surrender prior to the expiry date of the absence if the inmate feels
that he/she is unable to comply with the conditions of the permit. (See Guidelines for
Admission and Release Documents - Admission Documents - Other Reasons for
Admission- Temporary Absence Permit).

6.7 Admitting Foreign Nationals

6. 7.1 All persons with other than Canadian citizenship are to be advised upon admission of
their right to contact their consulate (see Vienna Convention on Consular Relations).

6.8 Admitting Immigration Detainees

6.8.1 Admitting immigration detainees is normally permitted only during operating hours for
A&D (i.e.; 0600 hours to 2200 hours during the week and 0900 hours to 1800 hours on
weekends). Canadian Border Services Agency staff seeking to admit a detainee at any
other time must obtain the prior approval of the sergeant.

6.8.2 During time periods where A&D are not staffed, admitting immigration detainees will be
at the discretion of the sergeant and only when the sergeant believes it is a matter of
absolute necessity and the admission cannot otherwise be accommodated (see
Guidelines for Admission and Release Documents -Admission Documents -Adult
( Inmates- Order for Detention Under the Immigration and Refugee Protection Act).

Note: The Canadian Border Service advises that, if information is required about an
Immigration Warrant after business hours or on weekends, the Immigration Warrant
Response Centre can be contacted at 613-954-2344.

6.9 Admitting Intermittently Sentenced Inmates

6.9.1 The Notice of Offender Serving Intermittent Sentence form is completed for all inmates
serving intermittent sentences when they are first admitted to an institution. Records staff
forward the form to the OPP for entry on CPIC. A copy of the form is placed in the
inmate's file. The records staff advises the OPP of any changes in the inmate's
discharge date (see Guidelines for Admission and Release Documents- Admission
Documents- Adult Inmates- Intermittent Sentences).

6.9.2 Institutions that accommodate intermittently sentenced inmates are to have developed a
local Intermittently Sentenced Agreement Form. The Intermittently Sentenced
Agreement Form will be filled out for all intermittently sentenced inmates when they are
first admitted for processing. These forms will be signed by both the inmate and a staff
member; with the original being placed on the inmates file and a copy being given to the
inmate. At a minimum, the Intermittent Sentence Agreement will contain the following:

a. Total sentence length;

b. Name and address of institution the inmate is required to report to ;

(
c. Reporting and release times;

28
 d. Notice that smoking is prohibited on institutional property ;

e. Requirement to report free from the effects of alcohol and non-prescribed drugs;

f. Consequences for noncompliance to institutional rules, including loss of remission,

suspension of eligibility to earn remission and possible additional criminal charges;

g. Institution specific information such as where to report upon arrival , vehicle parking,
limitations on personal possessions when reporting etc.

6.10 Rules of Civil Procedure Admissions

6.1 0.1 Although the Ministry strives to apply consistent sentence administration procedures
regarding all inmates subject to warrants of committal, it is necessary to adopt a case-by-
case approach in administering these types of sentences.

6.10.2 If an inmate admitted to custody has been sentenced to a term of imprisonment for
Contempt of Court, either Criminal or Civil, or is admitted to custody under any warrant of
committal issued under the Rules of Civil Procedure, Records staff will obtain the
sentencing transcript. Before taking any applications for unescorted Temporary
Absences or parole, or determining a release date, the Sentence Advisor must be
contacted to determine the inmate's eligibility/legal status (see Guidelines for Admission
and Release Documents - Admission Documents- Adult Inmates - Warrant of Committal
Issued by a Civil Court).

6.11 Admitting Unlawfully-at-Large Recaptures

6.11.1 An unlawfully-at-large (UAL) inmate can be admitted to a jail or detention centre on the
strength of a CPIC message provided by the police. The original Warrant of Committal
must be obtained as soon as possible from the institution last holding the inmate.

6.11.2 Reasonable efforts should be made to verify which institution the inmate is unlawfully-at-
large from and determine if the original sentence is valid . An inmate charged with UAL
will not be released on bail or fine paid prior to clarifying the sentence related to the UAL
charge.

6.11.3 When an Intermittently sentenced inmate who is UAL is apprehended w.hen he/she is not
scheduled to be in custody the admission must be on the strength of a Warrant of
Remand or as a police lock-up. This is necessary as the original warrant authorizes
detention only at designated times.

6.11 .4 UAL inmates from outside Ontario can be admitted as police lock-ups for up to 24 hours.
It is the responsibility of the police, within the 24 hour period, to obtain a Six Day Hold
pending execution of the Warrant of Arrest. Should the police fail to execute the Warrant
of Arrest within the 6 days, the Superintendent must release the inmate after notifying
the police.

6.11.5 Federal inmates who are UAL from a federal facility in Ontario can be held in a jail or
detention centre "until the earliest time at which they can be returned to a penitentiary." A
CPIC message is acceptable confirmation that an inmate is an escapee or is UAL. After
admitting the inmate and reviewing the CPIC message, records staff contact the local
Correctional Services Canada Parole Office to confirm the inmate's status.

6.11 .6 If UAL inmate is admitted with additional charges, he/she may be held on the strength of
those charges alone. However, the required procedures and notifications relevant to a
UAL inmate must be followed .

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 6.12 Police Forms

( 6.12.1 The OPP will present a form entitled Prisoner Report and Prisoner Security Check to
A&D staff each time they bring an inmate to an institution. Some of the information
contained in this form may be crucial in placement and management decisions. Other
police agencies may have adopted similar forms.

6.12.2 When the OPP and other police agencies present these types of forms together with the
inmate, A&D staff will accept the forms , ensure that any relevant information is recorded
in OTIS, advise the sergeant of any concerns and place the forms in the inmate's fi le. To
maintain confidentiality medical information will not be recorded on OTIS. The sergeant
will, in turn , advise/copy other departments within the institution as appropriate (i.e.,
health care, classification).

6.12.3 These forms do not replace any of the Correctional Services mandatory forms (i.e.,
Personal Property Declaration, etc.) but will serve as additional information sources.

6.13 Inmate Orientation

6.13.1 All new arrivals, especially Inmates admitted for the first time, or inmates with a lengthy
gap since their last period of incarceration will be provided with basic information
concerning the following :

a. Institution expectations concerning rules and regulations;

b. Inmate rights, duties and entitlements;

c. Property retrieval in the event the inmate is released at court;

(
d. The availability of French language services (FLS) and interpreter services.

6.13.2 All inmates will be notified that further information can be found in the Inmate Information
Guide, which can be accessed or requested upon arriving at their living unit.

6.13.3 A summary (table of contents) of the Inmate Information guide will be posted in a
conspicuous place within the A&D area of the institution.

6.14 Personal Property and Clothing

6.14.1 For information about inmate property, see Inmate Property.

6.14.2 For information about inmate personal clothing exchanges, see Personal Clothing
Exchanges.

6.14.3 Contaminated or heavily soiled clothing is placed in a water-resistant plastic bag, sealed,
labelled with inmate's name and institution number. If arrangements cannot be made to
release the clothing to relatives and have a clothing change brought in one of the
following will apply:

a. Dry cleaning may be done with the cost assumed by the inmate.

b. The inmate may submit an Inmate Request to have a volunteer agency (e.g. , the
Salvation Army) assist in having the clothing dry-cleaned.

c. If laundry facilities are available, clothing is washed .

30
 d. If it is not practical or feasible to have the clothing cleaned it will be stored in the -
plastic bag in a secure area designated, by the Superintendent, for contaminated
clothing.

6.15 Prescribed Drugs and Non-Prescribed Drugs

6.15.1 Legally prescribed medication in the possession of inmates on admission will be entered
on the inmate's Personal Property Declaration. Staff will record the prescription number,
type if known, colour and quantity. The medication is given to the health care staff who
will determine its disposition. They may direct that it be placed in the inmate's property.

6.15.2 If marijuana is found during the search and the inmate claims that he/she has been
prescribed it for medical reasons health care staff must be consulted . The health care
staff, in consultation with the Senior Medical Consultant, will determine if the inmate has
been granted an "Authorization to Possess" marijuana for medical purpose(s) . If he/she
does it will be stored in a safe, secure area designated by the Superintendent. If,
however, the inmate does not have an "Authorization to Possess" , the marijuana will be
disposed of in the approved manner (see Seizure and Disposal of Contraband Drugs).

6.15.3 Illegal or unlawfully obtained drugs in an inmate's possession are retained by the officer
finding the drugs until he/she places them in exhibit containers. The officer finding the
contraband retains the key for the container to ensure continuity of evidence (see
Seizure and Disposal of Contraband Drugs) .

6.17 Searches

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 6.17.1 Every inmate and his/her property must be thoroughly searched upon admission. For
further information, see Searches, Searches of Transsexual and Intersex Inmates, BOSS
Chair.

6.17.2

6.17 .3 An inmate who refuses to be searched may be placed in segregation until prepared to be
searched , or until there is no longer a need to search the inmate.

6.17.4 Upon completion of the search , the inmate is allowed to shower and is issued
institutional clothing, toiletries, towel and bedding.

6.1-7.5 All searches must be recorded in the A&D search logbook.

6.17 .6 Unusual weapons, unusual hiding places for weapons or items discovered during the
admission process are to be reported to the Manager, Provincial Emergency Response
and Security Unit (PERSU).

6.18 Assistive Devices

6.18.1 Inmates wearing medically prescribed or approved prosthetic, orthotic or orthopaedic
devices will be permitted to retain them, both in the institution and on transfer, unless
( there are medical grounds or compelling reasons to the contrary that undermine
personal or institutional safety (see Assistive Devices) .

6.18.2 When an inmate is admitted with such a device, A&D staff will consult with health care
staff prior to the inmate's placement regarding any special medical precautions to be
taken .

6.18.3 It is important to recognize that contraband may be concealed in a prosthetic appliance.

Therefore, when admitting an inmate wearing such a device, the sergeant must be
satisfied that it does not pose a threat to personal or institutional safety.

6.19 Behavioural Observations

6.19.1 It is the responsibility of staff to document behavioural observations for all inmates so
that the identification and reporting of possible abnormal responses can be investigated.
These observations are recorded on the appropriate OTIS screens.

6.19.2 It is not uncommon for inmates admitted into custody to be under the influence of alcohol
and/or drugs. Although the smell of alcohol may not be evident, there are a number of
behavioural signs that may indicate intoxication (e.g. , slurred speech , balance problems,
etc.). Continuous observations may reveal behaviour changes that will further support
suspicions of intoxication.

6.19.3 The escorting police may provide verbal or documented information regarding security or
suicide/mental health status. This and any other relevant information are recorded on
Offender Tracking Information System and the necessary staff notified.
(

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 6.19.4 Any of these indicators will be reported immediately to the sergeant or designate and/or
to Health care staff. To document the observations/information an Occurrence Report is
prepared as soon as practical and forwarded to the Superintendent.

6.20 Communicable Diseases

6.20.1 All staff are reminded to exercise universal precautions when in contact with inmates.

6.20.2 Health care staff determine any necessary medical precautions and related procedures.

a. If the inmate or the escorting police indicate that the inmate has a communicable
disease, the inmate is to be referred to health care staff.

b. If health care staff are not available, the sergeant is to be contacted regarding
placement of the inmate in segregation/health care cells.

c. · In the event of serious medical concerns, the Health Care Coordinator and On-Call
Administrator are to be contacted.

d. Where a communicable disease is suspected , a thorough health care assessment

assists in determining the precautions required to manage the inmate, either in
general population, medical segregation or, if clinically necessary, in a health care
bed or by transfer to a community hospital.

6.21 Injuries Upon Admission

6.21.1 Correctional Services facilities will not accept 24 hour lock-ups requiring immediate
medical attention (see Police Lock-up).

6.21.2 The following procedures apply when an inmate is admitted with injuries:

a. See Digital Images of Inmates Upon Admission - Injuries and Damage for
procedures on taking images of inmates admitted with injuries.

b. A&D staff must take images of an injury, including bruises, cuts and abrasions. The
images are stored on a disk. If an inmate is violent or uncooperative, the procedure
can be delayed until the inmate is calm;

c. The disk is placed in a sealed envelope and the following information is recorded on
the front of the envelope: ·

i. time and date;

ii. inmate's name and institution number; and

iii. the signature of the staff member taking the image together with his/her clearly
printed name.

d. The inmate will be asked to give a statement as to how, when and where the injuries
were received. If the inmate alleges that police were involved, A&D staff will advise
the inmate not to provide any details as this may compromise any complaint that the
inmate may have about the actions of the police. If the inmate wishes to complain,
the employee will determine the police agency involved, advise the inmate of the
appropriate complaint process and assist the inmate in obtaining the address (see
Inmate Complaints).

33
 e. The employee will submit an Occurrence Report recording that the inmate alleges
that the injuries involved the police, the name of the police service involved, any
information given to the inmate about the complaint process and the name and/or
( badge number of the police officer, if provided by the inmate. An Accident and Injury
Report will also be submitted but will contain only a statement that the inmate alleges
that police caused the injuries. All other sections of the form, except Part 1, will
remain blank.

f . If the injuries did not involve police. the inmate's statement will be recorded on an
Accident and Injury Report. The report will be signed by the inmate and witnessed by
the staff member preparing the report. If the inmate refuses to sign, an appropriate
entry is made in the A&D logbook and documented in an Occurrence Report;

g. The inmate is referred to health care for examination/treatment;

h. A&D staff will record the names/badge numbers of escorting police/court security
officers, the police service and detachment/division in the logbook and in the
respective Occurrence Reports;

i. The printed full colour images, the completed Accident and Injury Report and a copy
of the logbook entry are forwarded to the sergeant for attachment to his/her report.
The original Accident and Injury Report is forwarded to the inmates file and a copy is
submitted to health care for inclusion in the inmate's health care record .

7.0 Authority
Ministry of Correctional Services Act; ref. "Functions of Ministry"; "Admissions and Transfers"; and "Use of
( Correctional Institution Lock-Up"

Regulations under the Ministry of Correctional Services Act; ref. "Duties of Superintendent, Health care
Professionals, Employees"; "Admission to Institution"; and "Searches"

Criminal Code of Canada, ref. "Imprisonment"

Freedom of Information and Protection of Personal Privacy Act, ref. "Collection and Retention of Personal
Information"

8.0 Related Documents

Refer to Inmate Information Guide

9.0 Revision History

Date Description of Change Reference Sections
December 24, 2012 Reviewed and placed into new format All
Operational Manager changed to Sergeant All
National Parole Board changed to Parole Board of 6.2.1
Canada
Added all institutions accommodating remanded 6.4.1
inmates are designated as police lock-ups
( Standardization of local Intermittently Sentenced 6.9.2
Agreement Forms.

34
Added Inmate Orientation section 6.13
Ministerial Exemption changed to Authorization to 6.15.2
Possess
Inmate Information Guide added to related documents 8.0

35
 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 01-01 1 of 1
Subject Date
ADMINISTRATION JUNE 2012

ADMITTING & DISCHARGE MODULE SECURITY

1. Policy

The Admitting and Discharge area is the front line of security in the Institution. With the high volume of traffic in
such a sensitive area it is important to maintain a maximum security environment.

2. Procedure

2.1 Staff assigned to the Admitting and Discharge Module are to be familiar with the operation of the various
security systems and procedures.

2.2 A staff member is to be present in the Module at all times unless a necessary defined work activity needs
to be attended to outside the Module, i.e. assisting the Documentation Officer.

2.3 The Module is not a gathering place. Access to the Module will only be granted to staff who have official
business there.

2.4 If there is an “All Staff” alarm in the Admitting & Discharge Unit, the Central Control Officer will disable and
then immediately enable the Admitting & Discharge Module touch panel. The Admitting & Discharge
Module Officer will then be required to log in to activate the A&D Module touch panel.

2.5 The Officer assigned to the Module will ensure that the security hardware (alarm buttons, radio, video
monitor, panel lights, etc.) are in good order at the beginning of each shift. Any defects will be reported to
the Maintenance Department and the Shift Coordinator immediately and recorded in the module logbook.

2.6 Staff entering or leaving the Module are to be alert to ensure that offenders in the area cannot enter or
take over the Module.

2.7 The Admitting and Discharge Module Officer who has possession of the Module key will not leave the
Module with the key.

2.8 The Module Officer seeking re-entry into the Module will contact the Central Control Officer for electronic
re-entry. The Module Officer must clearly identify himself/herself to the Central Control Officer. The
Central Control Officer will ensure that the person requesting entry to the Module has been properly
identified prior to releasing the door.

2.9 The Module Officer will ensure that the door is secured after re-entry.

2.10 The Module Officer, on completion of his/her shift at 22:00 hours, will ensure all keys for the Admitting and
Discharge area are accounted for, secured in the

2.11 A Medeco key for the clothing room has been placed for this purpose. In the
case of an emergency and/or when the Shift Coordinator has been notified, the Officer will contact Central
Control for access to the Module and obtain the necessary keys from the press to access the clothing
room. This process will be documented and logged by both the Central Control Officer and the Officer
obtaining the key from the Module.

CSD 075-365 (11/04)

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 ADMISSIONS

1. Policy

The admission process is an important function requiring that we deal with people from all walks of life who are
being detained for various reasons. We must be aware of the types of people we are dealing with and the state of
mind of the individuals on arrival. In all cases the person has been denied his/her freedom. This denial, coupled
with withdrawal from alcohol/drugs, fear, remorse or anxiety, may have a psychological backlash. Despite these
conditions, the following procedures are to be carried out securely, smoothly, efficiently, expediently and in a
courteous, professional manner.

2. Legal Authority for Holding Inmates

2.1 Any one of the following documents authorizes an inmate’s admission to custody:

2.1.1 Warrant of Committal

2.1.2 Remand Warrant
2.1.3 Order of Committal – Extradition Act
2.1.4 Detention under the Immigration Act
2.1.5 C.P.I.C. (Canadian Police Information Centre) (for a period of 24 hours)
2.1.6 Affidavit re Arrest in Ontario for Indictable Offence Allegedly Committed in Canada Outside the
Province of Ontario (six day hold)
2.1.7 Warrant of Surety (to appear at the next sittings of the court)
2.1.8 Detention Order
2.1.9 National Parole Board Warrant of Suspension/Revocation
2.1.10 Ontario Parole and Earned Release Board Suspension Warrant
2.1.11 National Parole Board – Warrant of Apprehension of an Escapee

Each of these documents must be dated and signed by either a peace officer, a member of the judiciary or
a Clerk of the Court.

2.2 Institutions will also admit a person into custody without a warrant of committal, an order for remand or
other judicial document where:

2.2.1 the person is delivered by regional bailiffs for temporary detention in the institution;
2.2.2 the person is delivered to the institution after being apprehended for an alleged breach of a
temporary absence permit;
2.2.3 the institution is designated a lock-up
2.2.4 an inmate surrenders from Appeal Bail; or
2.2.5 an inmate surrenders from a Temporary Absence

3. Use of the H.W.D.C. as a Lock-up

3.1 Upon presentation by the Police of an inmate where the Warrant or Holding Authority is not present, i.e.
only a C.P.I.C. printout, the Admitting and Discharge staff will advise the Shift Coordinator that the use of
the Institution as a Lock-up is evident.

3.2 Upon presentation by the Police of an inmate whose admitting documents appear to be defective, i.e.
unsigned, incomplete, vague, etc., the staff will contact the Shift Coordinator.

3.3 In both cases above, the Shift Coordinator will determine whether or not to accept the inmate as a 24 hour
Lock-up.

37
3.4 If the inmate is accepted as a Lock-up, he/she will be admitted to the Institution and the following
information recorded in a register maintained for that purpose:

3.4.1 Inmate name and number

3.4.2 Date and time of admission.
3.4.3 Particulars such as U.A.L., defective Remand or Committal, etc.
3.4.4 Police Force
3.4.5 Commentes, i.e. injuries, etc.
3.4.6 Admitting Police Officer’s name, badge number, signature and name of Police Service.
3.4.7 Date and time of release, name, badge number and signature of receiving Police Officer, and
name of Police Service.

3.5 Once admitted the inmate will be documented as per normal procedure. The reason for admission
however will be (F) - LOCK-UP. The Documentation Folder will also be clearly marked as LOCK-UP
Inmate.

3.6 The inmate will be housed in either Segregation or a unit designated by an Sergeant until the
documentation issue is clarified.

3.7 Where possible, the inmate will be seen by Medical prior to admission.

3.8 The Shift Coordinator or Admitting and Discharge Manager will take the necessary steps to ensure that the
proper documentation will be obtained prior to the 24 hour expiration. During normal business hours, the
Coordinator of Inmate Records will be informed to rectify the documentation.

3.9 The use of the Institution as a 24 hour Lock-up does not apply to inmates who are in need of immediate
medical attention.

3.10 An inmate in need of medical attention will only be admitted as a Lock-up when documentation as to
fitness is provided by a Medical Practitioner.

3.11 Lock-up status will not be extended to Police Agencies presenting an inmate on the strength of an Arrest
Warrant. In such cases, the Shift Coordinator will be informed.

3.12 Lock-up inmates will be granted full privileges with the exception of dayroom time, visits, programmes and
exercise (24 hour status precludes any program involvement).

4. Admission of Unlawfully at Large Inmates

4.1 When an inmate is unlawfully at Large, he/she can, upon apprehension, be admitted to a Jail or Detention
Centre. A C.P.I.C. message provided by the Police is acceptable confirmation that the inmate is an
escapee. The original Warrant of Committal should be obtained as soon as possible.

4.2 When an Intermittent who is unlawfully at Large is apprehended, the admission must be on the strength of
a Warrant of Remand or as a Police Lock-up for up to 24 hours. This is due to the fact that the original
Warrant normally authorizes detention only at designated times.

4.3 U.A.L. inmates from outside the province of Ontario can be admitted as Police Lock-ups for up to 24
hours. It is the responsibility of the Police, within the 24 hour period, to obtain a Warrant of Remand for up
to 6 additional days pending execution of the Warrant of Arrest. Should the Police fail to execute the
Warrant of Arrest within the 6 days, the Superintendent must release the inmate after notification of the
Police.

38
4.4 Federal Parole and Mandatory Supervision violators can be held up to 24 hours as Police Lock-ups
pending receipt of a Warrant of Suspension. If a Warrant of Suspension is not obtained within 24 hours,
the Superintendent must release the inmate after notification of the National Parole Authority.

4.5 Federal inmates who are U.A.L. from a Penitentiary located in Ontario can be held in a Jail or Detention
Centre “until the earliest time at which they can be returned to Penitentiary”. A C.P.I.C. message is
acceptable confirmation that an inmate is an escapee. Inmate Classification and Transfer should be
notified no later than the next business day in order that the inmate’s status can be confirmed.

4.6 If an Unlawfully at Large inmate is admitted with additional charges, he/she may be held on the strength of
those charges alone.

5. Retrieval of Electronic Supervision Program Equipment

Occasionally, inmates participating in the Electronic Supervision Program (ESP) as a condition of a
Conditional Sentence, Ontario Parole or Temporary Absence Program are admitted to institutions as a
result of program violations or new criminal charges. Some of these individuals may still be wearing wrist
radio transmitters when admitted. These transmitters are the property of the Ministry's private partner,
which is responsible for the installation and retrieval of this equipment.

The staff that works at the centre are Ministry employees.

If an inmate is wearing one of these devices the following procedure will apply:

• Remove the transmitter from the inmate's person by cutting through the rubber strap with scissors;

• Call the toll free number above (staff are on duty 24 hours a day, 7 days per week) to advise of the
location of the transmitter and the name of the inmate from whom it has been removed;

• Place the transmitter in an envelope with the inmate's name and OTIS number written on the front, and

• Forward the envelope to the Shift Coordinator’s office.

A representative, normally one of its sub-contractors (i.e. The Salvation Army) will attend the institution to
retrieve the transmitter.
6. Admission Procedure

In order that security and proper accountability are maintained, the process of admitting inmates will be as follows:

6.1 When the escorting Police arrive with the inmate(s), the Admitting and Discharge Module Officer is
responsible for checking all documentation to ensure the admissions are legal and carry the necessary
original signatures and dates.

39
6.2 Upon verification of all documents, verbal acceptance will be given to the Police and the Module Officer
will pass the documentation to the Admitting and Discharge staff. If there are any difficulties or
discrepancies with the admitting documentation the A&D Manager or Shift Coordinator will be contacted.

6.3 Inmates will be admitted into the Admitting and Discharge area one at a time after passing through the
metal detector and after establishing identification of the individuals.

6.4 As the inmates are identified they will be frisk searched and placed in the appropriate holding cell.

6.5 NOTE: The frisk search and placement of a trans inmate presenting at A&D may be identified through
behaviour or outward appearance (e.g., dress, hair, make-up, body language and voice) or information
from outside sources (police) or they may self-identify as trans.
The Sergeant will examine the holding documents for legality and completeness (documents must bear an
original signature and date. (Refer to Standing Order: Admissions, Classification and Placement of
Trans Inmates)
The Sergeant must complete Part A of the Intake/Assessment and Plan of Care form.

Upon admission, the Sergeant will provide the trans inmate with the frisk search options and ensure that a
search is conducted according to the inmate’s preference.
The admission process should be in as private and discreet a manner as possible.

The Superintendent or on-call will be notified as soon as practical of a trans inmate, admission by the
operational manager in charge of Admitting and Discharge

6.6 Admitting and Discharge staff will accept the personal property accompanying the inmates via the Police.
Staff will verify the property and place this in an institutional property bag. Any cash will be counted,
verified, documented, placed in a sealed envelope and dropped into the safe.

7. Identification

7.1 If a person admitted to the Institution claims to be the victim of improper identification and/or wrongly
incarcerated, the Admitting and Discharge Manager or Shift Coordinator will be notified immediately in
order that they may initiate contact with the appropriate authorities in an effort to rectify the situation.
Detailed occurrence reports must be submitted including any resolution of the allegation.

7.2 All persons admitted who attest to citizenship other than Canadian shall be advised of their right to contact
their Consul and the appropriate form will be completed (Vienna Convention on Consular Relations).

8. Inmates Admitted with an Injury

Any inmate who complains or shows evidence of injuries allegedly received at the hands of a Law Enforcement
agency will be immediately interviewed by the Documentation Officer who will ensure the following steps are
taken:

8.1 Provide the inmate with Office of the Independent Review Director Brochure and envelope (re SO 07-15).

8.2 Follow all direction as per complaints against police (refer SO 07-15).

8.3 If the injuries did not involve police action the inmate's statement will be recorded on an "Accident and
Injury Report". The report will be signed by the inmate and witnessed by the staff member preparing the
report. If the inmate refuses to sign, an appropriate entry is made in the A&D logbook and documented in
an occurrence report.

40
8.4 The inmate is referred to health care for examination/treatment.

8.5 A&D staff will record the names/badge numbers of escorting police/court security officers, the police
service and detachment/division in the logbook and in the respective "Occurrence Reports".

8.6 The printed full colour images, the completed "Accident and Injury Report" and a copy of the logbook entry
are forwarded to the Sergeant for attachment to his/her report. The original "Accident and Injury Report" is
forwarded to Health Care for inclusion in the inmate's Health Care Record.

9. Liquor in Inmate Property

9.1 In the event an inmate brought into custody has liquor in their possession, Admitting and Discharge staff
will contact the Police and ascertain if they were aware, if there are any possible offences under the Liquor
Control Act, or if the liquor may be required as evidence.

9.2 For further details refer to the section “Inmate Property - Perishable Goods, Alcohol, Firearms,
Ammunition, Prohibitive Weapons, Tools and Standard Knives”.

10. Possession of Drugs on Admission

10.1 An inmate admitted to the Institution with legally prescribed drugs will have them entered on the Personal
Property Declaration, listing the prescription number, type if known, colour and amount.

10.2 The Medical Department will be informed of the medication(s).

10.3 The drugs will then be placed in the inmate’s personal property.

10.4 Suspected illegal drugs will be retained by the Officer making the find and placed in the appropriate exhibit
container.

10.5 If marijuana is found during the search and the inmate claims it has been “prescribed” for medical reasons,
Health Care staff must be consulted. The Health Care staff, in consultation with the Senior Medical
Consultant, will determine if the inmate has been granted a “ministerial exemption” to possess marijuana.
If so it will be stored in a safe, secure area designated by the Superintendent. If, however, the inmate
does not have a “ministerial exemption”, the marijuana will be disposed of in the approved manner.

10.6 An occurrence report outlining the circumstances, description and quantity will be submitted to the
Admitting and Discharge Manager.

11. Documentation

11.1 Staff assigned as Documentation Officers will take photographs of the inmate; perform a global search to
initiate the OTIS admission to custody and assign the inmate to an institution. The computer will assign an
OTIS number.

11.2 The Documentation Officer will initiate the Personal Property Declaration.

11.2.1 When recording personal effects such as clothing, valuables, medication, cash, etc., an
accurate description must be noted, i.e. labels, style, condition of the items, size, colour, etc.

11.2.2 Jewellery items will be recorded as follows: yellow or white metal, white or red coloured stones,
leather like or expansion strap, make, condition and type of watch. Indicate if items are broken
or damaged in any way. No personal jewellery will be allowed on the unit unless it is

41
 impossible to remove it without harm to the inmate or the item. All items retained will be
identified and listed on the “Retained Personal Property Waiver” which the inmate signs.

11.2.3 Medical Alert tags will be retained and recorded as such. Tag information will be recorded on
the Unit Notification Card and Medical staff will be advised.

11.3 The Documentation Officer will also initiate the following:

11.3.1 Health Care Record

11.3.2 Unit Notification Card - The Card will be stamped and the Admitting Officer will complete the
classification of the inmate. This will be printed, i.e. name, date, etc.
11.3.3 Property Retained by Inmate form.

11.4 Ministry cheques on transfer must be endorsed by the inmate prior to being forwarded to the Trust Clerk.
Ministry cheques will be recorded as such, not listed as cash.

11.5 All cash, cheques or U.S. funds will be placed in a sealed envelope. Other foreign currency will be
recorded and treated as valuable property.

11.6 The inmate will verify the Personal Property Declaration upon completion of valuables and cash recording.
Cash envelopes will then be placed in the Drop Safe located in Admitting and Discharge.

11.7 The inmate’s valuables will be placed in a numbered property bag and identified by the inmate’s name,
number and bag number. The bag will then be placed in the Admitting and Discharge Clothing Room
Safe.

12. Searches

Every inmate and their property must be thoroughly searched upon admission. The following procedures apply:

12.1 The inmate is completely stripped and the body examined for contraband, vermin, disease, marks, bruises
or scars. Special attention is paid to any bandages or casts as they could be used to hide contraband.
Bandages are removed by the inmate and new ones offered. Health Care staff are called to inspect
and/or change any other kind of bandage/dressing.

Note: Because a plaster cast can readily conceal contraband, the Superintendent may direct that new
admissions wearing casts be accommodated in segregation until the potential risk is thoroughly
eliminated.

12.2

12.3 Clothing is recorded on the “Personal Property Declaration” and stored in the designated area.

12.4 An inmate who refuses to be searched may be placed in segregation until prepared to be searched or until
there is no longer a need to search the inmate.

12.5 An internal body search may only be conducted by a Health Care professional and with the written
consent of the inmate.

12.6 The inmate is allowed to shower and is issued institutional clothing, a comb, toothbrush, towel and
bedding.

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12.7 All searches must be recorded in the Admitting & Discharge Search Log.

43
Institutional Services
Policy and Procedures Manual
Release Date:
June 2010
Section:
Inmate Management
Sub Section:
Classifying

Inmate Classification Process

Policy
The goal of the ministry's classification system is to place inmates in the correctional setting that
most appropriately meets their programming and custodial needs, by affording opportunities for
successful personal and social adjustment while at the same time ensuring the security and
safety of correctional institutions and the public. Classification is a continuous process that
commences on admission and concludes when the inmate's sentence has been legally
satisfied.

The provisions of the Freedom of Information and Protection of Privacy Act and principles of fair
and objective decision making shall be adhered to in all classification decisions. This is
particularly important when a higher level of security or supervision is required. A written record
shall always support such decisions. To ensure objectivity the ministry utilizes the Level of
Service Inventory - Ontario Revision as the risk needs assessment tool for all classification
decisions.

Statement of Principles
The following principles govern all classification recommendations and decisions:

1. Consistent with the ministry's legislated mandate and the classification system's policy,
the inmate is placed in the least intrusive level of security relative to his/her risk/needs.
2. Classification recommendations and decisions are made individually and on a case by
case basis and are based on factual information and objective criteria.
3. The classification process is uniformly applicable across the ministry.
4. Program assignments and availability are compatible with the security classification of
the institution/living unit, the level of custodial intervention required to accommodate the
inmate safely and securely, and address special and individual needs identified during
the assessment process.

Inmate transfer, placement, program assignment and release related decisions, must be made
using the highest quality information available. It is critical to obtain a sufficient quantity of
information, including that from collateral sources, to support classification decisions. It is
essential that all employees involved in the classification process seek to obtain, use, document
and, when necessary, communicate as much relevant information as possible to assist in
making the most appropriate placement decisions for the benefit of individual inmates, the
ministry and the community as a whole.

44
Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry"; "Confidentiality"; "Admissions
and Transfers"; "Provincial Bailiffs"; and "Rehabilitation Programs".

Canadian Charter of Rights and Freedoms, ref. "Life, Liberty and Security of Person";
"Treatment or Punishment"; and "Equality Before and Under Law and Equal Protection and
Benefit of Law".

Freedom of Information and Protection of Personal Privacy Act, ref. "Personal Privacy"; and
"Protection of Individual Privacy".

French Language Services Act, ref. "Provisions of Services in French"; and "Right to Services in
French".

Personal Information
The custody, classification and provision of programs to inmates entails compiling a cumulative
store of information about them, much of which is highly personal, provided voluntarily, and/or is
collected because of its relevance to a plan of correctional care.

Communication between appropriate employees with respect to an inmate's custody is

necessary and to be encouraged. However, employees must continually be mindful of the
confidential nature of these communications and ensure that their information practices are
consistent with ministry policy regarding the collection, use, maintenance and disclosure of
personal information.

The Freedom of Information and Protection of Privacy Act provides inmates the right to access
a personal record or part of a record in the custody or control of the ministry, unless it falls within
one of the exemptions contained in the act. In most cases an inmate is afforded an opportunity
to view the full contents of his/her "LSI OR" upon written request. Limited and specific
information may be withheld from an inmate only when a careful examination of the information
establishes that an exemption applies. Prior to the disclosure of medical information the health
care co-ordinator is consulted. When there is any doubt about information that may be
disclosed, employees must consult with the ministry's Freedom of Information and Privacy
Office.

Particular care must be exercised when collecting, using and disclosing information relating to
young persons who may be serving a sentence in an adult institution. If any document contains
information relating to a young person, that record is subject to the provisions of the Youth
Criminal Justice Act.

Procedures
Regional Classification and Transfer Policies and Procedures

45
The ministry is committed to the maximum utilization of resources to ensure that a wide
spectrum of custodial and programming options is available in each region.

Every effort will be made to place or retain inmates in the region in which they resided prior to
incarceration or plan to reside upon release. Regional Directors may establish classification and
transfer policies and procedures for their particular region provided that they do not conflict with
ministry classification and transfer policies and procedures.

Periodically, corporate involvement is required where local or regional inmate movement

decisions are made that potentially have provincial implications. In such cases, the Manager,
Transportation and Communications Services and/or representative, Manager, Offender
Transfer Operations will assume the delegated authority for provincial consultation and decision
making. Facility and regional administrators will continue to cooperate and communicate for the
orderly, effective movement of inmates throughout the Province.

Placement of Young Persons in Adult Facilities

A young person who is eighteen years of age or older may be detained prior to being
sentenced, or be ordered to serve all or part of his/her YOA disposition or YCJA sentence in an
adult institution when a Youth Justice Court directs, upon application by the Provincial Director if
the court considers it to be in the best interests of the young person or in the public interest. A
young person who is eighteen years of age or older must serve his/her YOA disposition or
YCJA sentence in an adult institution when the young person receives an adult sentence. (See
Young Persons Transferred to Adult Institutions).

International/Interprovincial Transfers
All international/interprovincial transfers of provincially sentenced inmates are conducted by
Offender Transfer Operations. An inmate wishing such a transfer must submit a written request
to the Superintendent clearly stating the reasons for the request. The request, together with the
Superintendent's or designate's comments, copies of all relevant documents including the
classification decision and the most recent LSI OR, is forwarded to the Provincial Manager,
Offender Transfer Operations (see Interprovincial Transfers and International Transfers).

Admission
When an inmate is admitted to a correctional facility, admitting and discharge staff will capture
information provided by police escorts in the Comment section of the Offender Tracking
Information System (OTIS). This promotes informed decision making regarding the inmate's
initial placement in the institution by assessing a broad range of risk factors that might seriously
affect the inmate's incarceration. In addition, the early intervention of behavioural and/or
management concerns will permit timely investigation and intervention by classification and
other institution personnel.

If the information provided by the police is serious, extensive or contentious, admitting and
discharge staff complete an Occurrence Report and immediately notify an operational manager
and/or health care staff, as appropriate. It is also immediately forwarded to all other staff
designated by the Superintendent.

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Ethno-Cultural Needs
The ministry recognizes the importance of addressing the individual and ethno-cultural needs of
inmates. Information on the inmate's self-identified race, language and religion is necessary to
ensure that services and/or programs are provided in an ethno-culturally sensitive and relevant
manner. When an inmate reveals ethno-cultural needs upon admission or during the
classification interview, classification staff note them in Section G "Special Responsivity
Considerations" and explain the program recommendations to meet them in Section H
"Program/Placement Decision" of the "LSI OR".

French Language Services

The initial admission process provides the inmate with an opportunity to request services in
French. The French Language Services Act guarantees the right of any inmate to receive
services from, and communicate with the Government of Ontario, in the French language in
designated areas of the province.

When it has been determined that an inmate requires or has requested services in French,
classification staff interview the inmate and determine whether the inmate needs to be provided
with linguistic services, if available, at the current location or is suitable for transfer to an
institution designated to provide French Language Services.

If an inmate transferred to a designated institution is subsequently found to be unsuitable for

continued placement there, classification staff will consider a transfer to an alternative
designated location before transferring the inmate to a non designated institution.

Protective Custody Requirements

An inmate who requests or is determined to require protective custody must be interviewed by
an operational manager or other employee designated by the Superintendent as soon as
possible and a "Protective Custody Decision/Review" form completed. (See Placement of
Special Management Inmates)

Suicidal Inmates
All inmates will be evaluated for suicide risk indicators at the time of admission and throughout
their incarceration. An inmate who has been identified as being at heightened risk for suicide
presents an immediate emergency. From the time of identification, the inmate will be monitored
until further assessment deems the risk no longer exists or until the inmate is confirmed to be
suicidal. When it has been determined that an inmate is suicidal, necessary interventions,
controls, treatment and support are provided. (see Suicide Prevention)

Risk/Need Assessments
Inmates receiving custodial sentences of less than two (2) years normally undergo one or more
risk/need assessments while incarcerated. Each assessment is recorded electronically on an
"LSI OR" (see Level of Service Inventory - Ontario Revision).

47
Information Sources
Prior to completing the "LSI OR", staff must review the documents on the inmate's file; verbally
or otherwise obtain the discharge summary from the last known institution (i.e., if the inmate is
not a first incarcerate), and, in the case of an Ontario parole revocation, the latest "LSI OR".
Consideration must also be given to additional information sources that should be consulted to
assist in classifying the inmate. These sources may include:

a. Canadian Police Information Centre (CPIC) information;

b. RCMP Finger Print Services records;
c. police synopses;
d. crown briefs;
e. warrants;
f. sentencing information (i.e., length, type of offences, notoriety, outstanding charges,
victim impact statements, judicial reasons);
g. previous "LSI ORs", institutional reports, discharge summaries;
h. "Pre Sentence/Disposition Reports";
i. clinical and psycho-social reports;
j. administrative summaries;
k. Probation and parole staff regarding current/previous community supervision;
l. Critical Information Exchange reports;
m. correspondence (e.g., from a lawyer, family member, employer, etc.);
n. support system information (e.g., from program involvement, family members, relatives,
employers and other persons);
o. special concerns such as immigration status; and
p. information contained in OTIS.

Corroborative sources of information are extremely important to consider as inmates may tend
to minimize their actions and offences. Whenever possible, the inmate's version should be
verified against information obtained from the police and other appropriate external sources.
Media accounts may also be helpful in ascertaining public reaction to the offence, but should be
treated with caution.

Space has been included on the "LSI OR" to document the information sources that are used.
Classification staff are encouraged to collect data from all relevant information sources when
completing the assessment.

Notorious Offences
Some criminal offences (e.g., a particularly serious or heinous offence involving, but not limited
to, sexual misconduct, arson, and/or violence) or other information relating to a inmate may
place the inmate at serious personal risk within a regular institutional setting or may evoke a
strong reaction by a victim or the public to the inmate's placement. When considering
classification to an institution or "Request to Remain in Jail/Detention Centre" decisions in such
cases, the following procedures apply:

 If the inmate is under consideration for classification to an institution, the Superintendent

of the holding institution forwards a memorandum to the Superintendent of the proposed

48
 receiving institution detailing the special circumstances of the case. Following a review
of the information provided, a decision regarding the suitability of the placement is made.
 If the inmate is being considered to remain in the current institution for local
programming options, the Superintendent of the holding institution forwards a
memorandum, to the Regional Director detailing the special circumstances of the case.
Following a review of the information provided, the Regional Director advises the
Superintendent, in writing, of the suitability of the placement.

Superintendents are encouraged to consult the Manager, Offender Transfer Operations and
Regional Director whenever there are special or potentially contentious circumstances relating
to the classification or transfer of an inmate.

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 02-01 1 of 1
Subject Date
CLASSIFICATION & TRANSFER OCTOBER 2010

INMATE CLASSIFICATION AND UNIT NOTIFICATION CARDS

1. Policy

Classification assessments are prepared by the Social Services Department on all inmates sentenced to a term of
ninety (90) days or more. These reports are reviewed by the Deputy Superintendent Programs. The inmate's
Correctional Centre destination is determined by the latter for non-specialized institutions and a report with the
recommended placement is forwarded to Offender Transfer Operations for their decision in cases where a
specialized institution is required.

2. Procedure

2.1 A variety of subject areas are contained in an assessment, including a section on the inmate’s behaviour
while in custody.

2.2 The input of Correctional staff into these assessments is an important and helpful aspect to these reports.

2.3 In order to utilize this source of information, Unit Notification Card entries become critical resources and
Correctional staff are encouraged to fully document behaviour and concerns.

3. Unit Notification Cards

3.1 Unit Notification Cards are used to record basic information i.e., medical status, charges, remand/sentence
status, age, shoe size, tattoos or other distinguishing marks, scars, etc.

3.2 The Pod Officer, during the orientation process, will make additions of relevant information to the card.

3.3 All information that affects the inmate’s behaviour, security and safety will be recorded with the date, time
of occurrence and the name and badge number of the person making the notation.

3.4 All notations made on the Unit Notification Card will be clear, concise, legible and restricted to professional
observation.

3.5 The Unit Notification Card will accompany the inmate throughout the Institution during the length of
incarceration. It must always be updated to specify date, location, reason for relocation, authority for the
movement, signature and badge number of the person making the notation.

3.6 When the offender is released from custody the Unit Notification Card will be forwarded to the Records
Department.

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 02-02 1 of 2
Subject Date
CLASSIFICATION & TRANSFER OCTOBER 2010

ADULT INSTITUTION INITIAL ASSESSMENT AND PLACEMENT REPORT (AIIAPR)

1. Policy

The Inmate Classification Process shall govern the assessment and placement of provincially sentenced inmates
in correctional institutions under ministry jurisdiction.

2. Process

Classification involves the timely, systematic and ongoing analysis of relevant information. This continuous
analysis is conducted through the application of tools and ministry policies developed specifically for this purpose.
The resulting assessments form the basis for developing, implementing, monitoring and evaluating programming,
treatment, and service delivery plans for individual inmates.

The AIIAPR "Adult Institution Initial Assessment and Placement Report” is a screening instrument to expediently
transfer an inmate to a correctional centre/complex. In preparing the AIIAPR, information such as warrants of
committal, health care records, previous LSI-OR’s and OTIS records are reviewed by trained classification staff.
The classification staff conduct an interview with the offender and compile all data into the completed report.

Initial review should be completed within 2 working days after sentencing to determine if the inmate requires
further assessment. If so, then a full classification, including the LSI-OR, will be completed. If no concerns are
identified the inmate is approved for transfer to the designated Correctional Complex/Centre. (Usually within 2
business days of the AIIAPR being completed, or 4 days from sentencing.)

3. Assessment and Placement Process

The AIIAPR is designed to triage the inmate, after a quick but competent review, to the facility that best meets
his/her program and security needs. In preparing the AIIAPR, information from OTIS is auto-populated to a
Seagate report that is produced in hardcopy. The information contained on the AIIAPR includes all the critical
areas identified and currently on OTIS, including:

 Languages spoken/interpreter required

 Convictions and Sentences
 Court/Parole Board Recommendations
 Inmate’s status regarding outstanding warrants/court processes
 Observations from escorting officers
 Indications of Suicide Risk
 Mental Health Issues
 Physical Health Issues
 Indications of Substance Abuse
 Indications of Protective Custody
 Escape/UAL Concerns
 Indications of Management Risks and
 Placement History

Although an electronically generated AIIAPR will be used, a "hardcopy" version will be available as a backup in the
event of computer failure or the unavailability of OTIS.

All inmates sentenced to 30 days or more are screened within receipt of CPIC. Those inmates who have general
criminogenic needs that can be met at correctional complexes are transferred to a designated correctional
complex in an expeditious manner upon completion of the AIIAPR. At the correctional complex, the offender will be
further assessed and have a full classification completed, including an LSI-OR. Inmates identified below who are to
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and Correctional Services

Institution Section Page

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Subject Date
CLASSIFICATION & TRANSFER OCTOBER 2010

remain at the local holding facilities while serving more than 30 days will undergo a complete classification, utilizing
the Level Of Supervision-Ontario Revision (LSI-OR) instrument because they meet the following criteria:

 sentenced for sex offences, domestic assault, combined violence and substance abuse and/or arson
 developmentally delayed
 mentally disordered
 brain injured
 physically disabled
 terminally ill
 present as a suicide risk
 present behaviour/security issues that require further or immediate investigation
 aboriginal client needs
 recommendation by court/OPB

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 02-03 1 of 2
Subject Date
CLASSIFICATION & TRANSFER OCTOBER 2010

LEVEL OF SERVICE INVENTORY - ONTARIO REVISION (LSI-OR)

1. Policy

LSI-OR is a risk and program needs assessment tool that is an instrumental and mandatory part of any offender
decision-making process regarding:

 Institutional classification placement and programming;

 Institutional conditional release, e.g. T.A.P./Electronic Surveillance, Parole.

Completion of LSI-OR assessments is optional for other decision-making processes, e.g. institutional work
placement.

LSI-OR assessments may only be completed by a Ministry employee who has received specialized training. At this
facility, responsibility for their completion rests with the designated Social Services Department staff.

2. Classification Counsellors

2.1 Classification Counsellors must complete an LSI-OR assessment on any sentenced offender being
considered for a treatment program or identified in the Initial Assessment and Placement Report section of
Standing Orders.

2.2 LSI-OR’s must be completed for offenders who are serving ninety (90) days or less only when the offender
is being transferred to another secure facility or an Unescorted Temporary Absence is being considered.

2.3 Each LSI-OR assessor is responsible for ensuring that the LSI-OR reflects the risks and needs of the
offender. Should the LSI-OR document be older than six (6) months or significant personal, sentence,
behaviour changes incurred, or additional or new information that relates to the inmate’s risk level
becomes available, the LSI-OR must be updated and redone.

2.4 LSI-OR’s must be completed if the offender is applying for Provincial Parole Release.

2.5 The professional “Over-Ride” function may be used to adjust the final Level of Risk and/or Classification
provided that there are mitigating factors recorded and the “Over-Ride” section is checked off as “Yes”.
Each assessor is responsible for the accuracy and appropriateness of the end results. Collateral files and
information checks are essential to confirm self-reports by offenders. Police Occurrence Reports for Level
One offences, PSR’s and PDR’s should be requested for LSI-OR’s if they are available. These court-
ordered reports represent a significant collateral information source.

2.6 It is necessary for AIIAPR/LSI-OR assessments to be completed as soon as possible upon sentencing. At
the outside, assessments are to be completed no later than five (5) working days after CPIC and criminal
history information are received.

2.7 The AIIAPR/LSI-OR assessment and information gathering can only be completed by trained designated
Ministry staff. This cannot be delegated directly or indirectly to anyone else.

3. T.A.P. Coordinator

3.1 LSI-OR’s must be considered for each and every unescorted T.A.P. release. The T.A.P. Coordinator will
determine when the LSI-OR needs to be updated for TA purposes. For practical reasons, an LSI-OR form
need not be completed/considered if an application for less than 3 days is already in some way flawed and
unsupported and is unlikely to be approved. An LSI-OR is required for all applications being reviewed by
OPERB (3 days or more).
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Subject Date
CLASSIFICATION & TRANSFER OCTOBER 2010

3.2 For applications of less than 3 days, the T.A.P. Coordinator will ensure that each T.A. application has a
Risk Assessment Sheet attached to the application outlining all information sources (including LSI-OR),
concerns and positive aspects for consideration by the Superintendent or designate.

3.3 The T.A.P. Coordinator will be responsible for completing LSI-OR’s on offenders applying for T.A.P. where
one does not already exist (i.e. serving less than 90 days).

4. Social Services Staff

4.1 Upon receipt of a completed AIIAPR/LSI-OR, the Social Services Department will input the Level of Risk
Scores and other related information into OTIS.

4.2 Support staff will ensure a copy of the AIIAPR/LSI-OR is forwarded to the appropriate Probation and
Parole office should there be a community supervision to follow.

4.3 Support staff will ensure a copy of the AIIAPR/LSI-OR is forwarded to the appropriate receiving institution.

4.4 The original AIIAPR/LSI-OR is to be forwarded to the main offender file.

5. Institutional Work Board

5.1 All inmate requests to work will be sent to the Intake/Rehab Officer where a central “WORK BOARD” file
will be maintained.

5.2 The Intake Officer will review all inmate requests as required. Unit files, Client Profiles and pertinent
security information will be reviewed prior to approval for suitable placement.

5.3 Once placement has been assigned and approved by the Intake Officer, the completed Work Board form
shall be forwarded to the Medical unit for clearance and approval as soon as possible.

5.4 All completed forms shall be signed, dated and returned to the Intake/Rehab Officer with copies to the
respective Inmate Work Supervisors for information.

5.5 A copy of the completed list shall be submitted to the Deputy of Programs who will direct the appropriate
Level Manager to have workers placed in the appropriate unit in the worker’s pod.

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Hamilton-Wentworth Detention Centre 07-07 1 of 3
Subject Date
INMATES JUNE 2012

INMATE ORIENTATION AND UNIT ASSIGNMENT

1. Policy

To safely and most appropriately assign newly admitted inmates and familiarize each inmate with the expected
rules and regulations for conduct and deportment, as well as information on various programs, privileges and
internal procedures that apply during incarceration, specific initiatives have been developed as summarized below.

2. Procedure

2.1 Basic Ministry guidelines have been posted in each living unit outlining the rules regarding expected
conduct of inmates.

2.2 Each inmate admitted to a living unit will receive an orientation from the Officers assigned to the area that
addresses the basic rules, regulations, programs, etc.

2.3 Copies of the inmate orientation information are posted in the dayroom including internal complaint
procedures. Each inmate will be directed by the area Officer to read the information and if any questions
or concerns arise the inmate will be directed to the Sergeant.

2.4 If the inmate is illiterate or unable to speak English, the Pod Officer will attempt to clarify/explain this
information. Some translations are available in French, Spanish and Portuguese.

2.5 Upon completion of the orientation interview the Pod Officer shall ensure that the appropriate entries
confirming same are made on the inmate’s Unit Notification Card.

3. Unit Assignment Process upon Admission

3.1 On admission each new arrival will initially be designated to a specific living unit by the A&D
Documentation Officer. The following factors will be considered:

3.1.1 Classification assigned to each unit/dormitory

3.1.2 Age of the inmate
3.1.3 Type of charges
3.1.4 Recidivist or first time inmate and prior history
3.1.5 Presenting behaviour/condition of the inmate
3.1.6 Length of sentence
3.1.7 Police comments/cautions on admission
3.1.8 Security concerns including OTIS Management Concerns and related entries, e.g. P.C.,
Escape
3.1.9 Relationship to other inmates, i.e. for security reasons co-accused and relatives will not
normally be assigned to the same pod/living unit.
3.1.10 Vocation/Job, e.g. Police Officer, Correctional Staff, family member of correctional staff etc.

3.2 The A&D Officer will note the initial Unit assignment designation and rationale on the stamped section of
the Admittance’s Unit Notification Card and forward this, along with all relevant file documentation, to the
A&D Manager or Shift Coordinator in the former’s absence.

3.3 The final unit assignment decision will be made by the Sergeant or Shift Coordinator utilizing the criteria
and information noted in 3.1, along with other relevant individual and institutional factors. The Sergeant
making the unit assignment decision shall affix their signature and date, along with any relevant notations,
on the Unit Notification Card accompanying the inmate.

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and Correctional Services

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3.4 Upon the newly admitted inmate’s arrival on the assigned unit the Pod Officer is responsible for completing
the appropriate OTIS Bed Location Change form. This information will be updated on OTIS every evening
by the Central Control Officer.

4. Initial Placement/Internal Classification Specific Procedures/Requirements

4.1 An “Initial Placement” (ink) stamp will be maintained in the A&D Module.

4.2 The A&D Module Officer will stamp every Unit Notification Card once printed for all newly admitted
inmates.

4.3 The stamped Unit Card will then be given by the A&D Module Officer to the A&D Documentation Officer as
per normal practice.

4.4 The A&D Documentation Officer will complete the applicable areas of the stamped section of the U.N.C.
including the specific unit assignment/initial placement and any concerns to be noted.

4.5 The Documentation Officer will then forward the Unit Notification Card to the Clothing Room Officer along
with the remainder of the documentation file/package for the new arrival.

4.6 Prior to the actual internal placement of the inmate, the A&D Manager shall review the U.N.C. to ensure
the classification recommendation is appropriate and complete/sign the form’s stamped area authorizing
the final placement.

4.7 In the absence of the A&D Manager, the Shift Coordinator or another Sergeant will conduct the
review/documentation process.

4.8 Sergeants may take into consideration counts on units and the input of support services such as Medical,
Social Services, Chaplaincy and Security personnel in making the most informed decision possible.

4.9 A&D staff shall not have a new arrival relocated to the living units without the A&D/Operational Manger’s
written authorization of the placement.

4.10 The placement/security information contained on the Unit Notification Card will become a permanent
record and must accompany the inmate to the designated living unit. This information is invaluable for a
variety of security and program purposes including Work Board, security cautions, etc., and must therefore
be completed professionally, thoroughly, accurately, chronologically and legibly with dates/times and
signatures.

4.11 Any subsequent unit activities, particularly cell/unit relocations, are to be recorded on the U.N.C. including
date, time, area, reason, authorizing O.M. and any concerns.

5. Cell Assignment

5.1 The Pod Officer will be responsible for the initial cell assignment based on relevant information such as
security, medical, behaviour and attitude.

5.2 Once cell assignment has been established the Pod Officer is responsible for expeditiously updating the
Unit Notification Card, Unit Logbooks, Pod lists and the OTIS Bed Location Change form. The Pod Officer
is also responsible for similarly documenting/updating any further changes in cell/unit assignments.

5.3 All inmate cell assignments within a living unit must be authorized by the Pod Officer after peer
compatibility is duly considered by this Officer.
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INMATES JUNE 2012

5.4 Any inmate bed/cell changes must be approved by the Pod Officer, in consultation with Operational
Management as necessary and logged appropriately pursuant to 5.2 above.

5.5 Each new inmate will be issued clean clothing in A&D and clean bedding upon arrival on the living unit.
The Pod Officer will also ensure that each new arrival has a mattress, pillow (if available) and blanket and
that the cell is in a secure, hygienic, orderly state.

5.6 Unit staff will adhere to the orientation process outlined in Section 2 above.

CSD 075-365 (11/04)

57
Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Latest Revision:
Security and Controls December 2007
Sub-Section:
N/A

Body Orifice Security Scanner (BOSS) Chair

The Ministry is continually exploring new technologies that enable staff to better perform their
duties in a secure environment while ensuring their own safety and that of inmates. One of
these new initiatives is the introduction of the Body Orifice Security Scanner (BOSS) II Chair.

It must be remembered that the BOSS II Chair is a tool used to assist in the detection of
contraband (metal) and must be used in conjunction with current search procedures.

Policy
Superintendents shall develop local procedures for scanning inmates with the BOSS II Chair to
prevent the introduction of metal contraband into the institution. These procedures shall
include a process for confirming the presence of an implant that shall be developed in
consultation with local Health Care staff.

These procedures shall be included in the institution Standing Orders.

Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry".

Regulations under the Ministry of Correctional Services Act, ref. "Searches".

Procedures
Each Superintendent will develop local procedures that must include scanning inmates who
are:

 Being admitted by police or from court;

 Being transferred in from other institutions/jurisdictions;
 Returning from temporary absences;
 Reporting for intermittent sentences; and
 Returning from court/hearings/tribunals.

In addition, Superintendents may wish to develop local procedures to scan inmates who are
being:

 Transferred to court;

58
  Transferred to other institutions/jurisdictions;

Escorted on medical temporary absences;

Escorted on work detail/gangs; and
Searched for metallic contraband items.

Local procedures must address situations when:

 metal is detected;
 an inmate has or is suspected or having a metal implant or a prosthesis containing
metal; or
 an inmate refuses to be scanned.

Prior to being transferred to living units, inmates must be scanned by the BOSS II Chair. The
scanning procedures must include the following:

 Confirming that the chair is in the ready state;

 Having the inmate properly sit on the BOSS II Chair in order to have their legs, feet,
lower cavity and abdominal region scanned; and
 Scanning the oral cavity by having the inmate first placing the chin on the detection
surface and then, positioning the head on one side then the other.

If there is no audio or visual alarm, the inmate is cleared for movement.

Alarms
The BOSS II alarm is activated when a person is carrying a concealed metal object and moves
within range of the detection field. When the object is detected, both the audio alarm and the
corresponding visual alarm are activated.

If the alarms are activated, local procedures for the management of inmates suspected of
concealing contraband will be followed, including:

 If the inmate states that he/she has a metallic implant, this information must be
confirmed through application of local procedures;
 If the inmate denies the presence of an implant, he/she must be re-scanned. If the
alarms are triggered again, local procedures for the management of inmates suspected
of concealing contraband will be followed; and
 If the inmate refuses to be scanned, the appropriate Manager must be notified and local
procedures followed.

Training
The BOSS II Chair comes with an Operators Instruction Manual and a CD Video/DVD based
training program. A supplier representative will provide on site training when the unit is first
delivered. This training will be provided to the Security Manager and the Institution Training
Officer who will be responsible for training all staff required to work in Admitting and Discharge.

59
Staff must not operate the BOSS II Chair without first receiving training.

Location
The BOSS II Chair, which weighs 210 lbs. is not readily transportable, and therefore, should be
located in or immediately adjacent to the Admitting and Discharge area. It requires a 240 VAC
power source and has dimensions of 53 × 50 inches. It is suggested that the chair be placed in
a 6ft. × 8ft. area that will allow space for movement around the chair.

The supplier representative will assist in determining the most appropriate location.

Precautions
As a precautionary measure, inmates with a Pacemaker or Internal Defibrillator must not be
seated in the BOSS II Chair. In these instances, staff must use alternative metal detection
options.

A bilingual notice must be posted by the BOSS II Chair to enable inmates with a Pacemaker or
Internal Defibrillator to notify the Correctional Officer. The notice must contain the following
wording in both French and English:

NOTICE TO INMATES

If you have a Pacemaker or Internal Defibrillator please advise Correctional Staff.

AVIS AUX DETENUS

Si vous portez un pacemaker ou un défibrillateur interne, informer le personnel des services

correctionnels

60
 BODY ORIFICE SECURITY SCANNER (BOSS) CHAIR

1. Policy

An inmate must be strip-searched on admission or return (e.g., from court, temporary absence, etc.) to the secure
area of the institution. The following equipment is provided for employees to use when conducting searches
(Probes; flashlights; mirrors; metal detectors and search gloves).
In order to further enhance searches, a fast, reliable, simple to use, non-obtrusive scanning tool has been
approved for use. This equipment is known as the BOSS (Body Orifice Security Scanner) chair and will assist in
the detection of small metal objects. This equipment is another tool and must not be considered as a replacement
for frisk and strip searches. It will be used to augment good searching practices.

2. Operation of Chair

2.1 An operating manual is maintained in the Admitting and Discharge Control Module. Specific, self-
explanatory, scanning instructions are included in this manual.

2.2 The chair should remain in the installed position and only moved to another location as directed by a
Sergeant in an emergency situation.

2.3 All settings have been made and do not require adjustment. The chair can remain in the on position 24-7
without any adverse effect.

2.4 The chair should remain plugged into the 110-volt outlet. If it is inadvertently unplugged it will reboot as
soon as power is restored.

3. New Admissions

3.1 New arrivals will be frisk searched prior to being placed into the holding cells pending the booking process.

3.2 Following the admission and documentation process, including strip search and changing into institutional
clothing, each newly admitted inmate will be directed to position him or herself on the BOSS chair unless
the inmate has been fitted with a Pacemaker or Internal Defibrillator. Staff must use an alternate metal
detection option.

3.3 If no alarm is activated, the inmate will be escorted directly to the clean holding cells in front of the clothing
room or to his/her assigned living unit.

3.4 In the event of an alarm, the officer will ask the inmate if he/she has any implanted metal medical
prostheses. If the inmate states they do, the inmate should be placed into a clean holding cell or
segregation until the Health Care Unit can confirm the existence of the prostheses.

3.5 The Health Care Unit will note the existence of the prostheses on the Unit Notification Card and arrange to
have a permanent notation made to the Alert screen in OTIS for future reference.

3.6 If Health Care cannot confirm the existence of the prostheses the inmate will remain segregated until
he/she submits to x-ray examination.

3.7 If the inmate states they do not have any metallic prostheses, he/she will be strip searched again and
returned to the chair for a second scan.

61
3.8 If the alarm is activated a second time, a Sergeant must be notified. The inmate will be escorted to
segregation and placed into a dry cell. All reports relating to segregation placement will be completed.

4. Court Returns

4.1 Inmates returning from court appearances will be strip-searched and supervised as they change back into
institutional clothing. All searches must be recorded in the Admitting & Discharge Search Log.

4.2 The inmate will be escorted to the BOSS chair and scanned.

4.3 If no alarms are activated the inmate will be escorted to the clean holding cells across from the clothing
room or directly to their living unit.

4.4 If an alarm is activated the inmate will be escorted back to the change room and another strip search will
be conducted.

4.5 The inmate will be escorted back to the BOSS chair and rescanned.

4.6 If the alarm is clear the inmate may be escorted to the clean holding cell or his/her living unit.

4.7 If the alarm is activated a second time, a Sergeant must be notified. The inmate will be escorted to
segregation and placed into a dry cell. All reports relating to segregation placement will be completed.

5. Community Escorts

5.1 Inmates being escorted into the community must be scanned prior to applying restraints and departing the
institution.

5.2 If no alarms are activated the restraints will be applied and the escort can proceed.

5.3 If an alarm is activated the inmate will be escorted back to the change room and another strip search will
be conducted.

5.4 The inmate will be escorted back to the BOSS chair and rescanned.

5.5 If no alarms are activated the restraints will be applied and the escort can proceed.

5.6 If the alarm is activated a second time, a Sergeant must be notified. The escort will be rescheduled and
the inmate placed into a dry cell in segregation. All reports relating to segregation placement will be
completed.

5.7 Inmates returning from escorted community appointments will be scanned as soon as the restraints have
been removed.

5.8 If no alarms are activated, the officers will escort the inmate back to his/her living unit.

5.9 If an alarm should activate, the inmate will be strip-searched and re-scanned.

5.10 If the alarm is activated a second time, a Sergeant must be notified. The inmate will be escorted to
segregation and placed into a dry cell. All reports relating to segregation placement will be completed.

62
6. Segregation Discharges

6.1 Inmates being reclassified from segregation will be scanned prior to relocation to any living unit.

6.2 If the inmate fails to pass the scan he or she will be strip searched and rescanned.

6.3 If the rescan fails, the inmate will be returned to segregation on dry cell status and the Sergeant will be
notified. All reports relating to segregation placement will be completed.

63
64
Ministry of Institutional Services
Community Safety
and Correctional Services
Policy and Procedures Manual
Section: Latest Revision:
Security and Controls October 07, 2016
Sub-Section:
N/A

Whole Body X-Ray Security Scanning System

1.0 Purpose
This policy establishes guidelines for the use and operation of Correctional
Services’ approved whole body x-ray security scanning systems by trained and
authorized correctional staff.

2.0 Staff Affected

This policy applies to all correctional staff that have received the necessary
ministry approved training and are authorized to use and operate the whole body
x-ray security scanning system as well all correctional staff that work in or enter
the area of the institution where a whole body x-ray security scanning system is
being operated.

3.0 Policy
3.1 This policy is to be read in conjunction with all applicable legislation and
Institutional Services policies that include, but are not limited to: Searches,
Admitting, Searching for Weapons, Seizure and Disposal of Contraband
Drugs, Digital Images of Inmate and Staff Injuries, Admission
Classification and Placement of Trans Inmates, Aboriginal Spirituality and
the Ontario Human Rights Code (Code).
3.2 This policy is to ensure:
3.2.1 The whole body x-ray security scanning system will be used to
scan inmates to assist in the detection of concealed contraband
only.
a. The whole body x-ray security scanning system is not a
medical x-ray device and is not to be used for medical
purposes.
3.3 In combination with other existing search techniques and equipment, the
whole body x-ray security scanning system, creates a safer environment
for staff and inmates.

65
 3.3.1 In addition to other available search equipment (e.g. hand held
metal detectors, walk through metal detectors, parcel x-ray
scanners, etc.), institutions may also have a whole body x-ray
security scanning system available, which will be used in
conjunction with other types of searches including frisk and strip
searches.
3.3.2 The use and operation of the whole body x-ray security scanning
system is an additional search tool and does not replace current
search procedures.
3.4 All inmates will be scanned;
3.4.1 upon admission to the institution; and
3.4.2 whenever there is reasonable cause to believe, (not based on
assumptions or stereotypes), that an inmate is in possession of
contraband that may cause an increased level of risk to the safety
of any person or to the institution’s security (e.g., an inmate is
suspected of carrying contraband into and/or within the institution).
3.5 Staff are reminded to be professional and exercise sensitivity to preserve
the dignity of the inmate at all times, in performing scans. Scans should be
conducted in a manner that is consistent with the Ontario Human Rights
Code principles (see Searches 6.3.4).
3.6 Staff have a duty to accommodate inmate’s Code-related needs or
characteristics up to the point of undue hardship. Possible accommodation
needs may include:
a. the option to undergo a strip or frisk search;
b. the choice of the gender of the staff person who will view their
scan images;
c. the option to discuss any concerns and needs related to the
scan or its outcome in a private setting; and
d. exceptional care and handling of certain special items or
garments (e.g. medicine pouches, catheter bags, prostheses
etc.) in consultation with the inmate for spiritual, religious,
gender expression items or items related to a disability.
3.7 When an inmate refuses to be scanned or resists a scan by the whole
body x-ray security scanning system, the inmate will be segregated from
other inmates until the inmate submits to the scan or until there is no
longer a need to scan and search the inmate. Staff will explain to the
inmate why they are being segregated (e.g., for safety, security reasons,
etc.).

66
 3.8 Correctional staff, including health care staff are not to perform body cavity
searches for contraband or for any other purpose. The following will take
place if an inmate is suspected to have contraband:
3.8.1 The inmate will be segregated in a dry cell (i.e., a cell in which the
water supply has been shut off, however, drinking water will
always be available); and
3.8.2 Monitored as directed by the operating manager until there is no
longer a need to conduct a scan.

4.0 Definitions
4.1 Duty to Accommodate Short of Undue Hardship: Correctional Services
has a legal obligation under the Ontario Human Rights Code to
accommodate inmates' Code related needs short of undue hardship.
4.1.1 This means providing accommodation that:
a. Most respects the dignity and individual needs of the inmate
and/or
b. Allows inmates to maximize their participation in services.
Note: Wherever possible, efforts will be made to anticipate
barriers faced by individuals with Code related needs and
proactively address those needs.
4.1.2 Undue hardship is a legal test to describe the extent to which an
organization must accommodate these needs. When assessing
limits to the duty to accommodate (i.e., how far the organization
must go to accommodate), the only factors that can be considered
are:
a. Costs (including outside sources of funding)
b. Health and safety risks
4.1.3 Undue hardship is a high standard and must be supported by real,
direct and objective evidence. The authority to decide that an
accommodation cannot be provided because it would result in
undue hardship rests with the regional director or designate.
4.2 Isocurve: a boundary line permanently marked on the floor around the
whole body x-ray security scanning system that indicates the point at
which scatter radiation is reduced to background levels. Red lights on the
scanner indicate when a scan is in progress.
4.3 Negative Scan: an x-ray generated image of an inmate where no
contraband was determined to be concealed externally or internally.

67
 4.4 Operator Console: the operator workstation that contains the whole body
x-ray security scanning system computer, on and off controls and
emergency stop button.
4.5 Operator Interface: the whole body x-ray security scanning system
computer monitor and software with touch screen functionality that allows
the operator to manipulate, evaluate and save the generated image.
4.6 Positive Scan: an x-ray generated image of an inmate that includes
contraband or suspected contraband that has been concealed externally
or internally.
4.7 Scanning process: the whole body x-ray security scanning system
process of scanning the inmate with a very low dose x-ray.
4.8 Whole Body X-Ray Security Scanning System (Body X-Ray Scanner,
Scanner): a device that utilizes very low doses of x-rays to scan through
the body and produce a visual image (skeletal) within the system software
which is displayed on the computer monitor at the operator console. The
scanner can reveal metal, plastic, organic and inorganic items that are
concealed in clothing, on the body or internally within the body of the
individual being scanned.
4.9 Whole Body X-Ray Security Scanning System Scan (Scan): a visual
image (skeletal) that is produced by the whole body x-ray security
scanning system during the scanning process.
4.10 Whole Body X-Ray Security Scanning System Software: standalone
system and software. The system and software are not connected to the
ministry network or any other ministry computer software. All scan images,
saved data, including comments and software generated reports, must be
downloaded onto a USB flash drive and saved onto a ministry computer.

5.0 Responsibilities
5.1 The superintendent ensures that:
5.1.1 staff are aware of their roles and responsibilities and comply with
this policy.
5.1.2 Standing Orders are developed that will reflect this policy and
other applicable policies (i.e. Searches, Searching for Weapons,
Seizure and Disposal of Contraband Drugs, etc.), while
addressing the nature, design and specific concerns of the
institution.
5.1.3 all required documentation for radiation emitting devices related to
the whole body x-ray security scanning system is maintained at

68
 every institution and a copy of the document is to be stored with
each radiation emitting device.
5.1.4 they identify correctional officers and operating managers that will
be trained and authorized as operators, supervisors,
administrators, trainers, and x-ray safety officers to use and
operate the whole body x-ray security scanning system in
accordance with the determined levels of access and
responsibilities.
5.1.5 Bilingual notices are posted near the whole body x-ray security
scanning system to;
a. inform inmates that the scanning process is safe;
b. inform inmates and staff that the red lights on the scanner
indicate when a scan is in progress;
c. advise inmates to inform staff prior to a scan, where possible,
in a private setting, if they are pregnant or possibly pregnant.
5.2 A deputy superintendent, a security manager and their trained and
authorized designated backup operating manager will perform additional
administrator functions, including:
a. all operator functions;
b. all supervisor functions;
c. adding and deleting supervisor profiles; and
d. deleting images as per policy.
5.3 Operating managers will ensure that:
5.3.1 all required reports (Search Record, Misconduct Report,
Occurrence Report, Incident Report, etc.) have been completed
as necessary.
5.3.2 a security manager and their trained and authorized designated
backup operating manager will perform additional supervisor
functions including:
a. adding and deleting operator profiles; and
b. generating and downloading system generated reports and
images.
5.3.3 the certified institution x-ray safety officer (operating manager) will
be responsible for:
a. ensuring the effective operation of the whole body x-ray
security scanning system; and

69
 b. advising the superintendent or designate when the whole
body x-ray security scanning system should be shut down if
there is a concern regarding the x-ray emitting functionality of
the scanner.
5.4 Operating managers or correctional staff authorized by the superintendent
as trainers, are responsible for training other correctional staff on the use
and operation of the whole body x-ray security scanning system.
5.5 Correctional staff will:
5.5.1 if trained and authorized by the superintendent to use and operate
the whole body x-ray security scanning system, be responsible for
using and operating the whole body x-ray security scanning
system while performing all operator functions, including:
a. conducting inmate scans;
b. evaluating the image(s) generated by the body x-ray scanner
to determine if the image(s) is negative or positive; and
c. entering the required comments and saving the image(s).
5.5.2 keep their passwords confidential and not share them with anyone.
5.5.3 ensure that the body x-ray scanner is in good working order.
5.5.4 ensure that all inmates are frisk searched in accordance with
applicable policies and directives, including the removal of socks,
and ensuring that the inmate’s feet are searched prior to being
scanned.
5.5.5 ensure the orderly flow of inmates through the whole body x-ray
security scanning system process.
5.5.6 conduct scans using the whole body x-ray security scanning
system in a professional, respectful manner preserving inmate
dignity and exercising sensitivity that complies with the Human
Rights Code.
5.5.7 ensure that required reports are submitted as per applicable
policies or direction from a manager.

6.0 Procedures
6.1 Standing Orders will include and outline:
6.1.1 The use and operation of the whole body x-ray security scanning
system;
6.1.2 The scanning of inmates entering the institution in conjunction
with existing admitting and search policies and procedures;

70
 6.1.3 The scanning of inmates whenever there is reasonable cause to
believe that an inmate is in possession of contraband that may
cause an increased level of risk to the safety of any person or to
the institution’s security (e.g. an inmate is suspected of carrying
contraband into and or within the institution) in combination with
existing search policies and procedures;
6.1.4 Procedures for when an inmate resists or refuses to be scanned;
6.1.5 Procedures for when an inmate refuses to surrender contraband;
6.1.6 Procedures for when an inmate surrenders contraband; and
6.1.7 Information on the duty to accommodate inmates with Human
Rights Code related needs or circumstances.
6.2 Only correctional staff who have received the ministry approved training
are authorized to use and operate the whole body x-ray security scanning
system.
6.3 No one may access or obtain information from the whole body x-ray
security scanning system software without authorized access by the
superintendent or delegate.
6.4 Staff are to conduct scans using the whole body x-ray security scanning
system professionally and exercise sensitivity to preserve inmate dignity
when performing them.
6.5 Steps must be taken to maximize the privacy and confidentiality of any
information related to Code related needs.
6.6 Scans are to be conducted in a manner that is consistent with Human
Rights Code principles (see Searches 6.3.4). Staff must be aware that
inmates may require certain items to meet their medical, religious or
spiritual, gender identity or expression and other Code related needs (e.g.,
prosthetic items, medicine pouches, kirpan, kippah). These items must be
handled with special care (Aboriginal Spirituality and Admission,
Classification and Placement of Trans Inmates).
6.7 Scanning Inmates Using the Whole Body X-Ray Security
Scanning System
6.7.1 The whole body x-ray security scanning system will be used in
combination with other existing search techniques to search
inmates.
6.7.2 When scanning inmates using the whole body x-ray security
scanning system, the following procedures are to be followed:
a. All inmates will be scanned upon admission to an institution
that has a whole body x-ray security scanning system;

71
 b. Whenever there is reasonable cause to believe that an
inmate is in possession of contraband that may cause an
increased level of risk to the safety of any person or to the
institution’s security (e.g. an inmate is suspected of carrying
contraband into and/or within the institution); and
c. Male and female operators can scan male inmates (see
Searches 6.3.4, Scanning Female Inmates and Scanning
Trans Inmates).
6.7.3 Inmates will be scanned using the whole body x-ray security
scanning system upon entering the Admitting and Discharge area.
6.7.4 Prior to a scan and following the verification of legal holding
documents and identification of an inmate, admitting and
discharge staff will conduct frisk searches in conjunction with
existing admission process (see Admitting 6.1 and Searches 6.4);
a

b. After the frisk search, the inmates are to be scanned. If the

immediate scanning of an inmate is not possible the inmate
may be placed in a holding cell pending the scan.
6.7.5 Whenever a frisk search is conducted, it is recorded in the
appropriate area logbook and, if necessary, on a Search Record
and Occurrence Report (see Institution Logs, and Report Writing).
6.7.6 OTIS numbers will be used for the purpose of:
a. identifying the inmate being scanned;
b. creating a file within the system for each inmate being
scanned;
c. recording and tracking the accumulated radiation dose and
the number of times an inmate is scanned.
6.8 Inmates admitted with an existing OTIS number
6.8.1 The inmate’s existing OTIS number and name will be entered and
saved into the system software to create the initial inmate file
where all subsequent scans for the inmate will be saved.

72
 6.8.2 After the first scan, the inmate’s file is searchable by OTIS
number.
6.9 New inmate admissions without an existing OTIS number
6.9.1 In accordance with existing procedures, admitting and discharge
staff will complete the admission of an inmate into the facility on
OTIS.
a. The OTIS number will be provided at the time of the scan or
inputted into the scanner software once an OTIS number has
been assigned.
b. When an OTIS number has not been generated at the time of
the scan for a new admission, the inmate's date of birth and
name will be entered and saved into the system software to
identify the file in the following format: DD/MM/YYYY and
SURNAME, Given name/preferred name.
i. Subsequent scans are to include the inmate OTIS
number.
6.10 Where operationally feasible, a minimum of will be present
when a scan is conducted.
.
6.10.1 The operator will remain at the operator console during the
scanning process.
6.10.2 The operator will provide prompts to the inmate and second
officer to direct the movement of inmates through the scanning
process.
6.10.3 The second officer will follow the prompts of the operator to direct
the movement of inmates through the scanning process.
6.11 Subject to any human rights considerations, (see 4.1) inmates will be
directed to the scanner individually and instructed to step onto the
scanning platform

6.12 The operator will commence the scan following the approved procedure
while the second officer provides direction to the inmate to remain still
while on the platform until further directed is given.
6.12.1 When a scan is in progress, all correctional staff and inmates, with
the exception of the inmate being scanned, are to remain outside
of the marked isocurve.

73
 6.12.2 Red lights on the body x-ray scanner and operator console
indicate when the scan is in progress.
6.13 Once the platform has completed its cycle and stops, the second officer
will direct the inmate to step off the platform and remain standing at a
designated spot until cleared by the operator.
6.14 Prior to the inmate being placed into an appropriate holding area pending
the completion of the admission process, the operator will evaluate the
generated image. If the operator identifies an area of potential concern,
correctional staff may question the inmate in an effort to identify the item of
concern.
6.15 Negative Scan – Operator determines no contraband present
When the operator determines that no contraband is present, the inmate
will be placed into a designated holding area pending the completion of
the admission process that will include a strip search.
6.16 Positive Scan - Operator determines the presence of
contraband
6.16.1 When the operator determines that contraband is present or
suspects that contraband is present (positive scan), the inmate
will be:
a. placed into a designated cell; and
b. provided an opportunity to surrender the contraband.
6.16.2 Once the inmate surrenders the contraband and the operator has
determined all contraband has been surrendered, the inmate is
placed into the appropriate holding area pending the completion
of the admission process.
6.16.3 All contraband found during a scan will be given to the operating
manager as soon as possible. If the contraband constitutes or
may constitute evidence of misconduct or an offence, procedures
for ensuring the continuity of evidence must be followed. (see
Searches– Disposal of Contraband, Contraband Items Required
for a Police Investigation, Seizure and Disposal of Contraband
Drugs and Searching for Weapons, etc.).
6.16.4 All required reports (e.g. search record, misconduct report,
occurrence report, incident reports, etc.) providing a written record
of any contraband found, will be completed per ministry policy.
Positive scans will also be noted on the admitting Search Record
(see Searches, Discipline and Misconduct and Report Writing).

74
6.16.5 The operator will save the positive image following the established
procedures for the system software and enter and save the
required comments in the yellow notes field.
6.16.6 A record of each inmate scan is to be saved in the system
software. The comments will be saved in the inmate’s file within
the system software and can be used for information and
comparison purposes during subsequent scans.
6.16.7 The comments may also be utilized by the ministry to generate
reports from the system software for statistical purposes.
6.16.8 At a minimum, the operator will enter and save comments in the
yellow notes field for every inmate scan. Comments must be
entered and saved in the following order and format:
a. The reason for the scan:
i. admission, or
ii. search.
b.

c. A positive scan (i.e. contraband present) will include the

following information:
i. weapon and type of weapon;
ii. drugs and type of drugs; and
iii. other types of contraband and details.
d. Area of body where the contraband was located
i. torso, body cavity, hair, etc.
e. Examples:
i.

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 f. An OTIS Alert will be created in OTIS for inmates who have
attempted to bring weapons and or significant amounts of
drugs into the institution. The established OTIS Alerts
process will be followed.
6.17 Inmate refuses or resists a scan or refuses to surrender
contraband
6.17.1 When an inmate refuses to surrender the contraband, refuses to
be scanned or resists a scan, the inmate will be segregated from
other inmates until the inmate submits to the scan or until there is
no longer a need to scan the inmate.
6.17.2 Staff will explain to the inmate, with consideration to code related
needs, (e.g. mental health, learning disability etc.) why they are
being segregated (e.g., for safety, security reasons, etc.).
6.17.3 Designated staff will ensure all required documentation has been
completed and submitted, including Search Records, and where
required, Occurrence Reports, Inmate Incident Reports and
Misconduct Reports (see Searches and Report Writing).
6.18 Scanning Female Inmates Using the Whole Body X-Ray
Security Scanning System
6.18.1 The procedure to search female inmates using the whole body x-
ray security screening system is identical to the scanning process
identified in the Scanning Inmates Using the Whole Body X-Ray
Security Scanning System (6.7) with the exception of:
a. In order to provide for greater protection in terms of personal
modesty, female operators perform scans on female inmates
(see Searches 6.3.4).
b. Prior to being scanned, all female inmates will be asked if
they are pregnant or if there is a possibility that they are
pregnant. A notice will also be posted in both French and
English, requesting that pregnant inmates inform the scanner
operator prior to being scanned if they are pregnant or if there
is a possibility they are pregnant.
Note: In an emergency situation, where there is reasonable
cause to believe that a female inmate has dangerous or
harmful contraband and a female officer is not available, a

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 male officer (authorization by an operating manager is
required) can conduct the scan using the whole body x-ray
security scanning system. When a male officer scans a
female inmate, an Occurrence Report must be submitted.
6.18.2 When evaluating a generated x-ray image and there is reasonable
cause to believe that contraband is concealed near or within a
tampon or sanitary pad, an inmate on their menstrual cycle will be
instructed to remove their tampon or sanitary pad and another
scan will be conducted. Staff conducting the scan will immediately
provide the inmate with a new tampon or sanitary pad and a
wrapper or paper bag for disposal of the used one (see Searches
6.5.12).
6.19 Pregnant Inmates
6.19.1 The body x-ray scanning process is safe for pregnant inmates.
6.19.2 If the inmate states they are pregnant or possibly pregnant, in
order to respect the potential concerns of the inmate, correctional
staff will initially scan at the lowest level; and
a. if required, the inmate may be scanned at a higher level in
order to generate an effective image.
6.19.3 A comment will be made and saved in the yellow notes field
indicating that the inmate is or possibly is pregnant and will be
saved in the comment box by the operator.
6.20 Scanning Trans Inmates Using the Whole Body X-Ray
Security Scanning System
6.20.1 The procedure to search trans inmates using the whole body x-
ray security screening system is identical to that of the scanning
process identified in the Scanning Inmates Using the Whole Body
X-Ray Security Scanning System in conjunction with the
Admission Classification and Placement of Trans Inmates policy
(also see Searches 6.3.4).
6.20.2 Trans inmates will be advised of male, female or split search
options and be scanned according to their preference.
Note: Prosthetics used to express gender identity are body parts
and should be treated as such.
6.21 Medical Precautions and Exemptions
6.21.1 The body x-ray scanning process is safe for inmates with a
pacemaker or internal defibrillator.

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 6.21.2 An inmate must step onto the platform of the whole body x-ray
security scanning system before the scanning function can be
performed. This may pose challenges for some individuals who
may have a disability or mobility restriction and may not have the
ability to step onto the platform. If individuals in a wheelchair or
using an assistive device are unable to stand on the scanner
platform unassisted, they will not be scanned. Other approved
contraband detection tools will be used (see 3.5).
6.22 Inmate with Physical Disability or Prosthesis
6.22.1 The operator must analyze an image to ensure contraband is not
concealed in the area of a medical implant or prosthesis and
confirm that the inmate is not attempting to have the operator
believe that contraband is a medical implant or device or
attempting to conceal contraband within or in the area of an actual
medical implant or device. The whole body x-ray security
scanning system can assist in confirming the location in which a
medical implant or prosthesis is present for safety and security
reasons.
6.22.2 If an inmate states that they have a medical implant or prosthesis
and the validity of the information cannot be confirmed by
analyzing an image, health care staff are to be consulted to
confirm the information. If health care staff are unable to confirm
the presence of a medical implant or prosthesis immediately and
the inmate is temporarily segregated, health care staff will advise
the admitting and discharge manager or designate on duty as
soon as confirmation has been obtained.
6.22.3 The admitting and discharge manager or designate will ensure
that the presence of a medical implant or prosthesis, pacemaker
or internal defibrillator is recorded on the Unit Notification Card
and within OTIS Alerts according to existing policies.
6.23 Saving, Downloading, Retention and Deletion of Images
6.23.1 All generated images will be saved to the corresponding inmate
file within the whole body x-ray security scanning system software
as the image(s) may be required for comparison of subsequent
scans and may be required for possible misconduct and or
internal and or criminal investigation procedures.
6.23.2 All image(s) will be saved according to the whole body x-ray
security scanning system procedures and then downloaded to a
portable flash drive, and saved to a ministry computer by
authorized correctional staff, according to the Digital Images

78
 Policy and Procedures (see Digital Images of Inmate and Staff
Injuries, and Safeguarding Personal Information Process).
a. The image(s) will be downloaded onto a secure encrypted
portable flash drive from the whole body x-ray security
scanning system standalone software and saved to a ministry
computer within the Security Unit by authorized correctional
staff; for potential misconduct and or internal and or criminal
investigation purposes;
b. All images will automatically be deleted from the whole body
x-ray security scanning system software within 30 days of the
date the image was created. This is an automatic process.
c. Digital images of inmates are subject to all the rules and
procedures governing the preserving, distributing and
releasing of all government records.
d. Once the image(s) have been uploaded to a ministry
computer, the retention of digital images will be in accordance
with the records retention schedule in accordance to section
11 of the Archives and Recordkeeping Act, 2006 (see Digital
Images of Inmate and Staff Injuries).
6.23.3 Authorized personnel will answer any questions that the inmate
may have with respect to how the images will be taken, stored,
accessed and used.
6.24 Equipment Failure
6.24.1 In the event of an equipment malfunction, staff will immediately
advise the operating manager on duty so that the necessary
repairs or equipment servicing can be arranged. An Occurrence
Report will be submitted.
6.24.2 Correctional staff will maintain other search procedures until the
whole body x-ray security scanning system equipment is
operational.
6.24.3 The use and operation of the whole body security scanning
system is an additional search tool and does not replace current
search procedures.
6.25 Training
6.25.1 Only correctional staff that have received the ministry approved
training are authorized to use and operate the whole body x-ray
security scanning system.
6.25.2 The superintendent will identify the correctional staff that will be
trained and authorized to use and operate the whole body x-ray

79
 security scanning system; as operators, supervisors,
administrators, trainers, and x-ray safety officers, in accordance
with the determined levels of access and responsibilities.
6.25.3 Completion of the orientation is to be recorded on the Learning
Management System (LMS) for tracking purposes.
6.26 Documentation Required for Radiation Emitting Devices
6.26.1 Documentation related to the whole body x-ray security scanning
system must be maintained at every institution with each radiation
emitting device.
6.26.2 To ensure the required documents are available when required,
all original documents must be maintained and kept up to date
within a single file with the superintendent’s office as follows:
Original documents
a. The X-Ray Emitting Device registration documentation;
b. The annual Radiation Survey Assessment;
c. The name of the institution’s designated x-ray safety officer
and a copy of the x-ray safety officer’s certificate;
i. The registration documents must be kept up to date to
include the name of the institution’s current x-ray safety
officer; and
ii. The updated documents must be submitted to the
Ministry of Labour;
d. A list of the approved trainers and copies of their certificates;
e. A list of the operators trained, the dates of the training and
the name of the trainer conducting the training.
6.26.3 Copies of all the original documents must also be maintained and
kept up to date within a single file at or immediately nearby the
whole body x-ray security scanning system site and be available
to the Ministry of Labour Inspector every time a tour takes place
and whenever they are requested as follows:
Copies of original documents
a. X-Ray Emitting Device registration documentation
b. The annual Radiation Survey Assessment
c. The name of the institution’s designated x-ray safety officer
and a copy of the x-ray safety officer’s certificate

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 i. The registration documents must be kept up to date to
include the name of the institution’s current x-ray safety
officer;
d. A list of the approved trainers and copies of their certificates
e. A list of the operators trained, the dates of the training and
the name of the trainer conducting the training
The operator user manual detailing the safety features,
components and warning lights and safety devices is to be
available for the operators to review
6.26.4 Copies of Documents for Tracking Purposes
a. In order to assist with the maintenance and tracking of the
documents related to radiation emitting devices, the
Provincial Emergency Response and Security Unit (PERSU)
will maintain a master inventory of the documents.
b. Copies of the following documents and updates are to be
sent to the Manager and Administrative Assistant, Provincial
Emergency Response and Security Unit:
i. The X-Ray Emitting Device registration documentation;
ii. The annual Radiation Survey Assessment;
iii. The name of the institution’s designated x-ray safety
officer and a copy of the x-ray safety officer’s certificate;
iv. The registration documents must be kept up to date to
include the name of the institution’s current x-ray safety
officer;
v. A list of the approved trainers and copies of their
certificates;
vi. A list of the operators trained, the dates of the training
and the name of the trainer conducting the training.
6.26.5 Freedom of Information and Protection of Privacy
The Regulations under the Freedom of Information and Protection
of Privacy Act requires that a ministry must ensure that personal
information under its control is kept secure and protected from
unauthorized access. (see Freedom of Information and Protection
of Privacy Act, PART III ref. “Protection of Individual Privacy”),
(see Sharing of Information with Third Parties and Regulations
under the Freedom of Information and Protection of Privacy Act,
ref. "Access Procedure - Request").

81
7.0 Authority
Ministry of Correctional Services Act; ref. “Functions of Ministry”
Regulations under the Ministry of Correctional Services Act; ref. “Searches”
Freedom of Information and Protection of Privacy Act, Part III, ref. "Protection of
Individual Privacy"
Freedom of Information and Protection of Privacy Act, ref. "Access Procedure -
Request"
Freedom of Information and Protection of Privacy Act ref. “Collection and
Retention of Personal Information”
Ontario Human Rights Code

8.0 Related Documents

Refer to Undue Hardship, dated July 30, 2015
Safeguarding Personal Information Process

9.0 Revision History

Date Description of Change Reference Section(s)

October 07, 2016 New policy All

82
 1

Ministry of Community Safety and Ministère de la Sécurité communautaire et des

Correctional Services Services correctionnels

Offices of the Assistant Deputy Ministers Bureaux des sous-ministres adjoints

Operational Support, 16th Floor Appui opérationnel, 16ième étage

Institutional Services, 17th Floor
25 Grosvenor Street
Toronto ON M7A 1Y6
Telephone: (416) 327-0099
Telephone: (416) 327-9992
Facsimile: (416) 314-6669
Services établissement, 17ième étage
25 rue Grosvenor
Toronto ON M7A 1Y6
Téléphone: (416) 327-0099
Téléphone: (416) 327-9992
Télécopieur: (416) 314-6669

MEMORANDUM

TO: All Superintendents

FROM: Nancy Sanders, Assistant Deputy Minister, Operational Support Division

Christina Danylchenko, Assistant Deputy Minister, Institutional Services

DATE: October 7, 2016

SUBJECT: WHOLE BODY X-RAY SECURITY SCANNING SYSTEM POLICY

The Institutional Services Policy and Procedures Manual has recently been updated to include the
new Whole Body X-Ray Security Scanning System policy. This policy establishes guidelines for the
use and operation of Correctional Services’ approved Whole Body X-Ray Security Scanning
Systems by trained and authorized correctional staff and provides direction for the development of
local standing orders.

This policy also provides details regarding the procedures to follow for:

o the scanning of female, male, pregnant and trans inmates;

o negative and positive scans;
o the saving, downloading, retention and deletion of images; and
o best practices for human rights and Indigenous considerations during the scanning
process.

In addition, the Whole Body X-Ray Security Scanning Systems are supported by correctional staff,
as well as local and provincial health and safety committees. The systems are to work in
combination with other existing search techniques and equipment to reduce contraband and
incidents involving weapons, improve staff and inmate safety as well as enhance the safety and
security of correctional facilities.

By accessing the following link: Whole Body X-Ray Security Scanning System , you will be directed
to the Security and Controls section of the Institutional Services Policy and Procedures Manual on
the MCSCS intranet.

Should you have any questions or require additional information, please contact
David.Ellis@ontario.ca, Manager, Provincial Emergency Response and Security Unit at (416-)-629-
3364 or Carol.Knight@ontario.ca, Program Advisor (A), Institutional Operational Policy Unit at (705)
494-3336.

83
 2

Best Regards,

Original signed by Original signed by

_____________________ ______________________
Nancy Sanders Christina Danylchenko
Assistant Deputy Minister Assistant Deputy Minister
Operational Support Institutional Services

Distribution list:

c: M. Welch, Associate Deputy Minister, Correctional Services

N. Sanders, Assistant Deputy Minister, Operational Support Division
M. Knappett, Assistant Deputy Minister (A), Community Services
C. Arthur, Executive Lead, Transformation Secretariat
R. Thompson, Chief of Oversight & Investigation, (CSOI)
Regional Directors, Institutional Services
B. Cook, Director (A), Field Operations and Corporate Support Branch (FOCSB)
G. Gladdy, Director, Business Planning, Resources and Solutions Branch (BPRSB)
D. Horie, Director, Justice Audit Services Team
K. Michalicka, Director, Ontario Correctional Services College
D. Pitfield, Director, Institutional Operational Branch
J. Oliver, Director (A), Programs and Operational Policy Branch (POPB)
R. Mayoh, Assistant Director, Programs and Operational Policy Branch (POPB)
Deputy Regional Directors, Institutional Services
Managers, BPRSB
Managers, FOCSB
Managers, POPB

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 WHOLE BODY X-RAY SCANNING

1.0 Purpose

This standing order establishes guidelines for trained and authorized institutional
employees to conduct whole body scans of inmates’ utilizing the Whole Body
Security Scanning system. This policy is to be read in conjunction with local
standing orders and all applicable ISPPM policies; including Admissions,
Searches and Admissions Classification and Placement of Transgender Inmates.

2.0 Staff Affected

This standing order applies to all institutional services employees at the

Hamilton-Wentworth Detention Centre.

3.0 Policy

Scans of inmates utilizing the Whole Body X-Ray Security Scanning system will
be conducted for the purpose of discovering contraband, objects and situations
that might be dangerous or detrimental to the safety and welfare of employees,
inmates, other persons and/or to the overall security of the institution.

Scans utilizing the Whole Body X-Ray Security Scanning system are designed to
achieve this by:
 Detecting and preventing the introduction, use of or trafficking of contraband;
 Recovering missing or stolen inmate and institutional property;
 Identifying items or situations which might assist in or contribute to an escape,
disturbance, suicide, assault or other serious occurrence;
 Discouraging theft, trading and bartering by inmates;
 Detecting the presence of and/or the manufacture of weapons, escape
devices, intoxicants, etc., within the institution; and
 Identifying health, safety and security hazards which might remain undetected
during less formal inspections.

The whole body x-ray security scanning system will be used to scan inmates to
assist in the detection of concealed contraband only. The whole body x-ray
security scanning system is not a medical x-ray device and is not to be used for
medical purposes.

When the whole body x-ray security scanning system is used in combination with
existing search techniques and equipment, the whole body x-ray security
scanning system creates a safer environment for staff and inmates.

85
 The whole body x-ray security scanning system will be utilized in conjunction with
other available search equipment (e.g. hand held metal detectors, walk through
metal detectors, parcel x-ray scanners, etc.), and in conjunction with other types
of search procedures including frisk and strip searches.

The use and operation of the whole body x-ray security scanning system is an
additional search tool and does not replace current search procedures.

All inmates upon admission to the facility will be scanned regardless of the
reason for admission (new arrival, transfer, court return, police hold etc.).

In all other instances, where an inmate is suspected of possessing contraband

that represents an increased level of risk to the safety of any person or the
institution’s overall security, a case by case determination to utilize the whole
body x-ray scanning system will be made by the Sergeant, in consultation with
senior administration and/or the on-call administrator.

4.0 Definitions

Contraband: unauthorized property or items in the possession of an inmate which

may be an item not issued by the institution or an item that is issued by the
institution but is:
 Altered or not altered, but used for a purpose other than that for which it was
issued; or
 Possessed in a quantity in excess of what was issued; or
 Possessed in an area other than where it was intended for use; or
 Possessed at a time other than when it was intended for use.

Isocurve: a boundary line permanently marked on the floor in the prescribed

distance around the whole body x-ray security scanning system. Red lights on
the scanner indicate when a scan is in progress. When a scan is in progress, all
correctional staff are to remain outside of the marked isocurve.

Negative Scan: an x-ray generated image of an inmate where no contraband

was determined to be concealed externally or internally.

Positive Scan: an x-ray generated image of an inmate that includes contraband

or suspected contraband that has been concealed externally or internally.

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5.0 Responsibilities

5.1 The Superintendent is responsible for ensuring compliance with this

policy.
5.2 The Superintendent will establish a defined standard for the
circumstances when Body Scans must be conducted, which will be
reflected in Standing Orders.
5.3 Sergeants will ensure Body Scans are being completed and ensure scans
are conducted professionally and in compliance with this policy.
5.4 Sergeants will ensure all required documentation has been completed and
submitted.
5.5 Correctional staff trained in the approved Body Scanner procedures will
conduct the scans.
5.6 Correctional staff will immediately report to the appropriate health care
personnel any signs of illness, disease, parasites (e.g., scabies, crabs,
lice, etc.) or injury when conducting a Body Scan.
5.7 Correctional staff will immediately report to the Sergeant any signs of
contraband or suspicions of contraband when conducting a Body Scan.
5.8 Correctional staff will conduct scans in a professional, non-discriminatory
manner preserving inmate dignity and exercising sensitivity when
performing this task.
5.9 Correctional staff will ensure appropriate reports are submitted as per
applicable policies, or direction from a Sergeant.

6.0 Procedures

6.1 All inmates returning to the institution from outside the facility will have
mechanical restraints removed in the Admitting & Discharge sally port
area.
6.2 The inmate will be directed to walk through the archway metal detector
and/or if necessary scanned by hand held metal detectors.
6.3 Once cleared in the archway metal detector or by hand held metal
detecting wands the inmate will be frisk searched by Correctional Officers
in accordance with standing orders about Admissions and Searches,
including the removal of socks and ensuring that the inmate’s feet are
thoroughly searched prior to being scanned.
6.4 The inmate will be secured into a male or female holding cell accordingly.
Correctional Officers will ensure that inmates who have not been scanned
by the Body Scanner are not housed with inmates who have been
scanned to prevent cross contamination of inmates during the admission
or return booking processes.

87
6.5 As part of the admission or returning processing procedures correctional
staff will make every effort to ensure an inmate has a valid OTIS number
prior to conducting a scan. Once a valid OTIS number is obtained the
inmate will be individually escorted to the Body Scanner location. There
will never be more than one inmate in the Body Scanner room with
Correctional Officers at any given time.
6.6 The Correctional Officer(s) performing the Body Scan will:
6.6.1 Create a file within the system for each inmate being scanned.

6.6.3 The escorting correctional officer will ensure the inmate is properly
positioned on the scanning platform. Proper positioning involves
having the inmate stand on the platform, grip the associated hand
rails with both hands, turn their toes outward to ensure a side
profile view of their feet and to tuck their chin down to their chest.
The inmate can face forwards or to the rear, this will not impact the
quality of the scan. Once the inmate is correctly positioned, the
escorting officer will advise the body scanner operator in the A&D
module via the intercom system. The inmate will be directed to
remain as still as possible during the scanning process.
6.6.4 Inmates may be scanned while wearing mechanical restraints if the
situation requires the continued use of the mechanical restraints
during the scan process. In these instances the inmate will be
directed to raise their hands above their head so that the
mechanical restraints will not overlap the inmate’s torso and hide
possible contraband.
6.6.5 The body scanner operator will ensure correct placement of the
inmate by viewing the associated monitor or by viewing through the
observation window prior to initiating the body scan.
6.6.6 During the scanning process the escorting correctional officer will
remain clear of the painted Isocurve area.
6.6.7 Once the platform has completed its cycle and stops, the escorting
officer will direct the inmate to step off the platform and remain
standing at a designated spot until cleared by the scanner operator.
6.6.8 The scanner operator will now evaluate the scan image in
accordance with training to determine if the scan is positive or
negative.

88
 6.6.9

6.7 If the operator determines the scan is negative the operator will advise the
escorting officer to continue the admission process and to relocate the
inmate to a suitable holding cell, ensuring that the current inmate has no
form of contact with inmates that have not been scanned. The body scan
image will now be saved in accordance with body scanner training
procedures.
6.8 Following utilization of the body scanner, inmates must still participate in a
strip search and positioning on the BOSS chair before being considered
clear for movement to the levels, living units and the interior of the facility.
6.9 In any stage of searching or scanning, any indications of metal detection,
contraband or suspicious concerns must be investigated further by the
Correctional Officers and must be reported to the Sergeant for suitable
follow-up.

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6.10 Where the scan is determined to be positive in nature the operator will
save the positive image following the established procedures for the
system software

6.10.1 The reason for the scan:

1. admission or
2. search
6.10.2 In the case of female inmates, if the inmate is:
1. pregnant or
2. possibly pregnant
6.10.3 weapon and type of weapon
6.10.4 drugs and type of drugs if known, including method of
packaging if known
6.10.5 other types of contraband and relevant details
6.10.6 area of body where the contraband was located such as
torso, body cavity, hair etc.
6.10.7 Examples of positive entries (excluding info from 6.10.1 and
6.10.2) are as follows:
1.
2.

4.
5.
6. positive, other, medical pins, screws, plates, left shin
6.11 An OTIS Alert will be created in OTIS for inmates who have attempted to
bring weapons and or significant amounts of drugs into the institution. The
established OTIS Alerts process will be followed.
6.12 The inmate will be ordered to surrender the contraband as identified by
the Correctional Officer and will be afforded the opportunity, with dignity,
to retrieve the contraband and surrender it to the Correctional Officer. At
no time will the inmate be shown the Body Scanner image or be left alone
to flush or otherwise dispose of the identified contraband. Once the
contraband is received the inmate will be re-scanned to ensure that all
contraband was recovered. The two scans (pre detection and post
detection) will be compared as per body scanner procedures to ensure all
contraband is retrieved. Initial scans and repeat scans including all
findings will be reflected on the search record and in the Body
Scanner software. In all instances where contraband is recovered during
these procedures all staff involved will submit occurrence reports to the
Sergeant for review and possible Ministry or police follow-up. The
Sergeant upon notification of a finding of contraband during the Body
Scanner process will ensure that Senior Administration or the On-Call

90
 Administrator are notified and provided the details of the incident. In any
instance where an inmate surrenders contraband of an illegal drug or
narcotic nature, whether housed within a body cavity or not, the inmate will
be assessed by health care personnel to ensure the inmate is not under
the influence of the contraband surrendered. This medical assessment will
be reflected in the inmate’s medical file. In all instances where contraband
of a weapon or drug nature are found during the body scanning process,
the inmate being scanned will be placed on misconduct for possession of
contraband. In any instance where contraband is located that is not of a
drug or weapon quality, the decision to lay a misconduct will remain with
the investigating Sergeant.
6.13 Refusals to participate in the Body Scanner process or surrender identified
contraband will result in the following procedures being immediately
implemented without deviation or alteration:
6.13.1 The Sergeant must be immediately notified and will attend without
delay to the Body Scanner location. The refusing inmate will be
kept at the Body Scanner location until the Sergeant arrives.
6.13.2 The Sergeant will speak to the refusing inmate and ensure the
reasoning for the Body Scan is clearly expressed to the refusing
inmate, including reassurances about safety and zero health risk to
the inmate being scanned.

6.13.3 If the inmate continues to refuse the Body Scan process or

continues to refuse to surrender the contraband, the inmate will be
immediately accessed by health care personnel to identify their
current medical condition and/or stability. The inmate will be
advised that he/she is being placed on misconduct for refusing a
direct order. The Correctional Officer performing the Body Scan
procedure will be responsible to complete the misconduct and
accompanying informational occurrence report providing all
pertinent details of the incident.
6.13.4 Following medical assessment by health care personnel the inmate
will be placed on a mandatory head watch, of which the frequency
or interval of assessment will be determined by the RN.
6.13.5 After a head watch has been initiated the inmate will be segregated
and dry cell procedures will be implemented.
6.13.6 The inmate will not be permitted to have a cell partner, attend
programming with any other inmates and will not be housed, moved
or transported with other inmates to ensure that any potential
contraband cannot be passed on. Any institutional visits will be
conducted in the Old Female Visiting area. The inmate will be
reflected as “Keep Separate from All” on all institutional tracking
forms.

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 6.13.7 These conditions will remain in effect until the inmate agrees to
participate in the Body Scan process and is determined contraband
free or until the process is reviewed by Senior Administration and
ordered discontinued.
6.14 Operational Requests to performing Body Scans on inmates housed on
living units will be accessed by the Sergeant, in consultation with Senior
Administration or the On-Call Administrator to determine suitability and/or
procedures to be followed.

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Ministry of Institutional Services
Community Safety Policy and Procedures Manual
and Correctional Services

Section: Release Date:

Security and Controls October 2, 2017
Sub Section:
N/A

Walk Through Metal Detectors

1.0 Purpose
This policy establishes guidelines for the operation and use of walk through metal detectors in designated
areas of correctional institutions.

2.0 Staff Affected

This policy applies to all correctional services employees involved in the detection and elimination of
contraband. These employees have received the necessary orientation and are approved to use security
control equipment.

3.0 Policy
This policy is to be read in conjunction with all applicable Institutional Services Policies and Procedures
that include but are not limited to Aboriginal Spirituality, Searches, Searching for Weapons and Visiting.

3.1 Walk through metal detectors, in combination with existing search techniques, create a safer
environment for:

3.1.1 staff, Native Inmate Liaison Officers/Inuit Liaison Officers, inmates, professional visitors
(including lawyers, faith group leaders, Indigenous teachers/elders/helpers/healers) and
volunteers within the institution; and

3.1.2 other members of the public who are at times in contact with the inmate population.

3.2 The use of walk through metal detectors does not replace current search procedures. As not all
contraband is metallic, strip and frisk searches remain primary methods of search, with the walk
through metal detector specifically targeting metal contraband.

3.3 Professional visitors, visitors, volunteers and inmates may be required to walk through the metal
detector to assist in the detection of concealed metallic objects.

3.4 Walk through metal detectors are to be strategically located to ensure they are used to the greatest
extent.

3.5 This policy must be applied in a manner that is consistent with the ministry's obligation to provide
services that are free from discrimination under the Ontario Human Rights Code (Code)
accommodations based on Code related needs, to the point of undue hardship. All persons required
to walk through metal detectors in a facility, will be treated with respect and dignity. Sensitivity will be
exercised during the process.

3.6 Code related needs of inmates, professional visitors, visitors and volunteers may include:

3.6.1 the assistance of a service animal or assistive device;

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 3.6.2 alternative search methods for medical reasons (i.e. a pacemaker, internal defibrillator,
metallic implant or prosthesis etc.);

3.6.3 special handling of spiritual or religious items; and

3.6.4 privacy and modesty during the search process to remove metal articles.

4.0 Definitions
4.1 Duty to Accommodate Short of Undue Hardship: Correctional Services has a legal obligation
under the Ontario Human Rights Code (Code) to accommodate an individual's Code related needs,
short of undue hardship.

This means providing accommodation that:

a. most respects the dignity and meets the individual needs of the inmate; and/or

b. allows inmates to maximize their participation in services.

Note: Wherever possible, efforts will be made to anticipate barriers faced by individuals with Code
related needs and proactively address those needs.

Undue hardship is a legal test to describe the extent to which an organization must accommodate
these needs. When assessing limits to the duty to accommodate (i.e. how far the organization
should go to accommodate), the only factors that can be considered are:

a. costs (including outside sources of funding); and/or

b. health and safety risks.

Undue hardship is a high standard and must be supported by real, direct and objective evidence.

4.2 Ferrous Metal: Metal objects such as steel, stainless steel, and alloys containing iron (e.g.
handcuffs).

4.3 Nonferrous Metal: Any metal, including alloys, aluminum, copper, lead, nickel, tin, titanium, zinc,
brass, gold, silver, platinum that does not contain iron in appreciable amounts (e.g eye glass
frames).

4.4 Walk Through Metal Detector: An arched structure that detects ferrous and nonferrous metal as a
person walks through it.

5.0 Responsibilities
5.1 The superintendent is responsible for ensuring compliance with this policy.

5.2 The superintendent ensures Standing Orders are developed outlining the location and use of walk
through metal detectors.

5.3 The superintendent is responsible for ensuring that Standing Orders are developed for the scanning
of inmates entering or leaving the institution (where available), in conjunction with admitting and
discharge procedures.

5.4 The superintendent is responsible for ensuring that Standing Orders are clear on the requirement to
scan all professional visitors, visitors and volunteers as a condition of entering the institution (where
available).

5.5 The operating manager is responsible for providing direction to correctional staff.
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5.6 Correctional staff will be responsible for checking to ensure the walk through metal detectors are
operational and for notifying the operating manager of any issues.

5.7 Correctional staff will be responsible for ensuring the orderly flow of individuals through the walk
through metal detector and for notifying the operating manager of any issues.

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96
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 6.6.1 As a precautionary measure, any person with a pacemaker or internal defibrillator including
inmates and/or professional visitors, visitors and volunteers must not be scanned with a
walk through metal detector. Under these circumstances, these individuals will be scanned
using a hand held metal detector.

6.6.2 A bilingual notice must be posted in the immediate vicinity of the walk through metal
detector to request that correctional staff be notified if inmates, professional visitors,
visitors and volunteers have a pacemaker or internal defibrillator. The notice must contain
the following wording in both English and French:

a. Notice: If you have a pacemaker or internal defibrillator, inform correctional staff

immediately.

b. Avis: Si vous portez un stimulateur cardiaque ou un défibrillateur interne, veuillez

immédiatement informer le personnel des services correctionnels.

6.7 Equipment Malfunction/Failure

6.7.1 In the event of an equipment malfunction, staff will advise and submit an occurrence report
to the operating manager so that the necessary repairs or equipment servicing can be
arranged.

6.7.2 Correctional staff will use hand held metal detectors and maintain other search procedures
until the malfunctioning walk through metal detectors have been repaired.

6.8 Training

6.8.1 Only staff that have received orientation on its use are authorized to operate the walk
through metal detector.

6.8.2 The orientation will include but not be limited to a review of the Walk Through Metal
Detector policy followed by a practical demonstration and instruction. Completion of
orientation is to be recorded on the Learning Management System (LMS) and Hiring
Protocol (HPRO) for effective staff assignment and tracking purposes.

7.0 Authority
Ministry of Correctional Services Act, ref. Functions of Ministry

Regulations under the Ministry of Correctional Services Act, ref. "Searches" and "Visiting Privileges"

Ontario Human Rights Code

8.0 Related Documents

Refer to Undue Hardship, dated July 30, 2015

9.0 Revision History

Date Description of Change Reference Sections
October 2, 2017 New policy All

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Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Latest Revision:
Security and Controls April 29, 2015
Sub-Section:
N/A

Searches

1.0 Purpose

This policy establishes guidelines for institutional employees conducting searches.

2.0 Staff Affected

This policy applies to Institutional Services employees.

3.0 Policy

3.1 Frequent and thorough searches of inmates, their living accommodations, other
areas of the institution and the grounds will be conducted for the purpose of
discovering contraband, objects and situations that might be dangerous or
detrimental to the safety and welfare of employees, inmates, other persons or to
the overall security of the institution.
3.2 Searches are designed to achieve this by:
3.2.1 detecting and preventing the introduction, use or trafficking of contraband;
3.2.2 recovering missing or stolen property;
3.2.3 identifying items or situations which might assist in or contribute to an
escape, disturbance, suicide, assault, or other serious occurrence;
3.2.4 discouraging theft, trading and bartering by inmates;
3.2.5 detecting the presence of and/or the manufacture of weapons, escape
devices, intoxicants, etc., within the institution;
3.2.6 identifying health, safety and security hazards which might remain
undetected during less formal inspections; and
3.2.7 monitoring and preventing waste, vandalism or misuse of government
property.
3.3 Searches are a necessary correctional practice to maintain facility security.

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 3.4 Staff are reminded to be professional and exercise sensitivity and dignity in
performing searches. Searches should be conducted in a manner that is
consistent with Ontario Human Rights Code (Code) principles (see 6.3.4).
3.5 When an inmate refuses to be searched or resists a search, the inmate will be
segregated from other inmates until the inmate submits to the search or until there
is no longer a need to search the inmate. Staff will explain to the inmate why they
are being segregated (e.g., for safety, security reasons, etc.). The only exception
is in an emergency situation where an employee has reasonable cause to believe
that an immediate search is necessary because an inmate is concealing
contraband that is dangerous or potentially harmful to personal safety or
institutional security (see Use of Force). If force is to be used, the employee's
supervisor must authorize and record it on the Search Record.
3.6 Correctional staff are not to perform body cavity searches for contraband or for
any other purpose. The following will take place if an inmate is suspected to have
contraband:
3.6.1 the inmate will be segregated in a dry cell (i.e., a cell in which the water
supply has been shut off, however, drinking water will always be
available); and
3.6.2 monitored as directed by the operating manager until there is no longer a
need to conduct a search.

4.0 Definitions

4.1 Body cavity search: is either a visual internal search or a manual internal
inspection of body cavities for contraband.
4.2 Contraband: unauthorized property in the possession of an inmate which may be
an item not issued by the institution or an item that is issued by the institution but
is:
4.2.1 used for a purpose other than that for which it was issued;
4.2.2 possessed in a quantity in excess of what was issued; or
4.2.3 possessed in an area other than where it belongs.
4.3 Frisk search: a hand search of a clothed inmate or a search conducted with a
portable scanning device. It includes requiring the inmate to open his or her mouth
and raise, lower or open outer garments of clothing to permit a visual inspection.
4.4 Routine search: a routine search of a person, place or vehicle which is
conducted without individual suspicion but in order to ensure compliance with the
security, health and safety standards of the institution.
4.5 Strip search: a procedure during which the inmate being searched is required to
undress completely in front of the employee.
5.0 Responsibilities

5.1 The superintendent is responsible for ensuring compliance with this policy.
5.2 The superintendent will establish a program of searches with defined standards
for the frequency, locations and circumstances when searches must be conducted
which will be reflected in Standing Orders.
5.3 Operating managers will ensure the search program is being completed and
ensure searches are conducted professionally and in compliance with this policy
and the Code.
5.4 Operating managers will ensure all required documentation has been completed
and submitted.
5.5 Correctional staff trained in the approved procedures will conduct searches.
5.6 Correctional staff will routinely conduct random and irregular frisk searches.
5.7 Correctional staff will immediately report to the appropriate health care personnel
any signs of illness, disease, parasites (e.g., scabies, crabs, lice, etc.) or injury
when conducting a search.
5.8 Correctional staff will conduct searches in a professional, non-discriminatory
manner preserving inmate dignity and exercising sensitivity when performing this
task.
5.9 Correctional staff will ensure appropriate reports are submitted as per applicable
policies, or direction from a manager.

6.0 Procedures

6.1 Search Program

6.1.1 The superintendent will establish a program of searches with defined
standards for the frequency, locations and circumstances when searches
must be conducted. These requirements will be listed in the Standing
Orders and will reflect this policy while addressing the nature, design and
specific concerns of the institution.
6.1.2 At a minimum, the program of searches must require that:
a. the admitting and discharge, segregation, classification (if inmates
attend area on a daily basis) and visiting areas (as well as any other
high risk area e.g., laundry, professional interview rooms, etc.)

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 b. all areas of inmate accommodation and higher risk program and service
areas (e.g., kitchen, stores and workshops)
c. the entire institution, including the grounds, out buildings and areas
adjacent to the perimeter,
Note: If minimum requirements are not operationally feasible due to the
size of the institution, a Request for Exemption from Division
Policy/Procedure form (template location: Institution - Administration and
Miscellaneous - Adult Institution - Request for Exemption from Division
Policy/Procedure) is to be completed and forwarded on for approval-see
Superintendent- Requests for Exemptions to Policies .
6.1.3 The Standing Orders will also indicate that this program of searches is to
be regarded as a minimum standard. Increased and/or more intrusive
searches (e.g., strip searches instead of frisk searches) will be conducted
whenever there is reasonable cause to believe that there is an increased
level of risk to the safety of any person or to the institution's security.
6.1.4 Superintendents will ensure that inmates and the areas of the institution
that they occupy are searched frequently but at irregular intervals and that
all contraband is removed.
6.1.5 Only correctional staff trained in the approved procedures will conduct
searches.

6.2 Search Equipment

6.2.1 The following equipment is provided for employees to use when
conducting searches:
a. body orifice security scanner (boss) chair (see Body Orifice Security
Scanner Chair)
b. flashlights
c. hand held metal detectors(refer to 6.2.2 a and b)
d. mirrors
e. probes
f. search gloves (refer to 6.2.4)
Some institutions may also have the following equipment available to use
when conducting searches:
 parcel x-ray machine (refer to 6.2.3 a and b)
 walk through metal detectors

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 6.2.2 Hand Held Metal Detectors
a. Hand held metal detectors may be used as an assistive tool for
searching inmates, inmate property, their living accommodations and
other areas of the institution for concealed metal objects.
b. Please reference the approved equipment list within the Security
Control Equipment Policy for new minimum standards (see Security
Control Equipment).
6.2.3 Parcel X-Ray Equipment
a. The superintendent of an institution with parcel x-ray equipment will
ensure that the institution complies with the Regulations under the
Occupational Health and Safety Act respecting X-Ray Safety.
b. Additional advice and registration information can be obtained from
the Radiation Protection Service.
6.2.4 Search Gloves
a. Correctional staff are reminded that approved search gloves are not
totally puncture or cut proof and, therefore, they must be used in
conjunction with appropriate search procedures and search
equipment such as probes, flashlights and mirrors.
b. After an employee has completed search duties, the search gloves
must be cleaned (see Cleaning, Sanitizing and Disinfecting Security
Equipment and Radio Microphones).
Note: Since search gloves do not provide an effective barrier to
pathogens, it is recommended that latex gloves be worn over the
search gloves when contact with bodily fluids is likely. The latex gloves
must be changed after each contact with bodily fluids.
6.3 Basic Rules for Searching
6.3.1 Staff are to conduct searches professionally and exercise sensitivity and
preserve inmate dignity when performing them.
6.3.2 Searches are to be conducted in a manner that is consistent with Code
principles (see 6.3.4).
6.3.3 Regardless of what is being searched, there are some basic precautions
to remember:
a. Always cover open wounds on hands with protective dressings and
wear gloves.
b. Be systematic and thorough.
c. Wherever possible, visual inspections are to be conducted prior to
feeling clothing or items.

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 d. Crimp seams of clothing (close hand on seam rather than sliding hand
along seam).
e. Crimp clothing and items rather than sliding hand along clothing or
items.
f. Be aware that inmates may require certain special items to meet their
medical, religious or spiritual (e.g., medicine pouches), gender
expression or other Code related needs. These items must be
handled with special care (also see Aboriginal Spirituality and
Admission, Classification and Placement of Trans Inmates).
6.3.4 Searching inmates who may request accommodation under the Code are
to be accommodated short of undue hardship. All searches must be
conducted in a manner that is consistent with the Code. In particular:
a. Inmates who are to be searched may request accommodation based
on Ontario Human Rights Code protected grounds, including (but not
limited to) creed/religion, disability. For trans inmates see Admission,
Classification and Placement of Trans Inmates.

b. Inmates should not be subject to more frequent, intrusive or rigorous

searches because of Code related characteristic (e.g., race, religion,
gender identity and expression, etc.).

c. Searches of inmates requesting accommodation under the Code will

have certain considerations. Staff must accommodate inmates’ Code
related needs during the search process to the point of undue
hardship, including:

i. gender of the correctional staff conducting the frisk or strip search

ii. degree of privacy or discretion with which the search is conducted,
if required
iii. type of search being conducted (e.g., frisk versus strip-search)
iv. steps taken to carry out search (e.g., for inmate in wheelchair).
v. type of search tool employed
vi. handling of certain special items or garments (e.g., medicine
pouches, catheter bags, prostheses, etc.). Items that are required
for Code related reasons must be handled with special care (see
Aboriginal Spirituality and Admission, Classification and Placement
of Trans Inmates).
vii. if required, searches are to be conducted in an area and a manner
that will maintain privacy so as not to subject the inmate to
embarrassment or humiliation, Therefore, where practical, strip
searches of these inmates will be conducted individually and in
private.

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 d. If authorized personnel have any questions or concerns about
accommodation under the Code, they should speak with their
manager.
6.3.5 Inmates must be informed of any seizure or damage to their property that
occurs during a search conducted without their knowledge.
6.4 Frisk Searches
6.4.1 The frisk search is normally the most frequently used type of search
procedure and is primarily used to carry out spot checks for contraband as
part of the institution's overall security program. Authorized employees
should routinely conduct random and irregular frisk searches of inmates
when leaving or returning to their living units and leaving or returning from
various activity areas (e.g., visits, programs, recreation, exercise area,
etc.).
6.4.2 Where operationally feasible, a minimum employees will be present
when a frisk search is conducted.
.
6.4.3 Whenever a frisk search is conducted, it is recorded in the appropriate
area logbook and, if necessary, on a Search Record and Occurrence
Report (see Institution Logs, Report Writing).
6.4.4 Frisk Search of Male Inmates
Male and female officers can frisk search male inmates (subject to section
6.3.4).
a. The officer approaches the inmate and identifies the need to conduct a
frisk search.
b. At a safe distance and in a neutral stance, the officer directs the inmate
to empty his pockets.
c. Wherever possible, visual inspections are to be conducted prior to
touching. Visual inspections are made possible by requiring the inmate
to raise, lower, open or turn portion of clothing prior to touching.

e.

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 g.

k.

6.4.5 Frisk Search of Female Inmates

In order to provide for greater protection in terms of personal modesty,
female officers perform frisk searches on female inmates (subject to
section 6.3.4).

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 6.4.6 Frisk Search of Trans Inmates

See the Admission, Classification and Placement of Trans Inmates policy.

6.5 Strip Search

6.5.1 While strip searches are a necessary correctional practice to maintain
facility security, staff are reminded to be professional and exercise
sensitivity in performing them (subject to 6.3.4).
6.5.2 An inmate must be strip searched:
a. on admission or return (e.g., from court, temporary absence, outside
work gangs, etc.) to the secure area of the institution;
b. whenever there is reasonable cause to believe that the inmate is
carrying contraband within, into or out of the institution;
c. whenever an inmate is admitted to segregation, whether on
misconduct or administrative segregation or, when applicable, special
needs unit;
d. whenever an inmate is isolated as a suicide risk or other risk to
themselves or other persons;
e. when the inmate is involved in or suspected of being involved in a
disturbance or other significant occurrence where the security of the
institution has been or might be jeopardized;
f. when searching an inmate's cell or dormitory;
g. when an inmate is returning from a place or activity where highly toxic
or dangerous items are located; and
h. prior to entering and or leaving an open visiting area.
6.5.3 Where there is reasonable cause to believe that an inmate is in
possession of contraband of a small nature or the officer believes that
the inmate has a dangerous weapon on their person that was not found
during a frisk search (not accessible in a frisk search), the officer may
elect to initiate a strip search of the inmate.
6.5.4

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6.5.5 Positioning of staff is as follows:
a. A minimum of employees must be present when a strip search is
conducted. The first employee, who must be a correctional officer, is
the primary searching officer

b. The primary searching officer is to be of the same gender as the

inmate when having the inmate remove all clothing including
underwear. Note exemptions (Subject to section 6.3.4):
i. refer to the Admission, Classification and Placement of Trans
Inmates; and
ii. in an emergency situation where a correctional officer of the same
gender is unavailable and the officer has reasonable cause to
believe that an immediate search is necessary because the inmate
is concealing contraband that is dangerous or harmful, a search
may be conducted (authorization by operating manager is required
and all necessary reports are to be submitted).
c. If the back up is not of the same gender as the inmate, the back up
will take up a position so that the primary searching officer is visible
but the inmate cannot be seen. Every effort must be made to ensure
inmate privacy (e.g., modesty screen, other suitable visual barrier,
etc.).
d. When strip searching male inmates, a female correctional officer may
act as the primary searching officer (if operationally feasible) and
direct the inmate to remove all clothing except his underwear (also
see Admission, Classification and Placement of Trans Inmates). Once
a male officer is available, the female officer resumes the role of the
back up and a male officer conducts the final strip search. Prior to
commencing the strip search, the female officer must advise the
inmate of this procedure.

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6.5.8 When conducting strip searches, employees must always be alert to
signs of illness, disease, parasites (e.g., scabies, crabs, lice, etc.) or
injury, which will immediately be reported to the appropriate health care
personnel. To preclude risk of infection during the search process, the
primary searching officer will wear disposable gloves and wash their
hands immediately after the gloves are removed.
6.5.9 An inmate in category 6.5.2 a whose fine or bail is to be paid or posted
very shortly after arrival may be exempted from the strip search
procedure. These inmates will be frisk searched and kept apart from
those inmates who will be admitted to the living units. If the fine or bail is
not paid or posted, the inmate will be strip searched in the normal way.
6.5.10 With the exception of strip searches conducted on admission or return to
the institution that are documented in the Admission and Discharge
(A&D) logbook, a written record of all strip searches must be maintained
in the appropriate area logbook and by the completion of a Search
Record (an Occurrence Report may also be required).
6.5.11 Standing Orders will list any other circumstances under which the
superintendent decides that inmates will be routinely strip searched.
6.5.12 Strip Search of Female Inmates
(subject to section 6.3.4)

6.5.13 Strip Search of Trans Inmates

See the Admission, Classification and Placement of Trans Inmates

policy.

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6.6 Routine Institutional Searches
6.6.1 Searches of inmate living accommodations, program areas and other
areas of the institution will be conducted on frequent but unannounced
and irregular schedules.
6.6.2 Outside areas of the institution (e.g. sports field, exercise yards,
perimeter, etc.) will be searched both before and after inmates are
allowed access.
6.6.3 Staff are to use all search equipment and practices to conduct visual
inspections prior to touching items (e.g. use mirrors to inspect under
items, probes to inspect inside items, etc.). In addition,

6.6.4 A visual inspection of exterior walls and fences will be conducted as

part of a regular perimeter patrol (see Perimeter Security - Perimeter
Patrols).
6.6.5 Inmate Living Areas
a. A minimum of employees will be present when an inmate living
accommodation is searched and the area left in an orderly and tidy
fashion.
b. Staff are to use all search equipment and practices to conduct visual
inspections prior to touching items (e.g., use mirrors to inspect under
items, probes to inspect inside items, etc.). In addition, staff are to pat
the surface of items that could contain contraband rather than sliding
their hand along the surface.
c. Inmates' personal property will be respected, never be wilfully
discarded, broken or misplaced (also see 6.3.3 f).
d. Every time a routine search is conducted, a Search Record is
completed.
6.6.6 Visiting Areas
a. Immediately before and after visiting hours, these areas will be
thoroughly searched for contraband items.
b. Employees must be especially attentive to the possible passing of
contraband between inmates and visitors and among inmates during
the visiting period.
c. Staff are to use all search equipment and practices to conduct visual
inspections prior to touching items (e.g., use mirrors to inspect under
items, probes to inspect inside items, etc.). In addition,

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 d. Searches of incoming visitors may be conducted using metal
detectors and visual inspection of the contents of purses, bags and
packages. (see Visiting for procedures on searching visitors).
6.6.7 Vehicles
a. When entering or leaving the enclosure (i.e. fenced area) of an
institution, vehicles, their contents and machinery will be searched for
concealed persons or contraband.
b. Searches of non Correctional Services vehicles will be recorded in the
appropriate area logbook and, if necessary, on a Search Record.
c. All searches of Correctional Services vehicles are recorded on a
Vehicle Search Record prior to leaving the institution, loading inmates,
etc.
d. The practices and standards for vehicle searches will be included in
the Standing Orders.
6.6.8 Grounds
a. The institution grounds, outbuildings and areas adjacent to the
perimeter will be routinely and thoroughly searched.
b. Employees must be particularly alert to caches or drops that can be
concealed in predetermined locations for subsequent pick up by
inmate work crews or by outside persons.
c. Careful searches of inmates entering and leaving the institution and
close observation of all inmate work details should help to preclude
movement of contraband by this method.
6.6.9 Special Searches of Vehicles and/or Staff
a. The superintendent or designate may authorize a search at any time
of any vehicle located on the premises of the institution.
b. In addition, where there is reasonable cause to believe that an
employee is bringing or attempting to bring contraband into or out of
the institution; the superintendent or designate may authorize a
search of the employee or any property of the employee that is
located on the premises of the institution.
6.7 Canine Searches
6.7.1 Where a superintendent or designate believes that more intensive
institutional search procedures are required, the Ministry canine unit or
trained police services canine and handlers may be used.
6.7.2 Canine searches are to be conducted
6.7.3 Where a canine search is conducted, a Search Record must be
completed.

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 6.7.4 For the safety of the inmate and the search dog, searching of an inmate
with a search dog is not to be permitted.
6.7.5 Ministry Canine Unit:
a. The Ministry of Community Safety and Correctional Services’
(MCSCS) canine team is considered a non-intrusive search tool and,
as such, can be used during either routine or non-routine searches at
the discretion of the superintendent or designate.
b. In order to ensure that institutions requiring a canine team are
serviced in a timely manner, the following process will be followed:

i. The requesting institution will contact the direct supervisors in

charge of the canine teams, who will review the team’s schedule.

ii. The requesting institution will provide the following information:

 reason for the activation;

 level of urgency for the required canine search (very urgent -
required immediately; urgent - required within the week; routine -
required when available) and the rationale for the rating;
 number of areas within the institution requiring a search (keeping
in mind that the canine works a maximum of four (4) hours in a
shift, including appropriate rest periods);
 approximate time of desired search;
 location that the operating manager assigned to lead the search
will meet the canine handler/canine.

c. The direct supervisor will advise the requesting institution if a canine

unit is available. If there is a conflict in scheduling that cannot be
resolved, the administrative lead will make the final decision.

d. The canine handlers will check with their direct supervisors to ensure
that there are no conflicts in the schedule and that they are at the
correct institution at the correct time.
6.7.6 Other Police Service Canine and Handler:
a. If the MCSCS canine unit is not available, an OPP police agency
search dog and handler may be used.
b. Municipal police, Correctional Services Canada, Canada Customs
and other approved canine units may be contacted through the
MCSCS, Correctional Services Canine Unit’s direct supervisors or
canine handlers.

6.8 Disposal of Contraband

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 6.8.1 A comprehensive policy and procedures for the disposal of contraband
drugs is contained in the section entitled Seizure and Disposal of
Contraband Drugs.
6.8.2 All contraband found during a search will be given to the operating
manager as soon as possible. If the contraband constitutes or may
constitute evidence of a misconduct or an offence, procedures for
ensuring the continuity of evidence must be followed.
6.8.3 The Search Record, completed at the time of the search, provides a
written record of any contraband found. It must describe in detail the
nature of the contraband, the location, circumstances and time of the
discovery, as well as the names of all employees involved.
6.8.4 The contraband, the accompanying Search Record and any other
documents, which may have been completed when the contraband was
found (e.g., Occurrence Report or Misconduct Report) will be given to
the superintendent for disposition.
6.8.5 Contraband items that are not required for police investigations will be
disposed of under the direction of the superintendent. The disposal must
be witnessed by a minimum of two employees, who will make a written
record of the disposal. When any doubt exists as to the form of disposal,
the superintendent will consult with the regional director. The Standing
Orders will detail procedures for disposing of contraband.
6.8.6 Internal discipline of an inmate for possession of contraband will only
take place when compelling evidence substantiates possession (see
Discipline and Misconduct).
6.8.7 The superintendent or designate will submit an Inmate Incident Report
(See Inmate Incident Reporting Manual) to the Information Management
Unit and regional director when there is a significant finding of major
contraband (e.g., weapons, ammunition, narcotics or restricted drugs,
etc.)
6.9 Contraband Items Required for a Police Investigation
6.9.1 When a search yields contraband items (e.g., drugs, weapons, etc.) that
may lead to or be required in a police investigation, the local police
agency must be advised.
6.9.2 The contraband item(s) must be handled in a controlled manner so that
continuity of evidence is maintained and stored in a secure area
designated by the superintendent (see Seizure and Disposal of
Contraband Drugs).
6.9.3 Upon request, the superintendent or designate will provide the police
agency with copies of all reports related to finding the contraband (see
Duty Notebook, Report Writing).
6.10 Hazardous Contraband

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 6.10.1 Contraband that could reasonably be expected to cause death or injury
to any person (e.g., a weapon, a controlled or restricted drug under the
Food and Drug Act, or a narcotic under the Narcotic Control Act) is
unauthorized property in the possession of or accessible to inmates.
6.10.2 When management staff receives information that there may be
contraband in the institution that is potentially hazardous to employee
health and safety:
a. employees working in the area of the suspected contraband must be
notified immediately; and
b. other employees potentially at risk will be notified as soon as is
reasonably practicable, but no later than the commencement of the
next shift.
i. At the discretion of the superintendent or designate, the only
exception may be in the case of a police undercover or
surveillance operation; or
ii. an investigation where a senior police official requests that
employees not be informed of the contraband. In this situation,
employees will be notified of the suspected contraband when
police consent is received.
6.11 Weapons
6.11.1 Weapons may be commercially manufactured or locally made items that
are designed to cause an injury by stabbing, slashing, striking, ballistic or
other means. They also include ammunition and explosives.
6.11.2 The protocols and procedures regarding searching for these items are
contained in the Searching for Weapons policy.
6.12 Contraband Money
All money confiscated as contraband or received from the sale of contraband
property will be deposited in the Consolidated Revenue Fund and an Occurrence
Report completed.
6.13 Search Records
6.13.1 Copies of all Search Records, including Vehicle Search Records, must
be maintained in a central location designated by the superintendent
(e.g., control module, security office, etc.).
6.13.2 When a Misconduct and/or an Occurrence Report is prepared as a result
of a search a copy of the Search Record must be attached to those
documents.
6.13.3 Reports are to be held in accordance with Ministry document records
schedules.

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7.0 Authority

Ministry of Correctional Services Act, ref. "Functions of Ministry"

Regulations under the Ministry of Correctional Services Act, ref. "Searches"

8.0 Related Documents

Not applicable

9.0 Revision History

Date Description of Change Reference Section(s)

April 29, Reviewed and placed into new format all
2015
Removed body cavity search section
Removed biological sample testing
(information in Substance Abuse testing
and Collection of biological samples by
police policies)
Human Rights Code related information
added throughout
Definition of body cavity search modified 4.1
Information on minimum requirements 6.1.2. Note
for search program added
Information on removing socks during 6.4.4 l
frisk search taking out of policy
Canine search information updated to 6.7.1 to 6.7.6
include ministry canine unit
January 26, Replaced information on searching of Trans Inmate frisk
2015 transgender inmates with link to and strip search
Admission, Classification and Placement
of Trans Inmates policy
August 19, A link to the Searches of Transsexual Strip Search of
2014 and Intersex Inmates policy changed to Transgender
Searches of Transgender and Intersex Inmates Section
Inmates to reflect policy name change

115
Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Release Date:
Security and Controls January 26. 2015
Sub-Section:
N/A

Searches
Policy
Frequent and thorough searches of inmates, their living accommodations, other areas of the institution
and the grounds will be conducted for the purpose of discovering contraband, objects and situations
that might be dangerous or detrimental to the safety and welfare of employees, inmates or other
persons or to the overall security of the institution searches are designed to achieve this by:

a. detecting and preventing the introduction, use or trafficking of contraband;

b. recovering missing or stolen property;
c. identifying items or situations which might assist in or contribute to an escape, disturbance,
suicide, assault, or other serious occurrence;
d. discouraging theft, trading and bartering by inmates;
e. detecting the presence of and/or the manufacture of weapons, escape devices, intoxicants, etc.,
within the institution;
f. identifying health, safety and security hazards which might remain undetected during less formal
inspections; and
g. monitoring and preventing waste, vandalism or misuse of government property.

No employee will conduct a frisk or strip search with an open wound on his or her hand unless the
wound has been properly treated and fitted with a protective dressing.

Inmates will be informed of any seizure or damage to their property that occurs during a search
conducted without the inmate's knowledge.

Use of Force
When an inmate refuses to be searched or resists a search, the inmate will be segregated from other
inmates until he/she submits to the search or until there is no longer a need to search the inmate. The
only exception is in an emergency situation where an employee has reasonable cause to believe that
an immediate search is necessary because an inmate is concealing contraband that is dangerous or
potentially harmful to personal safety or institutional security (see Use of Force). If force is to be used
the employee's supervisor must authorize it on the "Search Record".

Basic Rules for Searching

Inmates must be informed of any seizure or damage to their property that occurs during a search
conducted without their knowledge.

116
Regardless of what is being searched there are some basic precautions to remember:

1. Always cover open wounds on hands with protective dressings and wear gloves.
2. Be systematic and thorough.
3. Wherever possible visual inspections are to be conducted prior to feeling clothing or items.
4. Crimp seams of clothing (close hand on seam rather than sliding hand along seam).
5. Crimp clothing and items rather than sliding hand along clothing or items.
6. Be aware that certain items, like medicine pouches, must be handled with special care due to
their religious or spiritual significance.

Search Equipment
The following equipment is provided for employees to use when conducting searches:

• probes
• flashlights
• mirrors
• metal detectors
• search gloves

Search Gloves
Correctional staff are reminded that approved search gloves are not totally puncture or cut proof and,
therefore, they must be used in conjunction with appropriate search procedures and search equipment
such as probes, flashlights and mirrors.

Note: Since search gloves do not provide an effective barrier to pathogens, it is recommended that
latex gloves be worn over the search gloves when contact with bodily fluids is likely. The latex gloves
must be changed after each contact with bodily fluids.

After an employee has completed his/her search duties the search gloves must be cleaned (see
Cleaning, Sanitizing and Disinfecting Security Equipment and Radio Microphones).

Hand Held Metal Detectors

Hand held metal detectors may be used as an assistive tool for searching inmates, inmate property,
their living accommodations and other areas of the institution for concealed metal objects.

Please reference the Approved Equipment List within the Security Control Equipment Policy for new
minimum standards. (see Security Control Equipment)

Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry".

Regulations under the Ministry of Correctional Services Act, ref. "Searches".

117
Definitions
Body cavity search: a manual or instrument inspection of an inmate's rectal or vaginal cavities which
is performed by a health care professional is only to be completed for medical or treatment purposes.

Contraband: unauthorized property in the possession of an inmate, which may be an item not issued
by the institution or an item that is issued by the institution but is:

• used for a purpose other than that for which it was issued;
• possessed in a quantity in excess of what was issued; or
• possessed in an area other than where it belongs.

Frisk search: a hand search of a clothed inmate or a search conducted with a portable scanning
device. It includes requiring the inmate to open his or her mouth and raise, lower or open outer
garments of clothing to permit a visual inspection.

Routine search: a routine search of a person, place or vehicle which is conducted without individual
suspicion but in order to ensure compliance with the security, health and safety standards of the
institution.

Strip search: a procedure during which the inmate being searched is required to undress completely in
front of the employee.

Procedures
The superintendent will establish a program of searches with defined standards for the frequency,
locations and circumstances when searches must be conducted. These requirements will be listed in
the standing orders and will reflect this policy while addressing the nature, design and specific concerns
of the institution.

At a minimum, the program of searches must require that:

a. the admitting and discharge, segregation, classification and visiting areas

b. all areas of inmate accommodation and higher risk program and service areas (e.g., kitchen,
stores and workshops)
c. the entire institution, including the grounds, out buildings and areas adjacent to the perimeter,

The standing orders will also indicate that this program of searches is to be regarded as a minimum
standard. Increased and/or more intrusive searches (e.g., strip searches instead of frisk searches) will
be conducted whenever there is reasonable cause to believe that there is an increased level of risk to
the safety of any person or to the institution's security.

Superintendents will ensure that inmates and the areas of the institution that they occupy are searched
frequently but at irregular intervals and that all contraband is removed.

Only correctional staff trained in the approved procedures will conduct searches.

118
Types of Searches
Correctional Services utilizes several types of searches to ensure that the security of institutions and
safety of all persons in the institutions.

Frisk Search
The frisk search is normally the most frequently used type of search procedure and is primarily used to
carry out spot checks for contraband as part of the institution's overall security program. Authorized
employees should routinely conduct random and irregular frisk searches of inmates when they are in
transit between their living units and various activity areas (e.g., visits, programs, recreation, exercise
area, etc.).

A minimum employees are normally present when a frisk search is conducted. One employee
conducts the search

Whenever a frisk search is conducted, it is recorded maintained in the appropriate area logbook and, if
necessary, on a "Search Record" and occurrence report.

There are certain rules that apply to the different types of inmates.

Female Inmates
In order to provide for greater protection in terms of personal modesty, only female officers may
perform frisk searches on female inmates. In emergency situations, where there is reasonable cause to
believe the female inmate has dangerous or harmful contraband and a female officer is not available, a
male officer can conduct the frisk search. When a male officer frisk searches a female inmate an
occurrence report must be completed.

Male Inmates
Male and female officers can frisk search male inmates.

Transgender Inmates
See the Admission, Classification and Placement of Trans Inmates policy.

Frisk Search of Male Inmates

The officer approaches the inmate and identifies the need to conduct a frisk search.

At a safe distance and in a neutral stance, the officer directs the inmate to empty his/her pockets.

Wherever possible, visual inspections are to be conducted prior to touching. Visual inspections are
made possible by requiring the inmate to raise, lower, open or turn portion of clothing prior to touching.

119
Frisk Search of Female Inmates

Strip Search
While strip searches are a necessary correctional practice to maintain facility security, staff are
reminded to exercise sensitivity in performing them.

120
Where there is reasonable cause to believe that an inmate is in possession of contraband of a small
nature or the officer believes that the inmate has a dangerous weapon on their person that was not
found during a frisk search, the officer may elect to initiate a strip search of the inmate.

When conducting strip searches, employees must always be alert to signs of illness, disease, body
vermin or injury, which will immediately be reported to the appropriate health care personnel. To
preclude risk of infection during the search process, the primary searching officer will wear disposable
gloves and wash his/her hands immediately after the gloves are removed.

While strip searches are a necessary correctional practice to maintain facility security, staff are
reminded to exercise sensitivity in performing them. At no time are inmates to be left standing
uncovered prior to or following the search procedure. If necessary, both male and female inmates will
be provided with a clean gown or underwear to preclude unnecessary embarrassment or humiliation.

An inmate must be strip searched:

a. on admission or return (e.g., from court, temporary absence, outside work gangs, etc.) to the
secure area of the institution;
b. whenever there is reasonable cause to believe that the inmate is carrying contraband within,
into or out of the institution;
c. whenever an inmate is admitted to a segregation unit, whether on misconduct or administrative
segregation or, when applicable, special needs unit;
d. whenever an inmate is isolated as a suicide risk or other risk to him/herself or other persons
(e.g., arsonists)
e. when the inmate is involved in or suspected of being involved in a disturbance or other
significant occurrence where the security of the institution has been or might be jeopardized.
f. when searching an inmate's cell or dormitory;
g. when an inmate is returning from a place or activity where highly toxic or dangerous items are
located; and
h. prior to entering and/or leaving an open visiting area.

An inmate in category a) whose fine or bail is to be paid or posted very shortly after arrival may be
exempted from the strip search procedure. These inmates will be frisk searched and kept apart from
those inmates who will subsequently be admitted to the living units. If the fine or bail is not paid or
posted, the inmate will be strip searched in the normal way.

With the exception of strip searches conducted on admission or return to the institution that are
documented in the A&D logbook, a written record of all strip searches must be maintained in the
appropriate area logbook and by the completion of a "Search Record".

The standing orders will list any other circumstances under which the superintendent decides that
inmates will be routinely strip searched.

121
Staff Conducting Strip Searches
A minimum of t employees must be present when a strip search is conducted. The first employee,
who must be a correctional officer, is the primary searching officer

The primary searching officer must always be the same sex as the inmate except in an emergency
situation where a correctional officer of the same sex is unavailable and the officer has reasonable
cause to believe that an immediate search is necessary because the inmate is concealing contraband
that is dangerous or harmful.

If the back up is not of the same sex as the inmate and there is no modesty screen or other suitable
visual barrier, the back up will take up a position so that the primary searching officer is visible but the
inmate cannot be seen.

When strip-searching male inmates, a female correctional officer may act as the primary searching
officer and direct the inmate to remove all clothing except his underwear. At this point the female officer
resumes the role of the back up and a male officer conducts the final strip search. Prior to commencing
the strip search the female officer must advise the inmate of this procedure. If the inmate objects to
removing his clothing in the presence of a female officer, a male officer will conduct the strip search.

Strip Search of Female Inmates

It is recognized that a significant number of female inmates have experienced sexual abuse. The
practice of strip-searching may inadvertently serve to re traumatize women, reviving painful memories
that may make it difficult for them to manage their time in custody. While strip searches are a necessary
correctional practice to maintain facility security, staff are reminded to exercise sensitivity in performing
them.

The strip search of a female inmate should be conducted in an area and a manner that will maintain
privacy so as not to subject the inmate to embarrassment or humiliation. Therefore, where practical,
strip searches of female inmates will be conducted individually and in private.

A female inmate on her menstrual cycle will be instructed to remove her tampon/sanitary pad. Staff
conducting the strip search will immediately provide the inmate with new tampon/sanitary pad and a
wrapper or paper bag for disposal of the used one.

Strip Search of Trans Inmates

See the Admission, Classification and Placement of Trans Inmates policy.

Body Cavity Search

Under the Regulated Health Professions Act, actions to carry out a body cavity search are controlled
acts, delegated only to nurses and doctors in Ontario and only to be completed for medical or treatment
purposes.

Since authorization is based solely on clinical assessments by doctors and/or nurses, superintendents
cannot authorize body cavity searches. Correctional staff are not to perform body cavity searches for
contraband or for any other purpose.

122
When a health care professional is not immediately available, the inmate will be segregated in a "dry
cell" (i.e., a cell in which the water supply has been shut off, however, drinking water will always be
available) and kept under close surveillance until either a health care professional conducts the
examination or there is no longer a need to conduct the search. However, when such a delay may
result in a risk to the health of the inmate, the superintendent or designate will have the inmate
transferred under escort to a community hospital as quickly as possible.

Due to the medical risks involved, force must never be used to conduct a body cavity search. If an
inmate resists or refuses to consent to a body cavity search, the inmate will be segregated and kept
under close surveillance in a dry cell until either the inmate submits to the search or the body cavity
search is no longer required.

A written record of every body cavity search must be made on the inmate's "Health Care Record
(Physician and Nurse Treatment Record) Part D" by the health care professional performing the
search. The entry must be signed and state the time and date of the search, the name of the employee
who ordered it and the reason. This record will demonstrate that the reasons for conducting the body
cavity search have been considered individually and on their own merits.

Routine Searches
Searches of inmate living accommodations, program areas and other areas of the institution will be
conducted on frequent but unannounced and irregular schedules. Outside areas of the institution (e.g.
sports field, exercise yards, perimeter, etc.) will be searched both before and after inmates are allowed
access. Staff are to use all search equipment and practices to conduct visual inspections prior to
touching items (e.g. use mirrors to inspect under items, probes to inspect inside items, etc.).

A visual inspection of exterior walls and fences will be conducted as part of a regular
perimeter patrol (see Perimeter Security - Perimeter Patrols).

Canine Search
Where a superintendent or designate believes that more intensive search procedures are required, an
OPP search dog and handler may be used. Municipal police, Canada Customs and other approved
canine units may be contacted through the OPP canine handlers. Where a canine search is conducted,
a Search Record must be completed. For the safety of the inmate and the search dog, searching of an
inmate with a search dog is not to be permitted.

Inmate Living Areas

A minimum of two employees will be present when an inmate living accommodation is searched and
the area left in an orderly and tidy fashion. Staff are to utilize all search equipment and practices to
conduct visual inspections prior to touching items (e.g.; use mirrors to inspect under items, probes to
inspect inside items, etc.). In addition, staff are to pat the surface of items that could contain contraband
rather than sliding their hand along the surface.

Inmates' personal property will be respected, never be wilfully discarded, broken or misplaced. Every
time a routine search is conducted, a "Search Record" is completed.

123
Visiting Areas
Immediately before and after visiting hours, these areas will be thoroughly searched for contraband
items. Employees must be especially attentive to the possible passing of contraband between inmates
and visitors and among inmates during the visiting period.

Staff are to utilize all search equipment and practices to conduct visual inspections prior to touching
items (e.g.; use mirrors to inspect under items, probes to inspect inside items, etc.).

Searches of incoming visitors may be conducted using metal detectors and visual inspection of the
contents of purses, bags and packages. (see Visiting).

Parcel X-Ray Equipment

The superintendent of an institution with parcel x-ray equipment will ensure that the institution complies
with the Regulations under the Occupational Health and Safety Act respecting "X-Ray Safety".
Additional advice and registration information can be obtained from the Radiation Protection Service.

Vehicles
When entering or leaving the enclosure of an institution, vehicles, their contents and machinery will be
searched for concealed persons or contraband. Searches of non-Correctional Services vehicles will be
recorded in the appropriate area logbook and, if necessary, on a "Search Record". All searches of
Correctional Services vehicles are recorded on a "Vehicle Search Record" prior to leaving the
institution, loading inmates, etc.

The practices and standards for vehicle searches will be included in the standing orders.

Grounds
The institution grounds, outbuildings and areas adjacent to the perimeter will be routinely and
thoroughly searched. Employees must be particularly alert to caches or drops that can be concealed in
predetermined locations for subsequent pick-up by inmate work crews or by outside persons.

Careful searches of inmates entering and leaving the institution and close observation of all inmate
work details should help to preclude movement of contraband by this method.

Special Searches of Vehicles and/or Staff

The superintendent or designate may authorize a search at any time of any vehicle located on the
premises of the institution. In addition, where there is reasonable cause to believe that an employee is
bringing or attempting to bring contraband into or out of the institution; the superintendent may
authorize a search of the employee or any property of the employee that is located on the premises of
the institution.

124
Biological Sample Testing
No inmate will be subject to any form of biological testing unless such testing is an integral part of a
treatment or research program and has received prior approval by the Director, Management and
Operational Support. Biological samples include but are not limited to urine, blood, hair, sputum and
skin (see Substance Abuse Testing).

This policy does not affect clinical procedures used by health care professionals for therapeutic and
diagnostic purposes. Nor does it preclude the taking or testing of biological samples by law
enforcement officials under the authority of a general warrant of search (see Collection of Biological
Samples by Police).

Disposal of Contraband
A comprehensive policy and procedures for the disposal of contraband drugs is contained in the section
entitled Seizure and Disposal of Contraband Drugs.

All contraband found during a search will be given to the operational manager as soon as possible. If
the contraband constitutes or may constitute evidence of a misconduct or an offence, procedures for
ensuring the continuity of evidence must be followed.

The "Search Record", completed at the time of the search, provides a written record of any contraband
found. It must describe in detail the nature of the contraband, the location, circumstances and time of
the discovery, as well as the names of all employees involved.

The contraband, the accompanying "Search Record" and any other documents, which may have been
completed when the contraband was found (e.g., Occurrence Report or Misconduct Report) will be
given to the superintendent for disposition.

Contraband items that are not required for police investigations will be disposed of under the direction
of the superintendent. The disposal must be witnessed by a minimum of two employees, who will make
a written record of the disposal. When any doubt exists as to the form of disposal, the superintendent
will consult with the Regional Director. The standing orders will detail procedures for disposing of
contraband.

Internal discipline of an inmate for possession of contraband will only take place when there compelling
evidence substantiates possession (see Discipline and Misconduct).

The superintendent or designate will submit an Offender Incident Report to the Information
Management Unit and Regional Director when there is a significant finding of major contraband (e.g.,
weapons, ammunition, narcotics or restricted drugs, etc.).

Contraband Items Required for a Police Investigation

When a search yields contraband items (e.g.; drugs, weapons, etc.) that may lead to or be required in a
police investigation, the local police agency must be advised. The contraband item(s) must be handled
in a controlled manner so that "continuity of evidence" is maintained and stored in a secure area
designated by the superintendent. Upon request, the superintendent or designate will provide the police
agency with copies of all reports related to finding the contraband.

125
Hazardous Contraband
Contraband that could reasonably be expected to cause death or injury to any person (e.g., a weapon,
a controlled or restricted drug under the Food and Drug Act, or a narcotic under the Narcotic Control
Act) is unauthorized property in the possession of or accessible to inmates.

When management staff receives information that there may be contraband in the institution that is
potentially hazardous to employee health and safety:

a. employees working in the area of the suspected contraband must be notified immediately; and
b. other employees potentially at risk will be notified as soon as is reasonably practicable, but no
later than the commencement of the next shift.

At the discretion of the superintendent or designate, the only exception may be in the case of a police
undercover or surveillance operation or an investigation where a senior police official requests that
employees not be informed of the contraband. In this situation, employees will be notified of the
suspected contraband when police consent is received.

Weapons
Weapons may be commercially manufactured or locally made items that are designed to cause an
injury by stabbing, slashing, striking, ballistic or other means. They also include ammunition and
explosives. The protocols and procedures regarding searching for these items are contained in
Searching for Weapons.

Contraband Money
All money confiscated as contraband or received from the sale of contraband property will be deposited
in the Consolidated Revenue Fund and an occurrence report completed.

Search Records
Copies of all "Search Records", including "Vehicle Search Records", must be maintained in a central
location designated by the superintendent (e.g., control module, security office, etc.). When a
"Misconduct" and/or an occurrence report is prepared as a result of a search a copy of the "Search
Record" must be attached to those documents.

Related Documents
Refer to Finding Contraband on Visitors, Memorandum dated December 8, 2010.

Refer to Standardization of Hand Held Metal Detectors, Memorandum dated November 16, 2010.

Revision History
Date Description of Change Reference Sections
January 26, 2015 Replaced information on searching of transgender Trans Inmate frisk and
inmates with link to Admission, Classification and strip search

126
 Placement of Trans Inmates policy
August 19, 2014 A link to the Searches of Transsexual and Intersex Strip Search of
Inmates policy changed to Searches of Transgender Transgender Inmates
and Intersex Inmates to reflect policy name change. Section

127
Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Release Date:
Security and Controls August 19, 2014
Sub-Section:
N/A

Searches
Policy
Frequent and thorough searches of inmates, their living accommodations, other areas of the institution
and the grounds will be conducted for the purpose of discovering contraband, objects and situations
that might be dangerous or detrimental to the safety and welfare of employees, inmates or other
persons or to the overall security of the institution searches are designed to achieve this by:

a. detecting and preventing the introduction, use or trafficking of contraband;

b. recovering missing or stolen property;
c. identifying items or situations which might assist in or contribute to an escape, disturbance,
suicide, assault, or other serious occurrence;
d. discouraging theft, trading and bartering by inmates;
e. detecting the presence of and/or the manufacture of weapons, escape devices, intoxicants, etc.,
within the institution;
f. identifying health, safety and security hazards which might remain undetected during less formal
inspections; and
g. monitoring and preventing waste, vandalism or misuse of government property.

No employee will conduct a frisk or strip search with an open wound on his or her hand unless the
wound has been properly treated and fitted with a protective dressing.

Inmates will be informed of any seizure or damage to their property that occurs during a search
conducted without the inmate's knowledge.

Use of Force
When an inmate refuses to be searched or resists a search, the inmate will be segregated from other
inmates until he/she submits to the search or until there is no longer a need to search the inmate. The
only exception is in an emergency situation where an employee has reasonable cause to believe that
an immediate search is necessary because an inmate is concealing contraband that is dangerous or
potentially harmful to personal safety or institutional security (see Use of Force). If force is to be used
the employee's supervisor must authorize it on the "Search Record".

Basic Rules for Searching

Inmates must be informed of any seizure or damage to their property that occurs during a search
conducted without their knowledge.

128
Regardless of what is being searched there are some basic precautions to remember:

1. Always cover open wounds on hands with protective dressings and wear gloves.
2. Be systematic and thorough.
3. Wherever possible visual inspections are to be conducted prior to feeling clothing or items.
4. Crimp seams of clothing (close hand on seam rather than sliding hand along seam).
5. Crimp clothing and items rather than sliding hand along clothing or items.
6. Be aware that certain items, like medicine pouches, must be handled with special care due to
their religious or spiritual significance.

Search Equipment
The following equipment is provided for employees to use when conducting searches:

• probes
• flashlights
• mirrors
• metal detectors
• search gloves

Search Gloves
Correctional staff are reminded that approved search gloves are not totally puncture or cut proof and,
therefore, they must be used in conjunction with appropriate search procedures and search equipment
such as probes, flashlights and mirrors.

Note: Since search gloves do not provide an effective barrier to pathogens, it is recommended that
latex gloves be worn over the search gloves when contact with bodily fluids is likely. The latex gloves
must be changed after each contact with bodily fluids.

After an employee has completed his/her search duties the search gloves must be cleaned (see
Cleaning, Sanitizing and Disinfecting Security Equipment and Radio Microphones).

Hand Held Metal Detectors

Hand held metal detectors may be used as an assistive tool for searching inmates, inmate property,
their living accommodations and other areas of the institution for concealed metal objects.

Please reference the Approved Equipment List within the Security Control Equipment Policy for new
minimum standards. (see Security Control Equipment)

Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry".

Regulations under the Ministry of Correctional Services Act, ref. "Searches".

129
Definitions
Body cavity search: a manual or instrument inspection of an inmate's rectal or vaginal cavities which
is performed by a health care professional is only to be completed for medical or treatment purposes.

Contraband: unauthorized property in the possession of an inmate, which may be an item not issued
by the institution or an item that is issued by the institution but is:

• used for a purpose other than that for which it was issued;
• possessed in a quantity in excess of what was issued; or
• possessed in an area other than where it belongs.

Frisk search: a hand search of a clothed inmate or a search conducted with a portable scanning
device. It includes requiring the inmate to open his or her mouth and raise, lower or open outer
garments of clothing to permit a visual inspection.

Routine search: a routine search of a person, place or vehicle which is conducted without individual
suspicion but in order to ensure compliance with the security, health and safety standards of the
institution.

Strip search: a procedure during which the inmate being searched is required to undress completely in
front of the employee.

Procedures
The superintendent will establish a program of searches with defined standards for the frequency,
locations and circumstances when searches must be conducted. These requirements will be listed in
the standing orders and will reflect this policy while addressing the nature, design and specific concerns
of the institution.

At a minimum, the program of searches must require that:

a. the admitting and discharge, segregation, classification and visiting areas are
b. all areas of inmate accommodation and higher risk program and service areas (e.g., kitchen,
stores and workshops)
c. the entire institution, including the grounds, out buildings and areas adjacent to the perimeter,

The standing orders will also indicate that this program of searches is to be regarded as a minimum
standard. Increased and/or more intrusive searches (e.g., strip searches instead of frisk searches) will
be conducted whenever there is reasonable cause to believe that there is an increased level of risk to
the safety of any person or to the institution's security.

Superintendents will ensure that inmates and the areas of the institution that they occupy are searched
frequently but at irregular intervals and that all contraband is removed.

Only correctional staff trained in the approved procedures will conduct searches.

130
Types of Searches
Correctional Services utilizes several types of searches to ensure that the security of institutions and
safety of all persons in the institutions.

Frisk Search
The frisk search is normally the most frequently used type of search procedure and is primarily used to
carry out spot checks for contraband as part of the institution's overall security program. Authorized
employees should routinely conduct random and irregular frisk searches of inmates when they are in
transit between their living units and various activity areas (e.g., visits, programs, recreation, exercise
area, etc.).

A minimum of two employees are normally present when a frisk search is conducted. One employee
conducts the search and the other is the back-up/witness.

Whenever a frisk search is conducted, it is recorded maintained in the appropriate area logbook and, if
necessary, on a "Search Record" and occurrence report.

There are certain rules that apply to the different types of inmates.

Female Inmates
In order to provide for greater protection in terms of personal modesty, only female officers may
perform frisk searches on female inmates. In emergency situations, where there is reasonable cause to
believe the female inmate has dangerous or harmful contraband and a female officer is not available, a
male officer can conduct the frisk search. When a male officer frisk searches a female inmate an
occurrence report must be completed.

Male Inmates
Male and female officers can frisk search male inmates.

Transgender Inmates
Where possible, transgender inmates are frisk searched by female officers.

Frisk Search of Male Inmates

The officer approaches the inmate and identifies the need to conduct a frisk search.

At a safe distance and in a neutral stance, the officer directs the inmate to empty his/her pockets.

Wherever possible, visual inspections are to be conducted prior to touching. Visual inspections are
made possible by requiring the inmate to raise, lower, open or turn portion of clothing prior to touching.

131
Frisk Search of Female Inmates

Strip Search
While strip searches are a necessary correctional practice to maintain facility security, staff are
reminded to exercise sensitivity in performing them.

132
Where there is reasonable cause to believe that an inmate is in possession of contraband of a small
nature or the officer believes that the inmate has a dangerous weapon on their person that was not
found during a frisk search, the officer may elect to initiate a strip search of the inmate.

When conducting strip searches, employees must always be alert to signs of illness, disease, body
vermin or injury, which will immediately be reported to the appropriate health care personnel. To
preclude risk of infection during the search process, the primary searching officer will wear disposable
gloves and wash his/her hands immediately after the gloves are removed.

While strip searches are a necessary correctional practice to maintain facility security, staff are
reminded to exercise sensitivity in performing them. At no time are inmates to be left standing
uncovered prior to or following the search procedure. If necessary, both male and female inmates will
be provided with a clean gown or underwear to preclude unnecessary embarrassment or humiliation.

An inmate must be strip searched:

a. on admission or return (e.g., from court, temporary absence, outside work gangs, etc.) to the
secure area of the institution;
b. whenever there is reasonable cause to believe that the inmate is carrying contraband within,
into or out of the institution;
c. whenever an inmate is admitted to a segregation unit, whether on misconduct or administrative
segregation or, when applicable, special needs unit;
d. whenever an inmate is isolated as a suicide risk or other risk to him/herself or other persons
(e.g., arsonists)
e. when the inmate is involved in or suspected of being involved in a disturbance or other
significant occurrence where the security of the institution has been or might be jeopardized.
f. when searching an inmate's cell or dormitory;
g. when an inmate is returning from a place or activity where highly toxic or dangerous items are
located; and
h. prior to entering and/or leaving an open visiting area.

An inmate in category a) whose fine or bail is to be paid or posted very shortly after arrival may be
exempted from the strip search procedure. These inmates will be frisk searched and kept apart from
those inmates who will subsequently be admitted to the living units. If the fine or bail is not paid or
posted, the inmate will be strip searched in the normal way.

With the exception of strip searches conducted on admission or return to the institution that are
documented in the A&D logbook, a written record of all strip searches must be maintained in the
appropriate area logbook and by the completion of a "Search Record".

The standing orders will list any other circumstances under which the superintendent decides that
inmates will be routinely strip searched.

133
Staff Conducting Strip Searches
A minimum of two employees must be present when a strip search is conducted. The first employee,
who must be a correctional officer, is the primary searching officer and the second, who may not
necessarily be a correctional officer, is the back-up/witness.

The primary searching officer must always be the same sex as the inmate except in an emergency
situation where a correctional officer of the same sex is unavailable and the officer has reasonable
cause to believe that an immediate search is necessary because the inmate is concealing contraband
that is dangerous or harmful.

If the back up is not of the same sex as the inmate and there is no modesty screen or other suitable
visual barrier, the back up will take up a position so that the primary searching officer is visible but the
inmate cannot be seen.

When strip-searching male inmates, a female correctional officer may act as the primary searching
officer and direct the inmate to remove all clothing except his underwear. At this point the female officer
resumes the role of the back up and a male officer conducts the final strip search. Prior to commencing
the strip search the female officer must advise the inmate of this procedure. If the inmate objects to
removing his clothing in the presence of a female officer, a male officer will conduct the strip search.

Strip Search of Female Inmates

It is recognized that a significant number of female inmates have experienced sexual abuse. The
practice of strip-searching may inadvertently serve to re traumatize women, reviving painful memories
that may make it difficult for them to manage their time in custody. While strip searches are a necessary
correctional practice to maintain facility security, staff are reminded to exercise sensitivity in performing
them.

The strip search of a female inmate should be conducted in an area and a manner that will maintain
privacy so as not to subject the inmate to embarrassment or humiliation. Therefore, where practical,
strip searches of female inmates will be conducted individually and in private.

A female inmate on her menstrual cycle will be instructed to remove her tampon/sanitary pad. Staff
conducting the strip search will immediately provide the inmate with new tampon/sanitary pad and a
wrapper or paper bag for disposal of the used one.

Strip Search of Transgender Inmates

A transgender inmate must be given three options for strip searching:

• use of male officers only;

• use of female officer only; or
• a split search involving both.

(see Searches of Transgender and Intersex Inmates)

134
Body Cavity Search
Under the Regulated Health Professions Act, actions to carry out a body cavity search are controlled
acts, delegated only to nurses and doctors in Ontario and only to be completed for medical or treatment
purposes.

Since authorization is based solely on clinical assessments by doctors and/or nurses, superintendents
cannot authorize body cavity searches. Correctional staff are not to perform body cavity searches for
contraband or for any other purpose.

When a health care professional is not immediately available, the inmate will be segregated in a "dry
cell" (i.e., a cell in which the water supply has been shut off, however, drinking water will always be
available) and kept under close surveillance until either a health care professional conducts the
examination or there is no longer a need to conduct the search. However, when such a delay may
result in a risk to the health of the inmate, the superintendent or designate will have the inmate
transferred under escort to a community hospital as quickly as possible.

Due to the medical risks involved, force must never be used to conduct a body cavity search. If an
inmate resists or refuses to consent to a body cavity search, the inmate will be segregated and kept
under close surveillance in a dry cell until either the inmate submits to the search or the body cavity
search is no longer required.

A written record of every body cavity search must be made on the inmate's "Health Care Record
(Physician and Nurse Treatment Record) Part D" by the health care professional performing the
search. The entry must be signed and state the time and date of the search, the name of the employee
who ordered it and the reason. This record will demonstrate that the reasons for conducting the body
cavity search have been considered individually and on their own merits.

Routine Searches
Searches of inmate living accommodations, program areas and other areas of the institution will be
conducted on frequent but unannounced and irregular schedules. Outside areas of the institution (e.g.
sports field, exercise yards, perimeter, etc.) will be searched both before and after inmates are allowed
access. Staff are to use all search equipment and practices to conduct visual inspections prior to
touching items (e.g. use mirrors to inspect under items, probes to inspect inside items, etc.).

A visual inspection of exterior walls and fences will be conducted as part of a regular
perimeter patrol (see Perimeter Security - Perimeter Patrols).

Canine Search
Where a superintendent or designate believes that more intensive search procedures are required, an
OPP search dog and handler may be used. Municipal police, Canada Customs and other approved
canine units may be contacted through the OPP canine handlers. Where a canine search is conducted,
a Search Record must be completed. For the safety of the inmate and the search dog, searching of an
inmate with a search dog is not to be permitted.

135
Inmate Living Areas
A minimum of two employees will be present when an inmate living accommodation is searched and
the area left in an orderly and tidy fashion. Staff are to utilize all search equipment and practices to
conduct visual inspections prior to touching items (e.g.; use mirrors to inspect under items, probes to
inspect inside items, etc.). In addition, staff are to pat the surface of items that could contain contraband
rather than sliding their hand along the surface.

Inmates' personal property will be respected, never be wilfully discarded, broken or misplaced. Every
time a routine search is conducted, a "Search Record" is completed.

Visiting Areas
Immediately before and after visiting hours, these areas will be thoroughly searched for contraband
items. Employees must be especially attentive to the possible passing of contraband between inmates
and visitors and among inmates during the visiting period.

Staff are to utilize all search equipment and practices to conduct visual inspections prior to touching
items (e.g.; use mirrors to inspect under items, probes to inspect inside items, etc.).

Searches of incoming visitors may be conducted using metal detectors and visual inspection of the
contents of purses, bags and packages. (see Visiting).

Parcel X-Ray Equipment

The superintendent of an institution with parcel x-ray equipment will ensure that the institution complies
with the Regulations under the Occupational Health and Safety Act respecting "X-Ray Safety".
Additional advice and registration information can be obtained from the Radiation Protection Service.

Vehicles
When entering or leaving the enclosure of an institution, vehicles, their contents and machinery will be
searched for concealed persons or contraband. Searches of non-Correctional Services vehicles will be
recorded in the appropriate area logbook and, if necessary, on a "Search Record". All searches of
Correctional Services vehicles are recorded on a "Vehicle Search Record" prior to leaving the
institution, loading inmates, etc.

The practices and standards for vehicle searches will be included in the standing orders.

Grounds
The institution grounds, outbuildings and areas adjacent to the perimeter will be routinely and
thoroughly searched. Employees must be particularly alert to caches or drops that can be concealed in
predetermined locations for subsequent pick-up by inmate work crews or by outside persons.

Careful searches of inmates entering and leaving the institution and close observation of all inmate
work details should help to preclude movement of contraband by this method.

136
Special Searches of Vehicles and/or Staff
The superintendent or designate may authorize a search at any time of any vehicle located on the
premises of the institution. In addition, where there is reasonable cause to believe that an employee is
bringing or attempting to bring contraband into or out of the institution; the superintendent may
authorize a search of the employee or any property of the employee that is located on the premises of
the institution.

Biological Sample Testing

No inmate will be subject to any form of biological testing unless such testing is an integral part of a
treatment or research program and has received prior approval by the Director, Management and
Operational Support. Biological samples include but are not limited to urine, blood, hair, sputum and
skin (see Substance Abuse Testing).

This policy does not affect clinical procedures used by health care professionals for therapeutic and
diagnostic purposes. Nor does it preclude the taking or testing of biological samples by law
enforcement officials under the authority of a general warrant of search (see Collection of Biological
Samples by Police).

Disposal of Contraband
A comprehensive policy and procedures for the disposal of contraband drugs is contained in the section
entitled Seizure and Disposal of Contraband Drugs.

All contraband found during a search will be given to the operational manager as soon as possible. If
the contraband constitutes or may constitute evidence of a misconduct or an offence, procedures for
ensuring the continuity of evidence must be followed.

The "Search Record", completed at the time of the search, provides a written record of any contraband
found. It must describe in detail the nature of the contraband, the location, circumstances and time of
the discovery, as well as the names of all employees involved.

The contraband, the accompanying "Search Record" and any other documents, which may have been
completed when the contraband was found (e.g., Occurrence Report or Misconduct Report) will be
given to the superintendent for disposition.

Contraband items that are not required for police investigations will be disposed of under the direction
of the superintendent. The disposal must be witnessed by a minimum of two employees, who will make
a written record of the disposal. When any doubt exists as to the form of disposal, the superintendent
will consult with the Regional Director. The standing orders will detail procedures for disposing of
contraband.

Internal discipline of an inmate for possession of contraband will only take place when there compelling
evidence substantiates possession (see Discipline and Misconduct).

The superintendent or designate will submit an Offender Incident Report to the Information
Management Unit and Regional Director when there is a significant finding of major contraband (e.g.,
weapons, ammunition, narcotics or restricted drugs, etc.).

137
Contraband Items Required for a Police Investigation
When a search yields contraband items (e.g.; drugs, weapons, etc.) that may lead to or be required in a
police investigation, the local police agency must be advised. The contraband item(s) must be handled
in a controlled manner so that "continuity of evidence" is maintained and stored in a secure area
designated by the superintendent. Upon request, the superintendent or designate will provide the police
agency with copies of all reports related to finding the contraband.

Hazardous Contraband
Contraband that could reasonably be expected to cause death or injury to any person (e.g., a weapon,
a controlled or restricted drug under the Food and Drug Act, or a narcotic under the Narcotic Control
Act) is unauthorized property in the possession of or accessible to inmates.

When management staff receives information that there may be contraband in the institution that is
potentially hazardous to employee health and safety:

a. employees working in the area of the suspected contraband must be notified immediately; and
b. other employees potentially at risk will be notified as soon as is reasonably practicable, but no
later than the commencement of the next shift.

At the discretion of the superintendent or designate, the only exception may be in the case of a police
undercover or surveillance operation or an investigation where a senior police official requests that
employees not be informed of the contraband. In this situation, employees will be notified of the
suspected contraband when police consent is received.

Weapons
Weapons may be commercially manufactured or locally made items that are designed to cause an
injury by stabbing, slashing, striking, ballistic or other means. They also include ammunition and
explosives. The protocols and procedures regarding searching for these items are contained in
Searching for Weapons.

Contraband Money
All money confiscated as contraband or received from the sale of contraband property will be deposited
in the Consolidated Revenue Fund and an occurrence report completed.

Search Records
Copies of all "Search Records", including "Vehicle Search Records", must be maintained in a central
location designated by the superintendent (e.g., control module, security office, etc.). When a
"Misconduct" and/or an occurrence report is prepared as a result of a search a copy of the "Search
Record" must be attached to those documents.

Related Documents
Refer to Finding Contraband on Visitors, Memorandum dated December 8, 2010.

138
Refer to Standardization of Hand Held Metal Detectors, Memorandum dated November 16, 2010.

Revision History
Date Description of Change Reference Sections
August 19, 2014 A link to the Searches of Transsexual and Intersex Strip Search of
Inmates policy changed to Searches of Transgender Transgender Inmates
and Intersex Inmates to reflect policy name change. Section

139
Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Latest Revision:
Security and Control April 2011
Sub-Section:
N/A

Searches

Policy
Frequent and thorough searches of inmates, their living accommodations, other areas of the
institution and the grounds will be conducted for the purpose of discovering contraband,
objects and situations that might be dangerous or detrimental to the safety and welfare of
employees, inmates or other persons or to the overall security of the institution searches are
designed to achieve this by:

a. detecting and preventing the introduction, use or trafficking of contraband;

b. recovering missing or stolen property;
c. identifying items or situations which might assist in or contribute to an escape,
disturbance, suicide, assault, or other serious occurrence;
d. discouraging theft, trading and bartering by inmates;
e. detecting the presence of and/or the manufacture of weapons, escape devices,
intoxicants, etc., within the institution;
f. identifying health, safety and security hazards which might remain undetected during
less formal inspections; and
g. monitoring and preventing waste, vandalism or misuse of government property.

No employee will conduct a frisk or strip search with an open wound on his or her hand unless
the wound has been properly treated and fitted with a protective dressing.

Inmates will be informed of any seizure or damage to their property that occurs during a search
conducted without the inmate's knowledge.

Use of Force
When an inmate refuses to be searched or resists a search, the inmate will be segregated
from other inmates until he/she submits to the search or until there is no longer a need to
search the inmate. The only exception is in an emergency situation where an employee has
reasonable cause to believe that an immediate search is necessary because an inmate is
concealing contraband that is dangerous or potentially harmful to personal safety or
institutional security (see Use of Force). If force is to be used the employee's supervisor must
authorize it on the "Search Record".

140
Basic Rules for Searching
Inmates must be informed of any seizure or damage to their property that occurs during a
search conducted without their knowledge.

Regardless of what is being searched there are some basic precautions to remember:

1. Always cover open wounds on hands with protective dressings and wear gloves.
2. Be systematic and thorough.
3. Wherever possible visual inspections are to be conducted prior to feeling clothing or
items.
4. Crimp seams of clothing (close hand on seam rather than sliding hand along seam).
5. Crimp clothing and items rather than sliding hand along clothing or items.
6. Be aware that certain items, like medicine pouches, must be handled with special care
due to their religious or spiritual significance.

Search Equipment
The following equipment is provided for employees to use when conducting searches:

 probes
 flashlights
 mirrors
 metal detectors
 search gloves

Search Gloves
Correctional staff are reminded that approved search gloves are not totally puncture or cut
proof and, therefore, they must be used in conjunction with appropriate search procedures and
search equipment such as probes, flashlights and mirrors.

Note: Since search gloves do not provide an effective barrier to pathogens, it is recommended
that latex gloves be worn over the search gloves when contact with bodily fluids is likely. The
latex gloves must be changed after each contact with bodily fluids.

After an employee has completed his/her search duties the search gloves must be cleaned
(see Cleaning, Sanitizing and Disinfecting Security Equipment and Radio Microphones).

Hand Held Metal Detectors

Hand held metal detectors may be used as an assistive tool for searching inmates, inmate
property, their living accommodations and other areas of the institution for concealed metal
objects.

Please reference the Approved Equipment List within the Security Control Equipment Policy
for new minimum standards. (see Security Control Equipment)

141
Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry".

Regulations under the Ministry of Correctional Services Act, ref. "Searches".

Definitions
Body cavity search: a manual or instrument inspection of an inmate's rectal or vaginal
cavities which is performed by a health care professional is only to be completed for medical or
treatment purposes.

Contraband: unauthorized property in the possession of an inmate, which may be an item not
issued by the institution or an item that is issued by the institution but is:

 used for a purpose other than that for which it was issued;
 possessed in a quantity in excess of what was issued; or
 possessed in an area other than where it belongs.

Frisk search: a hand search of a clothed inmate or a search conducted with a portable
scanning device. It includes requiring the inmate to open his or her mouth and raise, lower or
open outer garments of clothing to permit a visual inspection.

Routine search: a routine search of a person, place or vehicle which is conducted without
individual suspicion but in order to ensure compliance with the security, health and safety
standards of the institution.

Strip search: a procedure during which the inmate being searched is required to undress
completely in front of the employee.

Procedures
The superintendent will establish a program of searches with defined standards for the
frequency, locations and circumstances when searches must be conducted. These
requirements will be listed in the standing orders and will reflect this policy while addressing
the nature, design and specific concerns of the institution.

At a minimum, the program of searches must require that:

a. the admitting and discharge, segregation, classification and visiting areas

;
b. all areas of inmate accommodation and higher risk program and service areas (e.g.,
kitchen, stores and workshops)
c. the entire institution, including the grounds, out buildings and areas adjacent to the
perimeter,
142
The standing orders will also indicate that this program of searches is to be regarded as a minimum
standard. Increased and/or more intrusive searches (e.g., strip searches instead of frisk searches) will
be conducted whenever there is reasonable cause to believe that there is an increased level of risk to
the safety of any person or to the institution's security.

Superintendents will ensure that inmates and the areas of the institution that they occupy are searched
frequently but at irregular intervals and that all contraband is removed.

Only correctional staff trained in the approved procedures will conduct searches.

Types of Searches
Correctional Services utilizes several types of searches to ensure that the security of
institutions and safety of all persons in the institutions.

Frisk Search
The frisk search is normally the most frequently used type of search procedure and is primarily
used to carry out spot checks for contraband as part of the institution's overall security
program. Authorized employees should routinely conduct random and irregular frisk searches
of inmates when they are in transit between their living units and various activity areas (e.g.,
visits, programs, recreation, exercise area, etc.).

A minimum of two employees are normally present when a frisk search is conducted. One
employee conducts the search and the other is the back-up/witness.

Whenever a frisk search is conducted, it is recorded maintained in the appropriate area

logbook and, if necessary, on a "Search Record" and occurrence report.

There are certain rules that apply to the different types of inmates.

Female Inmates

In order to provide for greater protection in terms of personal modesty, only female officers
may perform frisk searches on female inmates. In emergency situations, where there is
reasonable cause to believe the female inmate has dangerous or harmful contraband and a
female officer is not available, a male officer can conduct the frisk search. When a male officer
frisk searches a female inmate an occurrence report must be completed.

Male Inmates

Male and female officers can frisk search male inmates.

Transgender Inmates

Where possible, transgender inmates are frisk searched by female officers.

143
Frisk Search of Male Inmates

The officer approaches the inmate and identifies the need to conduct a frisk search.

At a safe distance and in a neutral stance, the officer directs the inmate to empty his/her
pockets.

Wherever possible, visual inspections are to be conducted prior to touching. Visual inspections
are made possible by requiring the inmate to raise, lower, open or turn portion of clothing prior
to touching.

144
Frisk Search of Female Inmates

Strip Search
While strip searches are a necessary correctional practice to maintain facility security, staff are
reminded to exercise sensitivity in performing them.

Where there is reasonable cause to believe that an inmate is in possession of contraband of a

small nature or the officer believes that the inmate has a dangerous weapon on their person
that was not found during a frisk search, the officer may elect to initiate a strip search of the
inmate.

When conducting strip searches, employees must always be alert to signs of illness, disease,
body vermin or injury, which will immediately be reported to the appropriate health care
personnel. To preclude risk of infection during the search process, the primary searching
officer will wear disposable gloves and wash his/her hands immediately after the gloves are
removed.

While strip searches are a necessary correctional practice to maintain facility security, staff are
reminded to exercise sensitivity in performing them. At no time are inmates to be left standing
uncovered prior to or following the search procedure. If necessary, both male and female
inmates will be provided with a clean gown or underwear to preclude unnecessary
embarrassment or humiliation.

145
An inmate must be strip-searched:

a. on admission or return (e.g., from court, temporary absence, outside work gangs, etc.)
to the secure area of the institution;
b. whenever there is reasonable cause to believe that the inmate is carrying contraband
within, into or out of the institution;
c. whenever an inmate is admitted to a segregation unit, whether on misconduct or
administrative segregation or, when applicable, special needs unit;
d. whenever an inmate is isolated as a suicide risk or other risk to him/herself or other
persons (e.g., arsonists)
e. when the inmate is involved in or suspected of being involved in a disturbance or other
significant occurrence where the security of the institution has been or might be
jeopardized.
f. when searching an inmate's cell or dormitory;
g. when an inmate is returning from a place or activity where highly toxic or dangerous
items are located; and
h. prior to entering and/or leaving an open visiting area.

An inmate in category a) whose fine or bail is to be paid or posted very shortly after arrival may
be exempted from the strip search procedure. These inmates will be frisk searched and kept
apart from those inmates who will subsequently be admitted to the living units. If the fine or bail
is not paid or posted, the inmate will be strip-searched in the normal way.

With the exception of strip searches conducted on admission or return to the institution that are
documented in the A&D logbook, a written record of all strip searches must be maintained in
the appropriate area logbook and by the completion of a "Search Record".

The standing orders will list any other circumstances under which the superintendent decides
that inmates will be routinely strip-searched.

Staff Conducting Strip Searches

A minimum of employees must be present when a strip search is conducted. The first
employee, who must be a correctional officer, is the primary searching officer ,
.

The primary searching officer must always be the same sex as the inmate except in an
emergency situation where a correctional officer of the same sex is unavailable and the officer
has reasonable cause to believe that an immediate search is necessary because the inmate is
concealing contraband that is dangerous or harmful.

If the back up is not of the same sex as the inmate and there is no modesty screen or other
suitable visual barrier, the back up will take up a position so that the primary searching officer
is visible but the inmate cannot be seen.

When strip-searching male inmates, a female correctional officer may act as the primary
searching officer and direct the inmate to remove all clothing except his underwear. At this
point the female officer resumes the role of the back up and a male officer conducts the final

146
strip search. Prior to commencing the strip search the female officer must advise the inmate of
this procedure. If the inmate objects to removing his clothing in the presence of a female
officer, a male officer will conduct the strip search.

Strip Search of Female Inmates

It is recognized that a significant number of female inmates have experienced sexual abuse.
The practice of strip-searching may inadvertently serve to re-traumatize women, reviving
painful memories that may make it difficult for them to manage their time in custody. While strip
searches are a necessary correctional practice to maintain facility security, staff are reminded
to exercise sensitivity in performing them.

The strip search of a female inmate should be conducted in an area and a manner that will
maintain privacy so as not to subject the inmate to embarrassment or humiliation. Therefore,
where practical, strip searches of female inmates will be conducted individually and in private.

A female inmate on her menstrual cycle will be instructed to remove her tampon/sanitary pad.
Staff conducting the strip search will immediately provide the inmate with new tampon/sanitary
pad and a wrapper or paper bag for disposal of the used one.

Strip Search of Transgender Inmates

A transgender inmate must be given three options for strip searching:

 use of male officers only;

 use of female officer only; or
 a split search involving both.

(see Searches of Transsexual and Intersex Inmates)

Body Cavity Search

Under the Regulated Health Professions Act, actions to carry out a body cavity search are
controlled acts, delegated only to nurses and doctors in Ontario and only to be completed for
medical or treatment purposes.

Since authorization is based solely on clinical assessments by doctors and/or nurses,

superintendents cannot authorize body cavity searches. Correctional staff are not to perform
body cavity searches for contraband or for any other purpose.

When a health care professional is not immediately available, the inmate will be segregated in
a "dry cell" (i.e., a cell in which the water supply has been shut off, however, drinking water will
always be available) and kept under close surveillance until either a health care professional
conducts the examination or there is no longer a need to conduct the search. However, when
such a delay may result in a risk to the health of the inmate, the superintendent or designate
will have the inmate transferred under escort to a community hospital as quickly as possible.

147
Due to the medical risks involved, force must never be used to conduct a body cavity search. If
an inmate resists or refuses to consent to a body cavity search, the inmate will be segregated
and kept under close surveillance in a dry cell until either the inmate submits to the search or
the body cavity search is no longer required.

A written record of every body cavity search must be made on the inmate's "Health Care
Record (Physician and Nurse Treatment Record) Part D" by the health care professional
performing the search. The entry must be signed and state the time and date of the search, the
name of the employee who ordered it and the reason. This record will demonstrate that the
reasons for conducting the body cavity search have been considered individually and on their
own merits.

Routine Searches
Searches of inmate living accommodations, program areas and other areas of the institution
will be conducted on frequent but unannounced and irregular schedules. Outside areas of the
institution (e.g. sports field, exercise yards, perimeter, etc.) will be searched both before and
after inmates are allowed access. Staff are to use all search equipment and practices to
conduct visual inspections prior to touching items (e.g. use mirrors to inspect under items,
probes to inspect inside items, etc.).
visual inspection of
exterior walls and fences will be conducted as part of a regular perimeter patrol (see
Perimeter Security - Perimeter Patrols).

Canine Search
Where a superintendent or designate believes that more intensive search procedures are
required, an OPP search dog and handler may be used. Municipal police, Canada Customs
and other approved canine units may be contacted through the OPP canine handlers. Where a
canine search is conducted, a Search Record must be completed. For the safety of the inmate
and the search dog, searching of an inmate with a search dog is not to be permitted.

Inmate Living Areas

A minimum of two employees will be present when an inmate living accommodation is
searched and the area left in an orderly and tidy fashion. Staff are to utilize all search
equipment and practices to conduct visual inspections prior to touching items (e.g.; use mirrors
to inspect under items, probes to inspect inside items, etc.). In addition, staff are to pat the
surface of items that could contain contraband rather than sliding their hand along the surface.

Inmates' personal property will be respected, never be wilfully discarded, broken or misplaced.
Every time a routine search is conducted, a "Search Record" is completed.

Visiting Areas
Immediately before and after visiting hours, these areas will be thoroughly searched for
contraband items. Employees must be especially attentive to the possible passing of
contraband between inmates and visitors and among inmates during the visiting period.
148
Staff are to utilize all search equipment and practices to conduct visual inspections prior to
touching items (e.g.; use mirrors to inspect under items, probes to inspect inside items, etc.). In
addition, staff are to pat the surface of items that could contain contraband rather than sliding
their hand along the surface.

Searches of incoming visitors may be conducted using metal detectors and visual inspection of
the contents of purses, bags and packages. (see Visiting).

Parcel X-Ray Equipment

The superintendent of an institution with parcel x-ray equipment will ensure that the institution
complies with the Regulations under the Occupational Health and Safety Act respecting "X-
Ray Safety". Additional advice and registration information can be obtained from the Radiation
Protection Service.

Vehicles
When entering or leaving the enclosure of an institution, vehicles, their contents and machinery
will be searched for concealed persons or contraband. Searches of non-Correctional Services
vehicles will be recorded in the appropriate area logbook and, if necessary, on a "Search
Record". All searches of Correctional Services vehicles are recorded on a "Vehicle Search
Record" prior to leaving the institution, loading inmates, etc.

The practices and standards for vehicle searches will be included in the standing orders.

Grounds
The institution grounds, outbuildings and areas adjacent to the perimeter will be routinely and
thoroughly searched. Employees must be particularly alert to caches or drops that can be
concealed in predetermined locations for subsequent pick-up by inmate work crews or by
outside persons.

Careful searches of inmates entering and leaving the institution and close observation of all
inmate work details should help to preclude movement of contraband by this method.

Special Searches of Vehicles and/or Staff

The superintendent or designate may authorize a search at any time of any vehicle located on
the premises of the institution. In addition, where there is reasonable cause to believe that an
employee is bringing or attempting to bring contraband into or out of the institution; the
superintendent may authorize a search of the employee or any property of the employee that
is located on the premises of the institution.

Biological Sample Testing

No inmate will be subject to any form of biological testing unless such testing is an integral part
of a treatment or research program and has received prior approval by the Director,

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Management and Operational Support. Biological samples include but are not limited to urine,
blood, hair, sputum and skin (see Substance Abuse Testing).

This policy does not affect clinical procedures used by health care professionals for therapeutic
and diagnostic purposes. Nor does it preclude the taking or testing of biological samples by
law enforcement officials under the authority of a general warrant of search (see Collection of
Biological Samples by Police).

Disposal of Contraband
A comprehensive policy and procedures for the disposal of contraband drugs is contained in
the section entitled Seizure and Disposal of Contraband Drugs.

All contraband found during a search will be given to the operational manager as soon as
possible. If the contraband constitutes or may constitute evidence of a misconduct or an
offence, procedures for ensuring the continuity of evidence must be followed.

The "Search Record", completed at the time of the search, provides a written record of any
contraband found. It must describe in detail the nature of the contraband, the location,
circumstances and time of the discovery, as well as the names of all employees involved.

The contraband, the accompanying "Search Record" and any other documents, which may
have been completed when the contraband was found (e.g., Occurrence Report or Misconduct
Report) will be given to the superintendent for disposition.

Contraband items that are not required for police investigations will be disposed of under the
direction of the superintendent. The disposal must be witnessed by a minimum of two
employees, who will make a written record of the disposal. When any doubt exists as to the
form of disposal, the superintendent will consult with the Regional Director. The standing
orders will detail procedures for disposing of contraband.

Internal discipline of an inmate for possession of contraband will only take place when there
compelling evidence substantiates possession (see Discipline and Misconduct).

The superintendent or designate will submit an Offender Incident Report to the Information
Management Unit and Regional Director when there is a significant finding of major
contraband (e.g., weapons, ammunition, narcotics or restricted drugs, etc.).

Contraband Items Required for a Police Investigation

When a search yields contraband items (e.g.; drugs, weapons, etc.) that may lead to or be
required in a police investigation, the local police agency must be advised. The contraband
item(s) must be handled in a controlled manner so that "continuity of evidence" is maintained
and stored in a secure area designated by the superintendent. Upon request, the
superintendent or designate will provide the police agency with copies of all reports related to
finding the contraband.

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Hazardous Contraband
Contraband that could reasonably be expected to cause death or injury to any person (e.g., a
weapon, a controlled or restricted drug under the Food and Drug Act, or a narcotic under the
Narcotic Control Act) is unauthorized property in the possession of or accessible to inmates.

When management staff receives information that there may be contraband in the institution
that is potentially hazardous to employee health and safety:

a. employees working in the area of the suspected contraband must be notified

immediately; and
b. other employees potentially at risk will be notified as soon as is reasonably practicable,
but no later than the commencement of the next shift.

At the discretion of the superintendent or designate, the only exception may be in the case of a
police undercover or surveillance operation or an investigation where a senior police official
requests that employees not be informed of the contraband. In this situation, employees will be
notified of the suspected contraband when police consent is received.

Weapons
Weapons may be commercially manufactured or locally made items that are designed to
cause an injury by stabbing, slashing, striking, ballistic or other means. They also include
ammunition and explosives. The protocols and procedures regarding searching for these items
are contained in Searching for Weapons.

Contraband Money
All money confiscated as contraband or received from the sale of contraband property will be
deposited in the Consolidated Revenue Fund and an occurrence report completed.

Search Records
Copies of all "Search Records", including "Vehicle Search Records", must be maintained in a
central location designated by the superintendent (e.g., control module, security office, etc.).
When a "Misconduct" and/or an occurrence report is prepared as a result of a search a copy of
the "Search Record" must be attached to those documents.

Related Documents
Refer to Finding Contraband on Visitors, Memorandum dated December 8, 2010.

Refer to Standardization of Hand Held Metal Detectors, Memorandum dated November 16,
2010

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Ministry of Institutional Services
Community Safety
and Correctional Services
Policy and Procedures Manual

Section Date
Security January, 2011
Subject
Searches

Policy
Frequent and thorough searches of inmates, their living accommodations, other areas of the institution
and the grounds will be conducted for the purpose of discovering contraband, objects and situations
that might be dangerous or detrimental to the safety and welfare of employees, inmates or other
persons or to the overall security of the institution searches are designed to achieve this by:

a. detecting and preventing the introduction, use or trafficking of contraband;

b. recovering missing or stolen property;
c. identifying items or situations which might assist in or contribute to an escape, disturbance,
suicide, assault, or other serious occurrence;
d. discouraging theft, trading and bartering by inmates;
e. detecting the presence of and/or the manufacture of weapons, escape devices, intoxicants,
etc., within the institution;
f. identifying health, safety and security hazards which might remain undetected during less
formal inspections; and
g. monitoring and preventing waste, vandalism or misuse of government property.

No employee will conduct a frisk or strip search with an open wound on his or her hand unless the
wound has been properly treated and fitted with a protective dressing.

Inmates will be informed of any seizure or damage to their property that occurs during a search
conducted without the inmate's knowledge.

Use of Force
When an inmate refuses to be searched or resists a search, the inmate will be segregated from other
inmates until he/she submits to the search or until there is no longer a need to search the inmate. The
only exception is in an emergency situation where an employee has reasonable cause to believe that
an immediate search is necessary because an inmate is concealing contraband that is dangerous or
potentially harmful to personal safety or institutional security (see Use of Force). If force is to be used
the employee's supervisor must authorize it on the "Search Record".

Basic Rules for Searching

Inmates must be informed of any seizure or damage to their property that occurs during a search
conducted without their knowledge.

Regardless of what is being searched there are some basic precautions to remember:

1. Always cover open wounds on hands with protective dressings and wear gloves.
2. Be systematic and thorough.
3. Wherever possible visual inspections are to be conducted prior to feeling clothing or items.
4. Crimp seams of clothing (close hand on seam rather than sliding hand along seam).

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 5. Crimp clothing and items rather than sliding hand along clothing or items.
6. Be aware that certain items, like medicine pouches, must be handled with special care due to
their religious or spiritual significance.

Search Equipment
The following equipment is provided for employees to use when conducting searches:

• probes
• flashlights
• mirrors
• metal detectors
• search gloves

Search Gloves
Correctional staff are reminded that approved search gloves are not totally puncture or cut proof and,
therefore, they must be used in conjunction with appropriate search procedures and search equipment
such as probes, flashlights and mirrors.

Note: Since search gloves do not provide an effective barrier to pathogens, it is recommended that
latex gloves be worn over the search gloves when contact with bodily fluids is likely. The latex gloves
must be changed after each contact with bodily fluids.

After an employee has completed his/her search duties the search gloves must be cleaned (see
Cleaning, Sanitizing and Disinfecting Security Equipment and Radio Microphones).

Hand Held Metal Detectors

Hand held metal detectors may be used as an assistive tool for searching inmates, inmate property,
their living accommodations and other areas of the institution for concealed metal objects.

Please reference the Approved Equipment List within the Security Control Equipment Policy for new
minimum standards. (see Security Control Equipment)

Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry".

Regulations under the Ministry of Correctional Services Act, ref. "Searches".

Definitions
Body cavity search: a manual or instrument inspection of an inmate's rectal or vaginal cavities which
is performed by a health care professional is only to be completed for medical or treatment purposes.

Contraband: unauthorized property in the possession of an inmate, which may be an item not issued
by the institution or an item that is issued by the institution but is:

• used for a purpose other than that for which it was issued;

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 • possessed in a quantity in excess of what was issued; or
• possessed in an area other than where it belongs.

Frisk search: a hand search of a clothed inmate or a search conducted with a portable scanning
device. It includes requiring the inmate to open his or her mouth and raise, lower or open outer
garments of clothing to permit a visual inspection.

Routine search: a routine search of a person, place or vehicle which is conducted without individual
suspicion but in order to ensure compliance with the security, health and safety standards of the
institution.

Strip search: a procedure during which the inmate being searched is required to undress completely
in front of the employee.

Procedures
The superintendent will establish a program of searches with defined standards for the frequency,
locations and circumstances when searches must be conducted. These requirements will be listed in
the standing orders and will reflect this policy while addressing the nature, design and specific
concerns of the institution.

At a minimum, the program of searches must require that:

a. the admitting and discharge, segregation, classification and visiting areas ;

b. all areas of inmate accommodation and higher risk program and service areas (e.g., kitchen,
stores and workshops)
c. the entire institution, including the grounds, out buildings and areas adjacent to the perimeter,

The standing orders will also indicate that this program of searches is to be regarded as a minimum
standard. Increased and/or more intrusive searches (e.g., strip searches instead of frisk searches) will
be conducted whenever there is reasonable cause to believe that there is an increased level of risk to
the safety of any person or to the institution's security.

Superintendents will ensure that inmates and the areas of the institution that they occupy are searched
frequently but at irregular intervals and that all contraband is removed.

Only correctional staff trained in the approved procedures will conduct searches.

Types of Searches
Correctional Services utilizes several types of searches to ensure that the security of institutions and
safety of all persons in the institutions.

Frisk Search
The frisk search is normally the most frequently used type of search procedure and is primarily used to
carry out spot checks for contraband as part of the institution's overall security program. Authorized
employees should routinely conduct random and irregular frisk searches of inmates when they are in

154
transit between their living units and various activity areas (e.g., visits, programs, recreation, exercise
area, etc.).

A minimum of two employees are normally present when a frisk search is conducted. One employee
conducts the search and the other is the back-up/witness.

Whenever a frisk search is conducted, it is recorded maintained in the appropriate area logbook and, if
necessary, on a "Search Record" and occurrence report.

There are certain rules that apply to the different types of inmates.

Female Inmates

In order to provide for greater protection in terms of personal modesty, only female officers may
perform frisk searches on female inmates. In emergency situations, where there is reasonable cause
to believe the female inmate has dangerous or harmful contraband and a female officer is not
available, a male officer can conduct the frisk search. When a male officer frisk searches a female
inmate an occurrence report must be completed.

Male Inmates

Male and female officers can frisk search male inmates.

Transgender Inmates

Where possible, transgender inmates are frisk searched by female officers.

Frisk Search of Male Inmates

The officer approaches the inmate and identifies the need to conduct a frisk search.

At a safe distance and in a neutral stance, the officer directs the inmate to empty his/her pockets.

Wherever possible, visual inspections are to be conducted prior to touching. Visual inspections are
made possible by requiring the inmate to raise, lower, open or turn portion of clothing prior to touching.

The officer directs the inmate to turn and face the wall and place his/her fingertips on the wall and
spread the fingers. The officer then instructs the inmate to take one step back and away from the wall
and spread his/her feet approximately 2-3 feet. The officer then moves towards the inmate to conduct
the frisk search.

Commencing the search on the right side of the inmate's body, the officer places the left palm on the
inmate's back between the shoulder blades just below the neck. (A safer way is by placing the hand on
the inmate's triceps) The officer's left foot is placed inside and against the inmate's right foot.

The officer must ensure that a space is maintained between themselves and the inmate to eliminate

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potential allegations of sexual assault.

Special care must be taken not to touch or contact the groin or genitals of the inmate as this may give
rise to potential sexual assault allegations

Frisk Search of Female Inmates

Strip Search
While strip searches are a necessary correctional practice to maintain facility security, staff are
reminded to exercise sensitivity in performing them.

Where there is reasonable cause to believe that an inmate is in possession of contraband of a small
nature or the officer believes that the inmate has a dangerous weapon on their person that was not
found during a frisk search, the officer may elect to initiate a strip search of the inmate.

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When conducting strip searches, employees must always be alert to signs of illness, disease, body
vermin or injury, which will immediately be reported to the appropriate health care personnel. To
preclude risk of infection during the search process, the primary searching officer will wear disposable
gloves and wash his/her hands immediately after the gloves are removed.

While strip searches are a necessary correctional practice to maintain facility security, staff are
reminded to exercise sensitivity in performing them. At no time are inmates to be left standing
uncovered prior to or following the search procedure. If necessary, both male and female inmates will
be provided with a clean gown or underwear to preclude unnecessary embarrassment or humiliation.

An inmate must be strip-searched:

a. on admission or return (e.g., from court, temporary absence, outside work gangs, etc.) to the
secure area of the institution;
b. whenever there is reasonable cause to believe that the inmate is carrying contraband within,
into or out of the institution;
c. whenever an inmate is admitted to a segregation unit, whether on misconduct or
administrative segregation or, when applicable, special needs unit;
d. whenever an inmate is isolated as a suicide risk or other risk to him/herself or other persons
(e.g., arsonists)
e. when the inmate is involved in or suspected of being involved in a disturbance or other
significant occurrence where the security of the institution has been or might be jeopardized.
f. when searching an inmate's cell or dormitory;
g. when an inmate is returning from a place or activity where highly toxic or dangerous items are
located; and
h. prior to entering and/or leaving an open visiting area.

An inmate in category a) whose fine or bail is to be paid or posted very shortly after arrival may be
exempted from the strip search procedure. These inmates will be frisk searched and kept apart from
those inmates who will subsequently be admitted to the living units. If the fine or bail is not paid or
posted, the inmate will be strip-searched in the normal way.

With the exception of strip searches conducted on admission or return to the institution that are
documented in the A&D logbook, a written record of all strip searches must be maintained in the
appropriate area logbook and by the completion of a "Search Record".

The standing orders will list any other circumstances under which the superintendent decides that
inmates will be routinely strip-searched.

Staff Conducting Strip Searches

A minimum of two employees must be present when a strip search is conducted. The first employee,
who must be a correctional officer, is the primary searching officer and the second, who may not
necessarily be a correctional officer, is the back-up/witness.

The primary searching officer must always be the same sex as the inmate except in an emergency
situation where a correctional officer of the same sex is unavailable and the officer has reasonable
cause to believe that an immediate search is necessary because the inmate is concealing contraband
that is dangerous or harmful.

If the back up is not of the same sex as the inmate and there is no modesty screen or other suitable
visual barrier, the back up will take up a position so that the primary searching officer is visible but the

157
inmate cannot be seen.

When strip-searching male inmates, a female correctional officer may act as the primary searching
officer and direct the inmate to remove all clothing except his underwear. At this point the female
officer resumes the role of the back up and a male officer conducts the final strip search. Prior to
commencing the strip search the female officer must advise the inmate of this procedure. If the inmate
objects to removing his clothing in the presence of a female officer, a male officer will conduct the strip
search.

Strip Search of Female Inmates

It is recognized that a significant number of female inmates have experienced sexual abuse. The

Strip Search of Transgender Inmates

A transgender inmate must be given three options for strip searching:

• use of male officers only;

• use of female officer only; or
• a split search involving both.

(see Strip Searching Transgender Inmates)

Body Cavity Search

Under the Regulated Health Professions Act, actions to carry out a body cavity search are controlled
acts, delegated only to nurses and doctors in Ontario and only to be completed for medical or
treatment purposes.

Since authorization is based solely on clinical assessments by doctors and/or nurses, superintendents
cannot authorize body cavity searches. Correctional staff are not to perform body cavity searches for
contraband or for any other purpose.

When a health care professional is not immediately available, the inmate will be segregated in a "dry
cell" (i.e., a cell in which the water supply has been shut off, however, drinking water will always be
available) and kept under close surveillance until either a health care professional conducts the
examination or there is no longer a need to conduct the search. However, when such a delay may
result in a risk to the health of the inmate, the superintendent or designate will have the inmate
transferred under escort to a community hospital as quickly as possible.

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Due to the medical risks involved, force must never be used to conduct a body cavity search. If an
inmate resists or refuses to consent to a body cavity search, the inmate will be segregated and kept
under close surveillance in a dry cell until either the inmate submits to the search or the body cavity
search is no longer required.

A written record of every body cavity search must be made on the inmate's "Health Care Record
(Physician and Nurse Treatment Record) Part D" by the health care professional performing the
search. The entry must be signed and state the time and date of the search, the name of the employee
who ordered it and the reason. This record will demonstrate that the reasons for conducting the body
cavity search have been considered individually and on their own merits.

Routine Searches
Searches of inmate living accommodations, program areas and other areas of the institution will be
conducted on frequent but unannounced and irregular schedules. Outside areas of the institution (e.g.;
sports field, exercise yards, perimeter, etc.) will be searched both before and after inmates are allowed
access. In addition, exterior walls and fences will be searched on a regular basis. Staff are to
utilize all search equipment and practices to conduct visual inspections prior to touching items (e.g.;
use mirrors to inspect under items, probes to inspect inside items, etc.)

Canine Search
Where a superintendent or designate believes that more intensive search procedures are required, an
OPP search dog and handler may be used. Municipal police, Canada Customs and other approved
canine units may be contacted through the OPP canine handlers. Where a canine search is
conducted, a Search Record must be completed. For the safety of the inmate and the search dog,
searching of an inmate with a search dog is not to be permitted.

Inmate Living Areas

A minimum of two employees will be present when an inmate living accommodation is searched and
the area left in an orderly and tidy fashion. Staff are to utilize all search equipment and practices to
conduct visual inspections prior to touching items (e.g.; use mirrors to inspect under items, probes to
inspect inside items, etc.). In addition, staff are to pat the surface of items that could contain
contraband rather than sliding their hand along the surface.

Inmates' personal property will be respected, never be wilfully discarded, broken or misplaced. Every
time a routine search is conducted, a "Search Record" is completed.

Visiting Areas
Immediately before and after visiting hours, these areas will be thoroughly searched for contraband
items. Employees must be especially attentive to the possible passing of contraband between inmates
and visitors and among inmates during the visiting period.

Staff are to utilize all search equipment and practices to conduct visual inspections prior to touching
items (e.g.; use mirrors to inspect under items, probes to inspect inside items, etc.).

Searches of incoming visitors may be conducted using metal detectors and visual inspection of the

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contents of purses, bags and packages. (see Visiting).

Parcel X-Ray Equipment

The superintendent of an institution with parcel x-ray equipment will ensure that the institution complies
with the Regulations under the Occupational Health and Safety Act respecting "X-Ray Safety".
Additional advice and registration information can be obtained from the Radiation Protection Service.

Vehicles
When entering or leaving the enclosure of an institution, vehicles, their contents and machinery will be
searched for concealed persons or contraband. Searches of non-Correctional Services vehicles will be
recorded in the appropriate area logbook and, if necessary, on a "Search Record". All searches of
Correctional Services vehicles are recorded on a "Vehicle Search Record" prior to leaving the
institution, loading inmates, etc.

The practices and standards for vehicle searches will be included in the standing orders.

Grounds
The institution grounds, outbuildings and areas adjacent to the perimeter will be routinely and
thoroughly searched. Employees must be particularly alert to caches or drops that can be concealed in
predetermined locations for subsequent pick-up by inmate work crews or by outside persons.

Careful searches of inmates entering and leaving the institution and close observation of all inmate
work details should help to preclude movement of contraband by this method.

Special Searches of Vehicles and/or Staff

The superintendent or designate may authorize a search at any time of any vehicle located on the
premises of the institution. In addition, where there is reasonable cause to believe that an employee is
bringing or attempting to bring contraband into or out of the institution; the superintendent may
authorize a search of the employee or any property of the employee that is located on the premises of
the institution.

Biological Sample Testing

No inmate will be subject to any form of biological testing unless such testing is an integral part of a
treatment or research program and has received prior approval by the Director, Management and
Operational Support. Biological samples include but are not limited to urine, blood, hair, sputum and
skin (see Substance Abuse Testing).

This policy does not affect clinical procedures used by health care professionals for therapeutic and
diagnostic purposes. Nor does it preclude the taking or testing of biological samples by law
enforcement officials under the authority of a general warrant of search (see Collection of Biological
Samples by Police).

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Disposal of Contraband
A comprehensive policy and procedures for the disposal of contraband drugs is contained in the
section entitled Seizure and Disposal of Contraband Drugs.

All contraband found during a search will be given to the operational manager as soon as possible. If
the contraband constitutes or may constitute evidence of a misconduct or an offence, procedures for
ensuring the continuity of evidence must be followed.

The "Search Record", completed at the time of the search, provides a written record of any contraband
found. It must describe in detail the nature of the contraband, the location, circumstances and time of
the discovery, as well as the names of all employees involved.

The contraband, the accompanying "Search Record" and any other documents, which may have been
completed when the contraband was found (e.g., Occurrence Report or Misconduct Report) will be
given to the superintendent for disposition.

Contraband items that are not required for police investigations will be disposed of under the direction
of the superintendent. The disposal must be witnessed by a minimum of two employees, who will
make a written record of the disposal. When any doubt exists as to the form of disposal, the
superintendent will consult with the Regional Director. The standing orders will detail procedures for
disposing of contraband.

Internal discipline of an inmate for possession of contraband will only take place when there
compelling evidence substantiates possession (see Discipline and Misconduct).

The superintendent or designate will submit an Offender Incident Report to the Information
Management Unit and Regional Director when there is a significant finding of major contraband (e.g.,
weapons, ammunition, narcotics or restricted drugs, etc.).

Contraband Items Required for a Police Investigation

When a search yields contraband items (e.g.; drugs, weapons, etc.) that may lead to or be required in
a police investigation, the local police agency must be advised. The contraband item(s) must be
handled in a controlled manner so that “continuity of evidence” is maintained and stored in a secure
area designated by the superintendent. Upon request, the superintendent or designate will provide the
police agency with copies of all reports related to finding the contraband.

Hazardous Contraband
Contraband that could reasonably be expected to cause death or injury to any person (e.g., a weapon,
a controlled or restricted drug under the Food and Drug Act, or a narcotic under the Narcotic Control
Act) is unauthorized property in the possession of or accessible to inmates.

When management staff receives information that there may be contraband in the institution that is
potentially hazardous to employee health and safety:

a. employees working in the area of the suspected contraband must be notified immediately; and
b. other employees potentially at risk will be notified as soon as is reasonably practicable, but no
later than the commencement of the next shift.

At the discretion of the superintendent or designate, the only exception may be in the case of a police

161
undercover or surveillance operation or an investigation where a senior police official requests that
employees not be informed of the contraband. In this situation, employees will be notified of the
suspected contraband when police consent is received.

Weapons
Weapons may be commercially manufactured or locally made items that are designed to cause an
injury by stabbing, slashing, striking, ballistic or other means. They also include ammunition and
explosives. The protocols and procedures regarding searching for these items are contained in
Searching for Weapons.

Contraband Money
All money confiscated as contraband or received from the sale of contraband property will be
deposited in the Consolidated Revenue Fund and an occurrence report completed.

Search Records
Copies of all "Search Records", including "Vehicle Search Records", must be maintained in a central
location designated by the superintendent (e.g., control module, security office, etc.). When a
"Misconduct" and/or an occurrence report is prepared as a result of a search a copy of the "Search
Record" must be attached to those documents.

Related Documents
Refer to Finding Contraband on Visitors Memorandum dated December 8, 2010.

Refer to Standardization of Hand Held Metal Detectors Memorandum dated November 16, 2010.

162
163
164
From: Laughlin, Bruce (MCSCS)
To: Beach, Dawne (MCSCS); Boychuk, John (MCSCS); Dixon, Barbara (MCSCS); Ducheneau, Mike (MCSCS); Elliott,
Brian (MCSCS); Gluchowski, Ben (MCSCS); Gobbi, Greg (MCSCS); Higgins, Richard (MCSCS); Long, Roger
(MCSCS); O"Donnell, Debbie (MCSCS); Prince, Cody (MCSCS); Ricker, Paul (MCSCS); Shewfelt, George
(MCSCS); Stanley, Frank (MCSCS); Storm, Brooke (MCSCS); Tsiodras, George (MCSCS); Vandenthillart, Kelly
(MCSCS); Veith, Anthony (MCSCS); Victor, Laura (MCSCS); Vieira, Michael (MCSCS); Vivian, Fred (MCSCS);
Watson, Christopher (MCSCS); White, Jeff D (MCSCS); Yule, Carter (MCSCS)
Cc: Black, Scott (MCSCS); Bradley, Tom E. (MCSCS); Leppert, Ed (MCSCS); Coccia, Elizabeth (MCSCS)
Subject: A/d search logbook .
Date: June-22-16 3:24:00 PM

As a reminder please ensure when inmates are striped searched on admit that the
inmates name is recorded in the strip search logbook located in A/D . Thanks for your
co-operation . Bruce
 
 
Bruce Laughlin
Superintendent
HWDC
Phone    905-523-8800 ext 210
Fax          905-529-0977
 

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 FRISK SEARCHES

1. Policy

Frequent and thorough searches of inmates, their living areas and other areas of the Institution shall be conducted
for the purpose of discovering contraband, objects and situations which might be dangerous or detrimental to the
safety and welfare of staff, inmates or other persons or to the security of the Institution.

Frisk Search - A hand search of a clothed inmate or a search with a portable scanning device. If necessary, a
frisk search may be expanded to require an inmate to open his/her mouth, raise/lower/open outer garments or
remove socks and shoes to permit a visual inspection.

Hand Held Metal Detector - Each staff station office is equipped with a hand held metal detector. This equipment
is intended to be used to augment the frisk searching of inmates in accordance with the procedures outlined
below. This tool will only detect metallic objects, so the officer must remain vigilant and include the frisk search (pat
downs) in order to detect non metallic contraband.

2. Procedure

2.1 Authorized employees will routinely conduct a frisk search when an inmate is admitted to the Institution. In
addition, random and irregular frisk searches of inmates are to be conducted when they are returning to
living accommodations from other areas of the Institution from visits, yard, medical, etc. All workers
returning from work assignments are to be frisked prior to leaving their work area. The work supervisor
will request assistance by contacting the Shift I/C’s office prior to performing a frisk search. In addition, all
inmate workers are to be frisk searched by Correctional staff upon returning to their living unit. All frisk
searches, other than the initial search in A&D, must be recorded on a Search Report. An Occurrence
Report and Unit Logbook entry may also be required depending on the circumstances.

2.2.1 A minimum employees should normally be present when a frisk search is conducted. At least
one must be trained in search methods.

3. Frisk Search/Scanning of Male Inmates - Either male or female staff may frisk male inmates.

The officer approaches the inmate and identifies the need to conduct a frisk search.

At a safe distance and in a neutral stance, the officer directs the inmate to empty his pockets.

Visual inspections should be conducted prior to touching. Visual inspections are conducted by requiring
the inmate to raise, lower, open or turn portions of clothing inside out prior to touching.

A visual inspection of the mouth, ears, feet, ( and hair is the next

Prior to any physical contact, the officer may elect to scan the inmate with the electronic metal detector.

4. Handheld Metal Detector Scanning Procedure

The body scan should be performed each time in the same pattern so that the operator always knows what parts
of the body still need scanning.

4.1 Direct the Inmate to stand with his or her feet about 18 inches apart, facing away from the wall and about 2
feet in front of it. Direct the inmate to hold his or her arms out to the sides, parallel to the floor.

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4.2 Quickly run the hand-held detector across some piece of conductive material on your own body, such as a
belt buckle. The ensuing squeal of the detector will assure you that the scanner is still operating properly.

4.3 Start at the top of one shoulder of the inmate. With the paddle of the detector held horizontally and
parallel to the front of the body, sweep down one side of the front of the torso, down the leg to the ankle,
then move to the other ankle and sweep back up the front of this opposite leg and torso, ending with the
opposite shoulder.

4.4 Sweep the detector paddle over the outside top of the arm from the top of the shoulder to the bottom of the
wrist, then up the inside of the arm to the armpit. Sweep down that side of the body to the ankle, then up
the inside of that leg and down the inside of the opposite leg, then back up the other leg from the ankle to
the underarm. Repeat the sweep of the inside and outside of this arm. Note that it would be particularly
important to avoid touching the paddle up against the inmate’s body when scanning up and down between
the legs.

4.5 Direct the inmate to turn around. (Arms can be put down now.) The pattern used to scan the front of the
body should now be repeated over the back of the body.

4.6 Direct the inmate to lean against the wall for support then to lift one foot up in back of him- or herself.
Scan across the bottom of the shoe. Repeat for the other foot.

4.7 For the head area, start at the top of the forehead and scan around the top of the head down to the back
of the neck.

5. Frisk Search Procedure

5.1

5.2
6. Frisk Search/Scanning of Female Inmates

The procedure to frisk search a female inmate is identical to that of a male inmate with the exception of searching
the chest area.

6.1

female inmate, the officer instructs the inmate to pull her shirt out of the
waistband. The officer then instructs the inmate to reach inside the shirt and lift the brassier strap/cups out
and away from the body and shake the strap. In some cases, it may be necessary to have the inmate
undo the strap. This action should cause any trapped contraband items to be dislodged.

6.3 If a female inmate is wearing a dress or skirt the frisk search must be conducted on the outside of the
garment. The inmate may be asked to shake out the garment to dislodge any items that may be hidden in
it. If there are reasonable grounds to believe that she may be concealing contraband under her skirt she
may also be asked to raise the skirt to reveal the upper legs, but will not be required to expose her
underwear.

7. Frisk Search of Trans Inmates

7.2 The frisk search option(s) made by the inmate is to be documented in detail (e.g., man search top, woman
search bottom) on the following:
a. The Search Record Form

b. OTIS in the comment field attached to the trans alert with the goal of ensuring the
information is communicated to the living unit (e.g., unit care)

7.3 Any changes to this preference are to be requested by the inmate to the case manager. If
approved, the inmate must be notified and the preference updated on OTIS
7.4 If, following a frisk search, it is believed the inmate is still concealing contraband, a strip search shall be
conducted in a location where the inmate’s personal modesty can be protected and in accordance with
proper practices related to personal privacy. (see Trans Inmate Policy 2015)

168
8. Search Refusal

8.1 If an inmate refuses to be frisk searched staff will isolate the inmate in a secure location such as an
interview room and notify a Sergeant, immediately. Staff should observe the inmate until a Sergeant
arrives. The Sergeant will determine the actions required.

9. Free Standing Frisk

If a wall or similar surface is not immediately available, a freestanding frisk may be conducted. It is conducted as
per the wall method with the following modifications:

9.1

169
 STRIP SEARCHES

1. Policy

A program of searches is established that ensures the Hamilton-Wentworth Detention Centre is searched in
accordance with the requirements established by Ministry policy. The Superintendent intends that the Institution
will be searched more frequently than this minimum standard when staff levels permit. Frequent and thorough
searches of inmates, their living accommodations, other areas of the institution and the grounds will be conducted
for the purpose of discovering contraband, objects and situations that might be dangerous or detrimental to the
safety and welfare of employees, inmates or other persons or to the overall security of the institution searches are
designed to achieve this by:

a. detecting and preventing the introduction, use or trafficking of contraband;

b. recovering missing or stolen property;

c. identifying items or situations which might assist in or contribute to an escape, disturbance, suicide,
assault, or other serious occurrence;

d. discouraging theft, trading and bartering by inmates;

e. detecting the presence of and/or the manufacture of weapons, escape devices, intoxicants, etc., within the
institution;

Also, whenever there is reasonable cause to believe there is an increased level of risk to the safety of any person
or to the institution’s security, the frequency of searches will be increased.

At a minimum, searches must be completed in accordance with the following timeframes:

a) Admitting & Discharge, Segregation, work program areas (i.e. Kitchen, Stores, Laundry, Housekeeping),
Exercise Yards and Visiting areas are searched ;

b) all areas of inmate accommodation are searched b ; and,

c) all areas accessible to inmates, including grounds, corridors, closets and interview rooms, as well as areas
not normally accessible such as areas adjacent to the perimeter, are searched

2. Procedure

2.1 Searches shall only be conducted by employees who have received training in the approved procedures.

2.2 A minimum employees shall be present when a strip search is conducted. The first employee,
who shall be a Correctional Officer, shall be the primary searching Officer

2.3 The primary searching Officer shall always be the same sex as the inmate except in an emergency
situation when a Correctional Officer of the same sex is unavailable and the Officer has reasonable cause
to believe an immediate search is necessary because the inmate is concealing contraband that is harmful
or dangerous.

2.4 In the event that the back-up is not of the same sex as the inmate and there is no modesty screen or other
suitable visual barrier, the back-up shall take up a position so that the primary searching Officer is visible
but the inmate cannot be seen.

170
2.5 When conducting the strip search, the employee shall always be alert to signs of illness, disease, body
vermin or injury, which shall be immediately reported to the Health Care Department. If Health Care
personnel are not immediately available, the inmate shall be segregated from other inmates until the
required medical examination has taken place.

2.6 To preclude the risk of infection during the search process, the primary searching Officer shall wear
disposable gloves and shall wash his/her hands immediately after the gloves are removed.

2.7 Strip searches shall be conducted as follows:

2.7.1

2.7.7 Special attention shall be given to bandages and dressings that shall be removed and replaced
with new ones if necessary. Any dressing larger than a Band-Aid shall be removed by the
Health Care staff. Any prosthesis or cast shall similarly be searched and the presence of Health
Care staff shall be requested whenever deemed appropriate.

2.7.8

2.8

171
 2.8.2 A female inmate on her menstrual cycle will be instructed to remove her tampon/sanitary pad.
Staff conducting the strip search will immediately provide the inmate with a new
tampon/sanitary pad and a wrapper or paper bag for disposal of the used one.

2.9

2.9.3 The choice of strip search option(s) made by the inmate is to be documented in detail

2.10 An inmate must be strip-searched:

2.10.1 on admission, re-entry or return from court, temporary absence to the security area of the
Institution;

2.10.2 whenever there is reasonable cause to believe that the inmate is carrying contraband within,
into or out of the Institution;

2.10.3 during a routine search of the inmate’s living accommodations;

172
 2.10.4 whenever the inmate is admitted to the segregation unit (2A, 1B Seg), whether on misconduct
or administrative segregation;
The requirement for a strip search before being relocated to 2 B Left and 4 A Left will be
determined by the Sergeant.

2.10.5 whenever the inmate is isolated as a suicide risk to himself/herself or other persons (e.g.,
arsonist);

2.10.6 after a disturbance or other significant occurrence (e.g., loss or breakage of a key, equipment,
utensil or a security hardware device) where the security of the Institution has been or might be
jeopardized;

2.10.7 when an inmate is returning from a place or activity where highly toxic or dangerous items are
located;

2.10.8 prior to entering and/or leaving an open visiting area.

2.11
a written record of all strip searches performed shall
be maintained by the completion of a “Search Record”.

173
 SECURITY/SEARCH REPORTS

1. Policy

Maintaining a high level of security is a major operational requirement in the Institution. Staff members exercising
a high level of awareness will result in minimizing security concerns. Officers will remain alert and observant at all
times to monitor any unusual incidents or behaviours that may constitute a security violation.

2. Procedure

2.1 Sergeants will ensure that, in addition to ongoing routine physical security checks performed Officers
conduct a physical security check in each inmate living area. The search reports are
received, monitored and filed by the Security Manager.

2.2 A physical security check (search) is inclusive of

2.3 When a physical security check of each area is conducted, a strip search of each inmate, a search of
personal property and issued clothing will also be conducted.

2.4 The Search Record will note the names of all inmates in the area of the security examination. It will also
list the names of all staff members involved in the search and specify their area of responsibility during the
search, i.e., Officer Powder (cells), Officer Yoda (inmates).

2.5 Any defects/damage and contraband found/disposed of will be documented on the Search Record.

2.6 All maintenance problems discovered during the search will be recorded on the Search Report and in the
Maintenance Log. If the problem is deemed a serious security concern, the Shift Coordinator will be
informed immediately.

2.7 Occurrence Reports and Misconducts will be submitted where possible breaches of security are noted.

2.8 Sergeants will assign staff to conduct security inspection of non-living areas. This inspection
will be thoroughly documented by completing and submitting a search report to the Security Manager.

174
Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Latest Revision:
Security and Control September 2005
Sub-Section:
N/A

Occupied and Unoccupied Areas

Policy
Procedural safeguards governing supervision, patrols and entry to all occupied and unoccupied areas
of the institution shall be implemented for the purpose of preserving institutional safety and security.

Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry".

Regulations under the Ministry of Correctional Services Act, ref. "Duties of Superintendent".

Procedures
Security Patrols
During frequent patrols that are conducted both at prescribed and irregular intervals, all locks,
bars, windows, doors and other equipment and security safeguards will be routinely examined
to ensure that they have not been tampered with and are in good order. If any irregularities or
deficiencies are noted the Operational Manager must be advised immediately. To ensure
inmate safety, patrols will include a visual inspection of all occupied cells and other occupied
areas.

The results of the patrol, including the status of all locks, bars, windows, doors and other
equipment and security safeguards are recorded in the area logbook.

Any time, day or night, segregation, special needs or locked-down units are patrolled; a patrol
recording device will be used.

Clock stations will be properly located to ensure staff conducting patrols can visually observe
inmates (see Inmate Counts).

175
Night Duty Routine
Employees assigned night patrol duties in the institution will be equipped with a patrol
recording device and inspect the facility on a regular schedule described in the Standing
Orders. Minimum standards for the frequency of inspections are as follows:

c. unoccupied areas within the institution's security parameter will be patrolled in

accordance with a prescribed schedule, which will be incorporated in the Standing
Orders. The schedule is based on the nature, size and layout of the area, the types and
sophistication of electronic monitoring systems, the presence of a functioning
automated sprinkler system, the ability to control entry with a locking door/grill and other
factors the Superintendent considers appropriate. However, as a minimum, at least one
patrol must be conducted of the unoccupied areas at the beginning of each shift to
ensure that no unsafe conditions exist (e.g., equipment left on that could cause a fire,
windows or doors left open, etc.), and
d. areas outside the security parameter of the institution will be patrolled in accordance
with a prescribed schedule, which will be incorporated in the Standing Orders. The
schedule is based on the nature, size and layout of the physical plant and grounds, the
types and sophistication of electronic monitoring systems and other factors the
Superintendent considers appropriate. However, it is recommended that at least one
patrol be conducted each night to ensure that no unsafe conditions exist (e.g.,
equipment left on that could cause a fire, windows or doors left open, etc.).

Patrols of occupied and unoccupied areas of the institution will be made at irregular intervals
within the prescribed schedule and a physical record made of the patrols.

In institutions using a computerized recording system, the Superintendent will ensure that an
Operational Manager reviews the patrols on the computer screen, downloads the information
to the hard drive daily and backs up the information on a floppy disk or on the institution's local
area network. To document that the computer record has been reviewed, the Operational
Manager prints the last or summary page of the computer report, signs, dates and records the
time on the page with his/her observations (e.g., if a station has been missed or a round
suspended).

In institutions utilizing a watchman's clock or similar recording device, the Superintendent will
ensure that an Operational Manager checks, changes and initials the record (e.g., the clock
disc or data transfer unit printout) on a daily basis. The record must be kept on file at the
institution for a minimum of one year.

At no time will any person tamper or attempt to interfere with any device used to record patrols
of the institution or with any record produced by the device.

176
Entering Inmate Occupied Areas
Except in an emergency situation involving a clear and significant risk to personal safety, no
employee will open a door to or enter an inmate occupied area without a second employee
being within sufficient proximity to provide prompt assistance when requested or necessary.
Detailed requirements for each institution and/or specific locations within the institution will be
described in the Standing Orders.

Unoccupied Areas
An employee will not permit an inmate to enter an unoccupied part of the institution unless the
employee has first inspected the area to ensure that it is secure and does not contain
contraband.

177
POLICY

Procedural safeguards governing supervision, patrols and entry to all occupied and
unoccupied areas of the institution shall be implemented for the purpose of preserving
institutional safety and security.

AUTHORITY

Ministry of Correctional Services Act, ref. "Functions of Ministry".

Regulations under the Ministry of Correctional Services Act, ref. "Duties of
Superintendent".

PROCEDURES

Security Patrols

During frequent patrols that are conducted both at prescribed and irregular intervals, all
locks, bars, windows, doors and other equipment and security safeguards will be routinely
examined to ensure that they have not been tampered with and are in good order. If any
irregularities or deficiencies are noted the Operational Manager must be advised
immediately. To ensure inmate safety, patrols will include a visual inspection of all
occupied cells and other occupied areas.

The results of the patrol, including the status of all locks, bars, windows, doors and other
equipment and security safeguards are recorded in the area logbook.

Patrols may be conducted more frequently if the Superintendent or designate so

directs. (Also see “Suicide Prevention”).

Any time, day or night, segregation, special needs or locked-down units are
patrolled; a patrol recording device will be used.

Clock stations will be properly located to ensure staff conducting patrols can visually
observe inmates (see "Inmate Counts").

Night Duty Routine

Employees assigned night patrol duties in the institution will be equipped with a patrol
recording device and inspect the facility on a regular schedule described in the Standing
Orders. Minimum standards for the frequency of inspections are as follows:

178
 c) unoccupied areas within the institution's security parameter will be patrolled in
accordance with a prescribed schedule, which will be incorporated in the Standing
Orders. The schedule is based on the nature, size and layout of the area, the types
and sophistication of electronic monitoring systems, the presence of a functioning
automated sprinkler system, the ability to control entry with a locking door/grill and
other factors the Superintendent considers appropriate. However, as a minimum, at
least one patrol must be conducted of the unoccupied areas at the beginning of
each shift to ensure that no unsafe conditions exist (e.g., equipment left on that
could cause a fire, windows or doors left open, etc.), and
d) areas outside the security parameter of the institution will be patrolled in accordance
with a prescribed schedule, which will be incorporated in the Standing Orders. The
schedule is based on the nature, size and layout of the physical plant and grounds,
the types and sophistication of electronic monitoring systems and other factors the
Superintendent considers appropriate. However, it is recommended that at least
one patrol be conducted each night to ensure that no unsafe conditions exist (e.g.,
equipment left on that could cause a fire, windows or doors left open, etc.).

Patrols of occupied and unoccupied areas of the institution will be made at irregular
intervals within the prescribed schedule and a physical record made of the patrols.

In institutions using a computerized recording system, the Superintendent will ensure that
an Operational Manager reviews the patrols on the computer screen, downloads the
information to the hard drive daily and backs up the information on a floppy disk or on the
institution’s local area network. To document that the computer record has been reviewed,
the Operational Manager prints the last or summary page of the computer report, signs,
dates and records the time on the page with his/her observations (e.g., if a station has
been missed or a round suspended).

In institutions utilizing a watchman's clock or similar recording device, the Superintendent

will ensure that an Operational Manager checks, changes and initials the record (e.g., the
clock disc or data transfer unit printout) on a daily basis. The record must be kept on file at
the institution for a minimum of one year.

At no time will any person tamper or attempt to interfere with any device used to record
patrols of the institution or with any record produced by the device.

Entering Inmate Occupied Areas

Except in an emergency situation involving a clear and significant risk to personal safety,
no employee will open a door to or enter an inmate occupied area without a second
employee being within sufficient proximity to provide prompt assistance when requested or
necessary. Detailed requirements for each institution and/or specific locations within the
institution will be described in the Standing Orders.

179
Unoccupied Areas

An employee will not permit an inmate to enter an unoccupied part of the institution unless
the employee has first inspected the area to ensure that it is secure and does not contain
contraband.

180
From: Bradley, Tom E. (MCSCS)
To: Yule, Carter (MCSCS); Barton, Michael (MCSCS); Boles, Susan (MCSCS); Coccia, Elizabeth (MCSCS); DeJonge,
Rick (MCSCS); Derkach, Mike (MCSCS); Dixon, Barbara (MCSCS); Doyle, Daniel (MCSCS); Duykers, Fred
(MCSCS); Gluchowski, Ben (MCSCS); Gobbi, Greg (MCSCS); Graham, Neil (MCSCS); Higgins, Richard (MCSCS);
James, Phil (MCSCS); Long, Roger (MCSCS); Mackie-Tomlin, Mary-Lou (MCSCS); McIlveen, James (MCSCS);
O"Donnell, Debbie (MCSCS); Ricker, Paul (MCSCS); Serpa, George (MCSCS); Shewfelt, George (MCSCS);
Stanley, Frank (MCSCS); Stewart, Scott A. (MCSCS); Vandenthillart, Kelly (MCSCS); Vivian, Fred (MCSCS);
Wright, Keith (MCSCS); Zub, Sheila (MCSCS)
Cc: Laughlin, Bruce (MCSCS); King, Dave (MCSCS)
Subject: deister clockrounds
Date: November-06-13 10:20:00 AM

Please ensure that we are checking to make sure that our required patrols are completed in the
dayrooms and dorm areas. Thank you,
 
Tom Bradley
Deputy Superintendent
Operations
Hamilton Wentwoth Detention Centre
(905) 523-8800
ext.319

181
From: Black, Scott (MCSCS)
To: Dixon, Barbara (MCSCS); Ducheneau, Mike (MCSCS); Elliott, Brian (MCSCS); Gluchowski, Ben (MCSCS); Gobbi,
Greg (MCSCS); Higgins, Richard (MCSCS); Houston, Robert R. (MCSCS); James, Phil (MCSCS); Long, Roger
(MCSCS); O"Donnell, Debbie (MCSCS); Ricker, Paul (MCSCS); Shewfelt, George (MCSCS); Stanley, Frank
(MCSCS); Storm, Brooke (MCSCS); Tsiodras, George (MCSCS); Vandenthillart, Kelly (MCSCS); Veith, Anthony
(MCSCS); Victor, Laura (MCSCS); Vivian, Fred (MCSCS); Watson, Christopher (MCSCS); White, Jeff D (MCSCS);
Yule, Carter (MCSCS)
Cc: Bradley, Tom E. (MCSCS); Laughlin, Bruce (MCSCS); Coccia, Elizabeth (MCSCS)
Subject: Security Patrols and Sergeant"s Responsibilities
Date: February-03-16 4:23:59 PM

Good Afternoon,
 
On October 02, 2015 direction was sent out reminding Sergeants about reviewing
patrols.  It is imperative that we check the patrols, as mentioned below, and get the
reports from the staff if there are discrepancies in the patrols. This task has to be
completed on a consistent basis.
 
When reviewing the clock round data that is downloaded nightly we must review the
report to ensure that the rounds are being completed as per standing orders. The
intent is that we check the report to ensure that the minimum amount of rounds are
completed by staff per hour and at the appropriate time  intervals.  Rounds on living
units are to be 2 an hour at 30 minute intervals, while Segregation rounds are 3 and
hour at 20 minute intervals.
 
“The unit collector being utilized for night rounds will be returned to the Shift
Coordinator’s office at 02:00 hours daily for inspection and downloading. The Shift
Coordinator will generate an exception report to identify any shortfalls in the
completion of rounds as outlined herein. Missed checkpoints, rounds and failure to
initiate a round by contacting the start strip will be supported by the submission of
occurrence reports from the officers responsible. The exception reports, occurrence
reports including corrective action taken will be submitted to the Security Manager.”
 
Your immediate attention to this matter is expected.  A report will be requested if
discrepancies are not addressed by the Shift Coordinator’s Office.
 
Scott Black
Deputy Superintendent Operations
Hamilton Wentworth Detention Centre
165 Barton Street East
Hamilton, ON
L8L 2W6
Telephone: (905)523-8800 Ext. 319
Facsimile:  (905) 529-0977
 

182
From: Black, Scott (MCSCS)
To: Dixon, Barbara (MCSCS); Ducheneau, Mike (MCSCS); Elliott, Brian (MCSCS); Gluchowski, Ben (MCSCS); Gobbi,
Greg (MCSCS); Higgins, Richard (MCSCS); Houston, Robert R. (MCSCS); James, Phil (MCSCS); Long, Roger
(MCSCS); O"Donnell, Debbie (MCSCS); Ricker, Paul (MCSCS); Shewfelt, George (MCSCS); Stanley, Frank
(MCSCS); Storm, Brooke (MCSCS); Tsiodras, George (MCSCS); Vandenthillart, Kelly (MCSCS); Veith, Anthony
(MCSCS); Victor, Laura (MCSCS); Vivian, Fred (MCSCS); Watson, Christopher (MCSCS); White, Jeff D (MCSCS);
Yule, Carter (MCSCS)
Cc: Laughlin, Bruce (MCSCS); Bradley, Tom E. (MCSCS)
Subject: To be Placed on Briefing Notes
Date: February-04-16 3:27:47 PM

Good Afternoon,
 
Please place the following on the briefing notes:  
 
“Security Patrols in Living Units are to be conducted twice per hour at 30
minute Intervals, while Segregation Patrols are to be conducted three times per
hour at 20 minute intervals.  Staff will be directed to submit an occurrence
report for any discrepancies in Security Patrols.  Staff are also advised to
ensure that Security patrols are conducted during Meal Service and Meal
breaks.”
 
 
 
Scott Black
Deputy Superintendent Operations
Hamilton Wentworth Detention Centre
165 Barton Street East
Hamilton, ON
L8L 2W6
Telephone: (905)523-8800 Ext. 319
Facsimile:  (905) 529-0977
 

183
From: Bradley, Tom E. (MCSCS)
To: Barton, Michael (MCSCS); Boles, Susan (MCSCS); Coccia, Elizabeth (MCSCS); Dixon, Barbara (MCSCS);
Ducheneau, Mike (MCSCS); Elliott, Brian (MCSCS); Gluchowski, Ben (MCSCS); Gobbi, Greg (MCSCS); Graham,
Neil (MCSCS); Higgins, Richard (MCSCS); Houston, Robert R. (MCSCS); James, Phil (MCSCS); Long, Roger
(MCSCS); O"Donnell, Debbie (MCSCS); Ricker, Paul (MCSCS); Shewfelt, George (MCSCS); Stanley, Frank
(MCSCS); Storm, Brooke (MCSCS); Tsiodras, George (MCSCS); Vandenthillart, Kelly (MCSCS); Veith, Anthony
(MCSCS); Vivian, Fred (MCSCS); Watson, Christopher (MCSCS); White, Jeff D (MCSCS); Yule, Carter (MCSCS)
Cc: Black, Scott (MCSCS); Coccia, Elizabeth (MCSCS); Laughlin, Bruce (MCSCS); Shedden, Kathy (MCSCS)
Subject: Managers reviewing clockrounds
Date: October-02-15 10:36:00 AM

As a reminder when reviewing the clock round data that is downloaded nightly we
must review the report to ensure that the rounds are being completed as per standing
orders. The intent is that we check the report to ensure that the minimum amount of
rounds are completed by staff per hour and at the appropriate time  intervals.
 
“The unit collector being utilized for night rounds will be returned to the Shift
Coordinator’s office at 02:00 hours daily for inspection and downloading. The Shift
Coordinator will generate an exception report to identify any shortfalls in the
completion of rounds as outlined herein. Missed checkpoints, rounds and failure to
initiate a round by contacting the start strip will be supported by the submission of
occurrence reports from the officers responsible. The exception reports, occurrence
reports including corrective action taken will be submitted to the Security Manager.”
 
Tom Bradley
Deputy Superintendent, Administration
HWDC
905-523-8800 ext 211
 

184
From: Bradley, Tom E. (MCSCS)
To: Beach, Dawne (MCSCS); Victor, Laura (MCSCS); Dixon, Barbara (MCSCS); Ducheneau, Mike (MCSCS); Elliott,
Brian (MCSCS); Gluchowski, Ben (MCSCS); Gobbi, Greg (MCSCS); Higgins, Richard (MCSCS); James, Phil
(MCSCS); Long, Roger (MCSCS); O"Donnell, Debbie (MCSCS); Ricker, Paul (MCSCS); Shewfelt, George
(MCSCS); Stanley, Frank (MCSCS); Storm, Brooke (MCSCS); Tsiodras, George (MCSCS); Vandenthillart, Kelly
(MCSCS); Veith, Anthony (MCSCS); Vivian, Fred (MCSCS); Watson, Christopher (MCSCS); White, Jeff D
(MCSCS); Yule, Carter (MCSCS)
Cc: Black, Scott (MCSCS); Coccia, Elizabeth (MCSCS); Laughlin, Bruce (MCSCS)
Subject: FW: Managers reviewing clockrounds
Date: February-16-16 2:34:00 PM

Please check the printed sheets to ensure the clockrounds are being done properly(
two per hour not more than 30 minutes between in regular units and 3 per hour and
not more than 20 minutes between for segregation (including 2BL and 2BR). When
we find deficiencies we must address the issue as per our practice( in writing
requesting documentation ). If there are deficiencies then as a best practice we
should be viewing the logbook book to see if there is rationale for the deficiency.  We
cannot just look at the number of rounds and base our compliancy on that alone.
Thank you in advance,
 
From: Bradley, Tom E. (MCSCS)
Sent: Friday, October 02, 2015 10:37 AM
To: Barton, Michael (MCSCS); Boles, Susan (MCSCS); Coccia, Elizabeth (MCSCS); Dixon, Barbara
(MCSCS); Ducheneau, Mike (MCSCS); Elliott, Brian (MCSCS); Gluchowski, Ben (MCSCS); Gobbi, Greg
(MCSCS); Graham, Neil (MCSCS); Higgins, Richard (MCSCS); Houston, Robert R. (MCSCS); James, Phil
(MCSCS); Long, Roger (MCSCS); O'Donnell, Debbie (MCSCS); Ricker, Paul (MCSCS); Shewfelt, George
(MCSCS); Stanley, Frank (MCSCS); Storm, Brooke (MCSCS); Tsiodras, George (MCSCS); Vandenthillart,
Kelly (MCSCS); Veith, Anthony (MCSCS); Vivian, Fred (MCSCS); Watson, Christopher (MCSCS); White,
Jeff D (MCSCS); Yule, Carter (MCSCS)
Cc: Black, Scott (MCSCS); Coccia, Elizabeth (MCSCS); Laughlin, Bruce (MCSCS); Shedden, Kathy
(MCSCS)
Subject: Managers reviewing clockrounds
 
As a reminder when reviewing the clock round data that is downloaded nightly we
must review the report to ensure that the rounds are being completed as per standing
orders. The intent is that we check the report to ensure that the minimum amount of
rounds are completed by staff per hour and at the appropriate time  intervals.
 
“The unit collector being utilized for night rounds will be returned to the Shift
Coordinator’s office at 02:00 hours daily for inspection and downloading. The Shift
Coordinator will generate an exception report to identify any shortfalls in the
completion of rounds as outlined herein. Missed checkpoints, rounds and failure to
initiate a round by contacting the start strip will be supported by the submission of
occurrence reports from the officers responsible. The exception reports, occurrence
reports including corrective action taken will be submitted to the Security Manager.”
 
Tom Bradley
Deputy Superintendent, Administration
HWDC
905-523-8800 ext 211
 

185
 Inquest into the deaths of
Louis Unelli, William Acheson, Trevor
Burke, Martin Tykoliz, Stephen
Neeson, David Gillan, Julien Walton
and Peter McNelis

POLICIES & PROCEDURES; STANDING

ORDERS
HAMILTON WENTWORTH DETENTION
CENTRE

VOLUME II
186
Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Release Date:
Security and Control February 2007
Sub-Section:
N/A

Seizure and Disposal of Contraband Drugs

Policy
When a contraband drug is found, Correctional Services procedures for ensuring the continuity
of evidence shall be followed.

A contraband drug shall only be disposed of when:

a. it can be clearly demonstrated that the contraband drug is not a controlled or restricted
drug or a narcotic; or
b. the Superintendent or designate has been informed by an authorized police official that
they do not wish to investigate or take possession of the contraband drug.

A comprehensive written record shall be prepared by every employee who is directly involved
in the finding and/or disposal of a contraband drug. The Superintendent shall ensure that a
consistent local procedure for the seizure and disposal of contraband drugs is included in the
Standing Orders of the institution.

For the purposes of this policy a contraband drug includes any substance that is suspected of
being a contraband drug.

Authority
Regulations under the Ministry of Correctional Services Act, ref. "Searches"; and "Inmate
Misconduct".

Food and Drugs Act, Part III, "Controlled Drugs", ref. "Definitions"; and "Trafficking in
Controlled Drug". Also, Part IV "Restricted Drugs", ref. "Definitions" "Possession of Restricted
Drug"; and "Trafficking in Restricted Drug".

Narcotic Control Act, ref. "Definitions"; "Possession of Narcotic"; and "Trafficking".

Criminal Code of Canada, ref. definition of "Possession".

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Procedure
To help ensure the continuity of evidence, each institution must have a quantity of separate,
key-lockable containers that are specifically designated for the purpose of securing suspected
contraband drugs. Each container will have only one key. Suspected drugs found at different
times or in different locations, will be stored separately.

Whenever an employee finds a substance that is or is suspected of being a contraband drug,

the following procedures will be followed:

1. The employee finding the contraband drug will, with a witness, place the drug into an
envelope and record on the front of the envelope the time, date and exact location
where the substance was found, as well as the quantity and a description. If the
contraband drug was found in the possession, accommodation or belongings of an
inmate, the employee will also record the inmate's full name and inmate number.
2. Both the employee finding the contraband drug and the witness must sign across the
top and bottom flaps of the envelope and the envelope will then be sealed with tape
across the flaps, corners and seams.
3. The employee finding the substance will retain possession of the envelope, place it into
a locked container specifically designated by the Superintendent for that purpose, and
retain the key. The container
secure place designated by the Superintendent.
4. The employee will keep possession of the key to the drug container until the envelope
can be given to the police. A signed receipt, including the time, date, name, rank and
badge number of the police officer, will be obtained. Upon request, the Superintendent
or designate will provide the police officer with copies of all reports related to finding the
contraband drug.
5. If the contraband drug is or is suspected of being a controlled or restricted drug or a
narcotic, the appropriate police authorities and the Regional Director will be notified.
6. If it can be clearly demonstrated that the contraband drug is not a controlled or
restricted drug or a narcotic, the drug will be disposed of under the direction of the
Superintendent. The disposal must be witnessed by a minimum of two employees, who
will make a written record of the disposal.
7. If the police inform the Superintendent or designate that they do not wish to investigate
or take possession of a contraband drug, the name, rank and badge number of the
police official giving the information will be recorded.
8. Internal discipline of an inmate for the possession of a contraband drug will only be
undertaken when there is compelling evidence to substantiate possession (see the
"Guidelines" text below).
9. If there is compelling evidence that an identified inmate(s) was in possession of the
contraband drug the inmate(s) will be placed on misconduct (see Discipline and
Misconduct).

Guidelines
The burden of proof with for possession rests with the crown in a criminal prosecution and with
Correctional Services in internal discipline. In order to substantiate possession, compelling and

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reasonable evidence must exist to demonstrate that the possession is consistent with the
definition in the Criminal Code of Canada, which states that:

a. a person has anything in possession when he has it in his personal possession or

knowingly
i. has it in the actual possession or custody of another person, or
ii. has it in any place, whether or not that place belongs to or is occupied by him, for
the use or benefit of himself or of another person; and
b. when one of two or more persons, with the knowledge and consent of the rest, has
anything in his custody or possession, it shall be deemed to be in the custody and
possession of each and all of them.

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POLICY

When a contraband drug is found, Correctional Services procedures for ensuring the
continuity of evidence shall be followed.

A contraband drug shall only be disposed of when:

a) it can be clearly demonstrated that the contraband drug is not a controlled or
restricted drug or a narcotic; or
b) the Superintendent or designate has been informed by an authorized police official
that they do not wish to investigate or take possession of the contraband drug.

A comprehensive written record shall be prepared by every employee who is directly

involved in the finding and/or disposal of a contraband drug. The Superintendent shall
ensure that a consistent local procedure for the seizure and disposal of contraband drugs
is included in the Standing Orders of the institution.

For the purposes of this policy a contraband drug includes any substance that is suspected
of being a contraband drug.

AUTHORITY

Regulations under the Ministry of Correctional Services Act, ref. "Searches"; and "Inmate
Misconduct".
Food and Drugs Act, Part III, "Controlled Drugs", ref. "Definitions"; and "Trafficking in
Controlled Drug". Also, Part IV "Restricted Drugs", ref. "Definitions" "Possession of
Restricted Drug"; and "Trafficking in Restricted Drug".
Narcotic Control Act, ref. "Definitions"; "Possession of Narcotic"; and "Trafficking".
Criminal Code of Canada, ref. definition of "Possession".

PROCEDURE

To help ensure the continuity of evidence, each institution must have a quantity of
separate, key-lockable containers that are specifically designated for the purpose of
securing suspected contraband drugs. Each container will have only one key. Suspected
drugs found at different times or in different locations, will be stored separately.

Whenever an employee finds a substance that is or is suspected of being a contraband

drug, the following procedures will be followed:
1. The employee finding the contraband drug will, with a witness, place the drug into
an envelope and record on the front of the envelope the time, date and exact
location where the substance was found, as well as the quantity and a description. If
the contraband drug was found in the possession, accommodation or belongings of
an inmate, the employee will also record the inmate's full name and inmate number.

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 2. Both the employee finding the contraband drug and the witness must sign across
the top and bottom flaps of the envelope and the envelope will then be sealed with
tape across the flaps, corners and seams.
3. The employee finding the substance will retain possession of the envelope, place it
into a locked container specifically designated by the Superintendent for that
purpose, and retain the key. The container will be kept in the institution's vault,
control module or other secure place designated by the Superintendent.
4. The employee will keep possession of the key to the drug container until the
envelope can be given to the police. A signed receipt, including the time, date,
name, rank and badge number of the police officer, will be obtained.
Upon request, the Superintendent or designate will provide the police officer with
copies of all reports related to finding the contraband drug.
5. If the contraband drug is or is suspected of being a controlled or restricted drug or a
narcotic, the appropriate police authorities and the Regional Director will be notified.
6. If it can be clearly demonstrated that the contraband drug is not a controlled or
restricted drug or a narcotic, the drug will be disposed of under the direction of the
Superintendent. The disposal must be witnessed by a minimum of two employees,
who will make a written record of the disposal.
7. If the police inform the Superintendent or designate that they do not wish to
investigate or take possession of a contraband drug, the name, rank and badge
number of the police official giving the information will be recorded.
8. Internal discipline of an inmate for the possession of a contraband drug will only be
undertaken when there is compelling evidence to substantiate possession (see the
"Guidelines" text below).
9. If there is compelling evidence that an identified inmate(s) was in possession of the
contraband drug the inmate(s) will be placed on misconduct (see “Discipline and
Misconduct”).

GUIDELINES

The burden of proof with for possession rests with the crown in a criminal prosecution and
with Correctional Services in internal discipline. In order to substantiate possession,
compelling and reasonable evidence must exist to demonstrate that the possession is
consistent with the definition in the Criminal Code of Canada, which states that:
a) a person has anything in possession when he has it in his personal possession or
knowingly
i) has it in the actual possession or custody of another person, or
ii) has it in any place, whether or not that place belongs to or is occupied by him,
for the use or benefit of himself or of another person; and
b) when one of two or more persons, with the knowledge and consent of the rest, has
anything in his custody or possession, it shall be deemed to be in the custody and
possession of each and all of them.

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 Ministry of Community Safety Register of Contraband Drugs
& Correctional Services
Seizure and Disposal

Seizure

Date and Time Offender Name (Last, First, Middle) Client Identification No.
03-29-2018

Name of Employee Seizing (Print) Title of Employee Seizing

Area Found Description of Contraband Quantity/Weight

Disposal
Name of Official Authorizing Disposal (Print) Date and Time

Title of Official Authorizing Disposal (Print) Signature of Official Authorizing Disposal

Name of Employee Disposing (Print) Title of Employee Disposing (Print) Initial

Name of Witness to the Disposal (Print) Title of Witness to the Disposal (Print) Initial

Name of Police Officer Receiving Drug-If applicable Badge No. Division/Department Receipt No.
(Print)

CSD 800-020 (10/04)

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 INMATE MAIL

1. Policy

The Hamilton-Wentworth Detention Centre recognizes the significant contribution that correspondence between
inmates and members of the community makes toward the inmates and their reintegration into society. In order to
encourage correspondence, each inmate will be supplied with sufficient materials/resources to do so.

2. Procedure

2.1 Inmates are allowed to correspond with whomever they wish providing such correspondence does not
violate a Court Order or other legal restriction on the use of mail. Correspondence must not threaten the
safety of any person, the security of the Institution, the interest of the community and/or the inmate.

The Superintendent or designate may refuse to permit correspondence where the addressee, or the
parent or guardian of an addressee who is a minor (aged 17 or less), requests in writing that they receive
no further correspondence from an inmate. The Superintendent or designate will advise the inmate in
writing of the prohibition and the reasons.

2.2 Correspondence must contain any of the violations listed below:

2.2.1 Allegations of criminal activity

2.2.2 Allegations of serious misconduct including sexual impropriety;

2.2.3 Allegations under the OPS Workplace Discrimination and Harassment Prevention (WDHP) Policy;

2.2.4 allegations under the OPS Workplace Violence Prevention (WVP) Policy and the violence and harassment
provisions of the Occupational Health and Safety Act (OHSA);

2.2.5 Allegations under the Ontario Human Rights Code; and

2.2.6 Allegations under applicable OPS policy that requires formal investigation.

2.3 Inmates will be supplied with enough writing materials to complete two (2) letters a week. A letter will
consist of one (1) written page and one (1) envelope.

2.4 Inmates will be allowed access to additional writing materials through the canteen order procedure.
Inmates are permitted unlimited additional letters at their own cost.

2.5 Inmates are allowed to receive any number of letters a day, however may only retain six (6) in the cell at
any given time. Any correspondence in excess will be forwarded with a request to be placed in the
inmate’s property in Admitting and Discharge.

3. Outgoing General Correspondence

3.1 Outgoing general correspondence may be opened, examined for contraband, read, delayed or interrupted.
General correspondence shall not be sealed by the inmate prior to being placed in the available
mailboxes.

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3.2 Each evening, (normally after 23:00 hours) all inmate correspondence on each level will be collected by
staff. The mail will then be examined for content (security concerns, prohibited contacts, threats, etc.) and
logged in the outgoing log for each level. This process will be completed by at least two staff and both
Officers will sign the logbook.

3.3 Staff must be alert. Any message which indicates a threat of any nature to anyone, a complaint, possible
signs of depression, is detrimental to the best interest of the inmate or recipient, or could entail a threat to
the security of the Institution, will be forwarded to a Shift Coordinator/Sergeant for appropriate action.

3.4 When a letter is deemed not to be in an inmate’s best interest or in the interest of the recipient or poses a
threat to security, the Superintendent or designate shall either return the letter to the inmate or place it in
the inmate’s property and advise the inmate of the action taken.

3.5 Any correspondence written to a Ministry Official, Member of Parliament, Media, Ombudsman, will be
logged, processed and directed as outlined later in this section.

3.6 Staff will ensure that each letter has a postal code as part of the address.

4. Incoming General Correspondence

4.1 When incoming mail is received from the Post Office in the morning, it will be initially sorted by the
Receptionist in the Front Office who is required to wear Nitrile latex free gloves. The mail will be date
stamped to indicate the date and time received. The inmate mail will be placed in a sealable, transparent
container and the Shift Coordinator will be advised that the mail is ready for pick up.

4.2 The Shift Coordinator will assign 2 General Duty Officers (GDO’s) to the duty of “Inmate Mail/Sorting and
Distribution”. These Officers will pick up the container containing the mail.

4.3 The Front Office mail container will contain:

• one mail log book
• rubber bands
• one plastic envelope opener
• trust envelopes

4.4 The staff will pick up the Inmate Mail Hazard Kit in the Shift Coordinator’s office and check the contents
prior to commencing the mail logging. Staff will record the verification of these items in the mail logbook,
daily. The container will contain:
• one first aid kit
• one eye wash kit
• a hazardous waste bin
• one spill care kit
• clear plastic garbage bags
• 2 paper suits
• box of N95 masks
• box of Nitrile gloves
• a sealed plastic drop cloth
• occurrence reports
• request forms
• a package of zip lock bags (large size)
• plastic letter opener (x2)

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4.5 The mail will be sorted and logged in the room assigned by the Shift Coordinator, normally the
Professional Visiting Room behind Central Control. Each letter will be logged into the Institutional Mail
Logbook documenting the addressee and the addressor including the return address. Staff will determine
if any of the mail appears suspicious (see: How to Identify a Suspicious, Hate or Threatening Package or
Envelope list, below). If an item is determined to be ‘suspicious, hate or threatening’ the item will be sealed
in a zip lock bag, one item per bag. The officers will continue to log the remaining mail in the logbook.
Each piece of mail will have the inmate’s living unit marked on the envelope. All mail will then be sorted by
inmate living unit/floor and banded together. The officers will distribute the mail to the respective areas
upon completion.

4.6 All letters/items deemed not to be ‘suspicious’ will be and screened for security and contraband. opened
Officers are required to wear Nitrile latex free gloves when opening and handling the incoming mail to
ensure they are not exposed to possible contraband that may be enclosed. The postage stamps will be
removed at this time. The names of both officers completing the mail sorting and screening will be
recorded in the mail log.

4.7 Any monies will be recorded in the mail log and the entry will be signed and witnessed. The monies will be
brought to the Front Lobby and deposited to the inmate’s account as per inmate trust deposits policy. Any
money orders will be brought to the inmate for endorsement prior to deposit to the inmate’s trust account
(see Standing Order 09-09 section 4.3 and 4.4). This procedure will be completed by one of the Officers
logging the mail.

4.8 When enclosures of any kind are received in the mail, i.e., stamps, plastic cards, Polaroid photos, etc., the
items will be placed in the inmate’s personal property in Admitting and Discharge. Staff logging the mail
will complete a request to place the items in the inmate’s property. This will serve to inform the inmate of
the enclosures and their disposition.

4.9 Once the mail is received on the living unit, staff assigned to the area will read each piece of mail and then
distribute it to the appropriate inmate. Any suspicious, hate or threatening mail, institutional or otherwise,
found to be contained in the letter should be forwarded to the Security Manager with an occurrence report
indicating the specific concerns. Area staff will document the distribution of the mail in the area’s log book.

4.10 Where practical and dependent upon staffing levels incoming mail will be delivered within 24 hours.
Outgoing mail will be processed nightly and ready for pick up by Canada Post the next business day.

5. Suspicious, Hate and Threatening Mail

5.1 Hate Mail: Any mail that advocates or promotes genocide, communicates statements that incite hatred
that will likely lead to a breach of the peace, or wilfully promotes hatred against an identifiable group.

5.2 Hate Propaganda: Any writing, sign or visible representation (including graffiti and acts of vandalism) that:

advocates or promotes genocide (as defined in s. 318 (2) of the Criminal Code (CC));
the communication of which in a public place incites hatred against an identifiable group where such
incitement is likely to lead to a breach of the peace (s. 319 (1) CC); or
the communication of which, other than in private conversation, willfully promotes hatred against any
identifiable group (s. 319 (2) CC).

5.3 Mail: For the purposes of this policy, the term mail includes letters, envelopes, boxes, packages and other
containers and includes correspondence received directly, by mail, by courier, email, social network, text,
etc.

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5.4 Suspicious Mail: Any mail causing concern because of its appearance or labeling (e.g. no return
address).

5.5 Threat: A statement of an intention to inflict pain, injury, damage or other hostile action, including any
threat that is perceived as credible and causes employees or other persons to fear for their safety and
security, or the safety and security of another person.

5.6 Threatening Mail: Mail containing threats.

5.7 Justice Officials Protection and Investigations Section (JOPIS): Established as a result of a
partnership between the Ontario Provincial Police (OPP), the Ministry of Attorney General (MAG) and the
MCSCS to ensure the safety and protection of those responsible for the administration of justice. JOPIS
was established by the OPP to assist MAG, MCSCS and police services in the province in their
investigation of incidents of harassment, intimidation and threats towards justice officials and to provide a
coordinated response to the overall safety and security of our impacted employees.

Note: For Correctional Services, JOPIS primarily applies to employees appointed by the Public Service
Commission (PSC) (i.e., management and bargaining unit employees).

If any piece of mail has been placed in a zip lock plastic bag, the officers shall notify the Shift Coordinator for follow
up direction or action. The Correctional staff will report the disposition of the suspicious letter(s). The letters will
remain in the zip lock bag, secured in the Professional Visiting Room. Staff will retain the key to prevent anyone
else from being exposed to the hazard.

5.8 How to Identify a Suspicious Package or Envelope

Considerations when trying to determine if a package or envelope is suspicious:

• Excessive postage
• Poorly written or typed addresses, or improper/no return address
• Incorrect titles
• Title, but no name
• Restrictive markings such as: confidential, personal, to be opened by…
• Inappropriate Air Mail or Special Delivery stickers
• Unprofessional wrapping
• Oily stains, discoloration or odour
• Excessive weight
• Lopsided or uneven envelope
• Excessive material securing the package, such as masking tape, string, etc.
• Noise
• Threatening messages on the surface of the package or envelope
• Postmarks that do not match the return address

5.9 What to do with a Suspicious Opened Envelope or Package

• Do not try to clean up any spilled substance.

• Cover the spilled contents immediately with clothing, paper plastic bag, etc. Do not remove this
cover.
• Leave the room, close the door and secure the room retaining the key.
• Proceed to the nearest washroom equipped with shower facilities (front lobby, locker rooms)
informing Central Control staff that you have been contaminated.

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 • Central Control staff will inform the Shift Coordinator immediately.
• Remove contaminated clothing as soon as possible and place in a plastic bag or container that
can be sealed. Give this bag or container to emergency personnel for proper handling.
• Shower with soap and water as soon as possible. Do not use bleach or other disinfectant on your
skin.
• Dress and report back to the Shift Coordinator
• Follow instructions of Emergency Personnel
• Attend hospital, if necessary
• Write an occurrence report detailing the incident, listing ALL of the people who were in the room
when the suspicious package/letter was opened
• The Shift Coordinator will initiate the Emergency Response Procedure by call 911 and informing
dispatch of the emergency.

5.10 Identifying Hate Mail

• Hate mail is any mail that advocates or promotes genocide, communicates statements that incite
hatred that will likely lead to a breach of the peace, or wilfully promotes hatred against an identifiable
group.
• If employees are unsure whether the contents of mail received represent hate mail, or whether the
contents violate provincial legislation or represent a criminal offence, advice should be sought from a
manager.

5.11 Identifying Threatening Mail

• A threat is a statement of an intention to inflict pain, injury, damage or other hostile action, including
any threat that is perceived as credible and causes employees to fear for their safety and security, or
the safety and security of another person.
• If employees are unsure whether the contents of mail received represent a threat against a
Correctional Services employee, or whether the contents violate provincial legislation or represent a
criminal offence, advice should be sought from a manager.

6. Privileged Correspondence

6.1 Correspondence between inmates and the following persons is designated as privileged and shall not be
delayed, intercepted or censored in any way. Inmates may seal this mail prior to it being placed in the
unit’s mailbox.

6.2 Solicitors/Lawyers - Solicitor-client correspondence is any correspondence between a lawyer and a client
that deals with a previous, current or future legal matter. Inmates will seal this mail prior to placing it in the
mail collection box. Solicitor-client correspondence will not be opened, inspected for contraband or read
unless there are reasonable and probable grounds to believe that it contains contraband or material that is
not privileged as solicitor-client communication. In this situation, the correspondence will be opened in the
presence of the Superintendent or designate, a staff witness and the inmate.

6.3 Faxed Messages from Lawyers/Paralegals

Faxed messages addressed to inmates by their lawyer/licensed paralegal are only delivered where prior
arrangements have been made between the lawyer/licensed paralegal and the superintendent or
designate. Where a faxed message is received from a lawyer/licensed paralegal without prior
arrangement, the message is not delivered to the inmate. Inmates are not generally allowed to send faxed
messages and are directed to use the regular mail or inmate telephone system.

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 i. In the event that a faxed message from a lawyer/licensed paralegal requires an urgent response,
the superintendent or designate considers this when discussing the
arrangement with the lawyer/licensed paralegal.
ii. If it is determined that a faxed reply is necessary, the superintendent or designate makes
arrangements to transmit the reply.
iii. If requested by the lawyer/licensed paralegal, a copy of the reply is also sent by regular mail.

6.4 Ombudsman - The Office of the Ombudsman has supplied self-addressed confidential envelopes and
signs that advise the inmates on “how to write the Ombudsman”. The Ombudsman letter must be
accompanied by a completed request. Correspondence to and from the Ombudsman shall not be opened
by staff under any circumstance. Such incoming mail shall be forwarded to the inmate after logging without
being opened, read, intercepted or censored in any manner.

6.5 Correctional Investigator of Canada - The Correctional Investigator of Canada is mandated to respond to
inmate problems relating to confinement in penitentiary and/or community supervision by the Parole
Board. This mandate does not extend to Immigration detainees or any inmate serving a provincial
sentence. Incoming mail bearing the insignia of the Criminal Investigator of Canada shall be forwarded to
the inmate without delay after being logged. Correspondence to and from the Investigator shall not be
opened under any circumstance.

6.6 Information and Privacy Commissioner - Requests for information access to documentation under the
F.O.I. shall be processed through the established procedures. The Office of the Information and Privacy
Commissioner has supplied the Institution with self-addressed, confidential envelopes for appealing a
decision only. The request form must be used when requesting the Information and Privacy
Commissioner’s stationery. Correspondence to and from the Commissioner will be logged and forwarded
without being opened, censored, delayed or intercepted in any manner.

6.7 Ontario Human Rights Tribunal – The Ontario Human Rights Tribunal deals with claims of discrimination
filed under the Ontario Human Rights Code. Correspondence to and from the Ontario Human Rights
Tribunal is to be treated as privileged correspondence and is not to be opened, copied, delayed,
intercepted or censored in any way by staff. Such incoming mail shall be forwarded to the inmate after
logging without being opened.

6.8 Ontario Human Rights Legal Support Centre – The Ontario Human Rights Legal Centre offers
independent human rights support to individuals who believe their rights have been violated under the
Human Rights code. Staff at the Centre help claimants understand how the law applies to their situation
and assist them in completing new application forms before the Tribunal. Correspondence to and from the
Ontario Human Rights Legal Centre shall not be opened by staff under any circumstance. Such incoming
mail shall be forwarded to the inmate after logging without being opened, read, intercepted or censored in
any manner.

6.9 Federal/Provincial Member of Parliament - Incoming mail may be opened, read and inspected for
contraband. It will then be logged and forwarded to the inmate without deletion. Outgoing mail will be
inspected, read, then logged and forwarded to the designated Senior Staff member without delay or
deletion. Correspondence to the above will be forwarded postage free.

6.10 Ministry Officials - Incoming mail will be processed in the usual manner, however a second copy shall be
signed and dated by the inmate to acknowledge receipt of the letter, witnessed by staff and the copy
retained on the inmate’s file. Outgoing mail to Ministry staff at Corporate or Regional Office will be
forwarded to the Superintendent’s Office without delay after being logged.

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6.11 Ontario Parole Board/National Board of Parole - Incoming mail will be processed in the usual manner with
a copy attached to the inmate’s appropriate Warrant. If the inmate has been transferred, the
correspondence shall be forwarded without delay to the transfer Institution.

6.12 Office of the Independent Police Review Director – Correspondence addressed to and sent from the
OIPRD is privileged and will not be opened, copied, delayed, intercepted or censored in any way. Inmates
seal this mail prior to placing it in the facility’s mail collection box.

6.13 Senior Medical and Senior Nursing Consultants Correspondence between inmates and the Correctional
Services Senior Medical and Senior Nursing Consultants may contain personal information, it has been
determined that this correspondence is designated as privileged. All correspondence addressed to an
inmate from either the Senior Medical Consultant or the Senior Nursing Consultant is to be recorded and
delivered to the inmate unopened.

6.14 Client Conflict Resolution Unit - Correspondence to and from the Ministry's Client Conflict Resolution Unit
will not be opened, delayed or intercepted under any circumstance.

6.15 Member of Provincial Legislature and Member of House of Commons, Senate, or Federal Minister-
Postage must be paid for correspondence to a member of a Provincial Legislature

6.16 Correspondence with Consular/Embassy Officials See Vienna Convention on Consular Relations

6.17 Correspondence with Correctional Services Officials

a. When an inmate writes a letter to the Minister, Deputy Minister, Assistant Deputy Minister,
Regional Director or head office staff, the superintendent is advised of the contents. Inmates, prior
to placing in the mailbox, will not seal correspondence with ministry officials.
b. The superintendent records the pertinent information, forwards the letter to the addressee without
delay and investigates any concern(s) raised. Attempts are made to resolve the issue(s) to the
satisfaction of the inmate. The superintendent maintains a written record of the investigation and
attempts to resolve the issue(s) so that accurate information can be provided when requested.
c. In order to prepare a suitable response, Correctional Services official or designate will contact the
superintendent to determine the nature and status of the inmate's concern(s).
d. Two copies of the response to the inmate are forwarded to the superintendent of the institution
where the inmate is incarcerated. One copy is addressed to and is given to the inmate directly.
The second copy is signed and dated by the inmate to acknowledge receipt of the letter and is
retained in the inmate's file. This procedure applies only to responses to inmates who are currently
accommodated in facilities under the control of the Ministry of Correctional Services.
e. When an inmate/ex-inmate is no longer accommodated in a ministry facility, the response is
forwarded directly to the individual. No copies of the response are forwarded to any person other
than the Minister or a Correctional Services employee involved in the preparation of the
correspondence.
f. On occasion, a Regional Director, rather than preparing a written response to an inmate's
concerns, may request that the superintendent respond directly to the inmate on his/her behalf. In
these instances the superintendent must clearly advise the inmate that he/she is responding on
behalf of the Regional Director and that the Regional Director has provided the information
contained in the response. The Regional Director must follow this verbal communication with a
written response to be placed on the inmate's file

7. Parcels

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7.1 Parcels will not normally be accepted. When a parcel or an item for an inmate is received at the Institution,
the Superintendent or designate shall determine if the parcel will be retained. If the parcel is not accepted,
the inmate will be informed in writing of the decision and the action taken.

7.2 If the parcel is retained, it shall be opened in the presence of the Superintendent or designate and a staff
witness to determine if it contains dangerous, illegal or perishable items. The contents will then be
recorded on the inmate’s Personal Property Declaration Form. The inmate will be advised in writing of the
parcel’s contents on an ‘Incoming Message Form’. The Superintendent may give authorization for the
immediate use of the items by the inmate.

8. Subscriptions

8.1 Inmates may be allowed to subscribe to magazines, periodicals, journals and/or newspapers that are
considered appropriate and received directly from the publisher. Materials forwarded by third parties will
not be accepted.

8.2 Inmates must first receive permission from the Deputy Superintendent Operations prior to subscribing.

8.3 The Superintendent shall prohibit any publication which:

8.3.1 violates Federal or Provincial legislation governing publication.

8.3.2 contains reading or viewing material that portrays hatred, gratuitous violence, sexual explicitness,
excessive violence/aggression and which is likely to incite violence or other criminal acts.

8.3.3 contains detailed information on the fabrication of weapons or the commission of criminal acts that
would likely endanger the safety/security of the Institution or the safety of any person.

8.3.4 contains information that the Superintendent deems inappropriate from the standpoint of security
or the Institution’s programs.

8.3.5 depicts or describes procedures for brewing alcoholic beverages or manufacturing illegal drugs

8.3.6 glamorizes or condones substance abuse;

8.3.7 glamorizes self-injury or suicide

9. Newspaper Subscriptions

9.1 Newspaper subscriptions for inmates will not be paid from Inmate Trust Accounts. Inmates are
responsible, through a third party (family, friend, etc.), to register and pay for newspaper subscription(s).
Third party responsibilities include:

9.1.1 registering the subscription and ensuring the publisher includes the inmate's name on a label
affixed to the newspaper;
9.1.2 providing the publisher with the correct address of institution where the newspaper is to be
delivered;
9.1.3 paying for the subscription(s);
9.1.4 cancelling the subscription(s);
9.1.5 managing/claiming any credits/refunds; and
9.1.6 notifying the publisher of all address changes due to inmate transfer or discharge.

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9.2 An inmate who wishes to receive a newspaper while in custody must apply in writing to the Superintendent
indicating which newspaper he/she wishes to receive and the name and contact telephone number of the
third party. Once permission is granted, the inmate is responsible for both advising the third party that the
subscription has been approved and ensuring the third party is aware of the responsibilities.

9.3 An inmate who has been receiving an approved newspaper is responsible, when transferred, for advising
staff at the new institution that he/she was receiving an approved newspaper prior to transfer.

9.4 Institutions will not accept newspapers that have not been approved. (such as the Toronto Sun)

9.5 The Front Lobby night shift officer is responsible for the removal and disposal of the plastic delivery bag(s).
This officer will mark the living unit location on the labelled newspapers in preparation for day shift officers
to deliver. If the names are not printed on the newspapers, the Front Lobby officer will write the names on
the newspapers from the list provided by the issuing publisher.

9.6 Where the Superintendent prohibits/rejects any publications, the inmate will receive written notice and the
reasons for the decision.

10. Internal Mail

10.1 Internal mail between two inmates who are immediate family members may be authorized when:

10.1.1 Requests are initiated by both parties to correspond

10.1.2 Management staff approve of such mail when confirmation of the relationship can be made.
10.1.3 Security is not compromised.
10.1.4 These letters will be considered as part of the two letters per week at no cost.
10.1.5 Prepaid letters from inmate to inmate both housed at HWDC can be mailed as “Outgoing
Correspondence Policy”, section #3, above. The incoming mail will then be treated as
“Incoming General Correspondence”, section #4, above.
10.1.6 These letter will be logged and delivered adhering to the regular mail process.

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 07-06 1 of 2
Subject Date
INMATES JUNE 2012

APPROVED CELL CONTENTS

1. Policy

In an effort to minimize the amount of personal property or items that sometimes accumulate in inmate cells and to
make searching of inmate cells more expedient, the following is a list of approved cell contents.

2. Approved Contents for Normal Living Units

2.1 Health and Beauty Aids

2.1.1 One (1) only of any item on the approved Canteen Request Form listed under Health and
Beauty Aids with the exception of Hair Ties where two (2) are allowed.

2.2 Books/Magazines and Photographs

2.2.1 Magazines (maximum 6)
2.2.2 Internal/external newspapers (to be removed at unlocking due to fire hazard)
2.2.3 Paperback books (2 per inmate)
2.2.4 Photographs (maximum 6 - no Polaroids)
2.2.5 Religious text, Bible, Koran, etc. (1)
2.2.6 Puzzle Book (1)
2.2.7 Dictionary (1)
2.2.8 French/English Dictionary (1)

Note: Schoolwork texts and notebooks are to be placed in envelopes and identified by the Education
Department and can be kept in cells. The inmate must be approved for such items.

2.3 Games
2.3.1 Playing cards (2 decks)
2.3.2 Checker set (1)
2.3.3 Chess set (1)
2.3.4 Cribbage board (1)
2.3.5 Backgammon (1)
2.3.6 Dominos (1)

2.4 Stationery
2.4.1 Artist Pad (1)
2.4.2 Doodle pads (1)
2.4.3 Lined Paper – 100 pages (1)
2.4.4 Plain Paper – 100 pages (1)
2.4.5 Art Pencils (1)
2.4.6 Pencil – golf size (1)
2.4.7 Coloured Pencils 12’s – golf size (1)
2.4.8 Laurentian Coloured Pencils 12’s – golf size (1)
2.4.9 Pencil Cap Eraser (1)
2.4.10 Stamped Envelopes (maximum 8)
2.4.11 Greeting Cards (maximum 4)

2.5 Confectionary
2.5.1 Chip Items (7)
2.5.2 Froot Loops Cereal – contents to be removed from box prior to issue (5)
2.5.3 Pepperoni Stick (5)
2.5.4 Omega Protein Drink (5)
2.5.5 Chocolate Bars (5)
CSD 075-365 (11/04)

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 07-06 2 of 2
Subject Date
INMATES JUNE 2012

2.5.6 Candies (5)

2.5.7 Halls Cough Drops (5)
2.5.8 Snack Bars (10)
2.5.9 Cookies (5)
2.5.10 Rice Thins (3)
2.5.11 Ritz Bitz (3)
2.5.12 Rolaids (3)

2.6 Miscellaneous
2.6.1 Small eraser (1) to kept in brown course envelope. N.B. Due to security concerns, rulers,
calculators and related equipment are to be stored in an envelope marked with the inmate’s
name in the Staff Station drawer.
2.6.2 Styrofoam cup (1 only if approved by Medical for false teeth)
2.6.3 Creams/Ointments (3 cuplets issued by the Medical Department)
2.6.4 Tensor bandage (1 only if approved by Medical and only for a specified duration)
2.6.5 Toilet rolls (maximum 2 per cell)

2.7 Female Inmates

2.7.1 eyeliner (1)
2.7.2 mascara (1)
2.7.3 NYC lip product (1)
2.7.4 foundation (1)
2.7.5 lip liner (1)
2.7.6 emery boards (1 package of 7)
2.7.7 Tampax tampons (2 boxes of 10)
2.7.8 Always sanitary napkins (2 boxes of 18)
st
NOTE: The 1 floor Sergeant may allow more than the maximum number of tampons and sanitary
napkins per inmate, to be reviewed on a case by case basis

2.8 No more than two shaving cream or deodorant items will be allowed per inmate. This includes free
personal issue and/or canteen purchased items.

2.9 Free inmate personal hygiene products will be distributed and exchanged on a one-for-one basis.

2.10 Any excessive free products will be confiscated. Any excessive canteen purchase products will be placed
in the inmate’s personal property.

2.11 It should be noted that due to ongoing security concerns these items and allowable amounts may be
amended.

2.12 Staff should also be aware that during searches the security of staff, inmates and the Institution is the
primary importance, however, efforts must be made to ensure any excess to the proposed list removed
from cells is not destroyed or damaged due to the replacement costs involved.

2.13 Any excess non-perishable items will be placed in the inmate’s property in Admitting and Discharge after
proper documentation on the inmate’s Personal Property Declaration. Excess food products will be
disposed of.

CSD 075-365 (11/04)

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Ministry of Institutional Services
Community Safety Policy and Procedures Manual
and Correctional Services

Section: Release Date:

Inmate Management December 6, 2016
Sub Section:
General Inmate Management

Placement of Special Management Inmates

Attention: Direction with regard to the memorandum Segregation Review Action Required - ADM Directives
was issued by the Assistant Deputy Minister, Institutional Services on October 17, 2016. This memorandum
has been added to the Related Documents section within this policy. Updates to the Institutional Services
Policy and Procedures Manual are in development.

1.0 Purpose
This policy establishes guidelines for the placement of special management inmates and the provision of
specialized care.

2.0 Staff Affected

All Institutional Services staff involved in the care, custody and control of special management inmates.

3.0 Policy
3.1 The policy of Correctional Services is to ensure:

3.1.1 Decisions regarding housing special management inmates are based on an individualized
assessment of an inmate's needs and circumstances based on reliable information and
verified criteria, not assumptions or impressionistic views about the level of risk their being
housed with the general population may pose. The decisions will also be consistent with
the principle of managing inmates in the least intrusive or with the lowest level of security
possible, which fulfils Correctional Services' legislated mandate, provides for the needs of
inmates who require specialized care, and ensures both the safety of all persons and the
security of correctional institutions.

3.1.2 Acceptable living standards and humane treatment are always maintained, regardless of
the reason(s) or purpose for the inmate's placement.

3.1.3 Segregation will not be used for inmates with mental illness and/or intellectual disability
unless the Ministry can demonstrate and document that all other alternatives to
segregation have been considered and rejected because they would cause an undue
hardship (including for reasons related to health and safety concerns). Undue hardship
may be reached sooner in an emergency situation where there is a real and immediate
threat of serious harm or a security issue. If segregation is used as a temporary measure
to respond to an emergency situation, this placement should be reassessed and
alternatives explored as soon as possible after the immediate threat subsides.

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 3.1.4 All inmates including special management inmates are integrated into the general
population to the fullest extent possible (where safety and security can be maintained).
Where possible certain groups (e.g., sex offenders, inmates concerned about their safety,
inmates with mental illness, inmates with intellectual disabilities, etc.) are to be placed in
less restrictive areas taking into consideration other alternative placements (e.g., protective
custody, special needs unit, etc.). Access to programs, rights and privileges will be the
same, unless access would cause undue hardship.

3.1.5 Whenever possible and appropriate for non-disciplinary placement of inmates (e.g., inmate
has an intellectual disability or mental illness), protective custody and special needs units
should be used as alternatives to segregation and implemented short of undue hardship.
Placement decisions will consider the least possible interference with the inmate's personal
freedom.

3.2 Human Rights Principles

All inmates, including special management inmates must be housed and treated in a manner that
complies with the Ontario Human Rights Code (Code) obligation to provide services that are free
from discrimination and harassment based on race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status,
family status and disability. This means that:

3.2.1 Decisions about housing placements and access to services, benefits, privileges and
programs must be made on a case by case basis with full consideration given to the
inmate's individual needs and circumstances, including Code related factors that may
cause them to be adversely impacted by segregation or limitations on access to services
(e.g., mental illness, blindness, deafness, intellectual disability). Where mental illness is
involved, this should include consultation with a mental health provider. If a mental health
provider is not available in a timely manner, other clinical staff may be consulted. This
should not preclude further consultation with a mental health provider as soon as possible.

3.2.2 No inmate will be subjected to more frequent or prolonged periods in segregation or denied
access to services, benefits, privileges and programs because of assumptions, stereotypes
or reasons related to Code related factors (e.g., because they require an assistive device,
because of their gender identity or mental illness, etc.).

3.2.3 Where an inmate has Code related needs which may impact their ability to communicate,
understand and/or participate in mental health assessments, segregation placement and
review processes (e.g., language barrier, difficulty gathering or articulating thoughts due to
a mental illness, etc.), these needs will be accommodated short of undue hardship.
Possible accommodations may include support persons (e.g., mental health case worker,
social worker, etc.), sign language interpreters, translators, communication supports or
alternate formats. See Interpreter Services and MCSCS Accessibility.

a. If accommodations are required, it is to be documented on the Segregation

Decision/Review Form or Occurrence Report, if additional space is required.

b. Where accommodations are not provided, the reason that the accommodations
amount to undue hardship is to be documented.

3.2.4 Inmates will be housed within the general population, where possible. Where a relevant
Code related factor is present (see 3.2), alternatives to housing outside of the general
population must be considered and only rejected where it is determined that they would
amount to undue hardship. Where appropriate and necessary, the exploration of
alternatives should include consultation with a medical health provider and/or clinical staff.

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 3.2.5 Where an inmate would be adversely impacted by segregation due to a Code related factor
but there are health and safety risks associated with housing them in the general
population, all possible efforts must be made to minimize the risk prior to exploring
segregation.

3.2.6 Where an inmate is housed outside of the general population, any Code related needs will
continue to be accommodated short of undue hardship. Accommodations will be regularly
reviewed as part of the review process to ensure their adequacy.

3.2.7 When a mental illness is identified or suspected (see Institutional Response to Mental
Health Needs flow chart in 8.0 for screening process), decisions in respect to the
placement and management of the inmate (including risk assessment, alternatives and
integration strategies, accommodations) must be made in consultation with a physician or
psychiatrist (as appropriate). Where a physician or psychiatrist (as appropriate) is not
available in a timely manner, other mental health providers or clinical staff may be
consulted. This should not preclude further consultation with a physician or psychiatrist (as
appropriate) as soon as possible and in conjunction with a Care Plan and/or Treatment
Plan.

a. Where it is determined it is not possible to house the inmate in the general population
or in an alternative, less restrictive areas, without causing undue hardship, the
rationale for the placement (segregation placement) and details regarding the
alternatives considered and why they amount to undue hardship must be documented
on the Segregation Decision/Review Form or Occurrence Report, if additional space is
required. Steps taken to integrate the inmate and maximize their contact with other
inmates must also be documented.

b. Where an inmate is placed in segregation and there is a Code related factor present
which causes the inmate to be adversely impacted by this housing arrangement or by
access to a particular service, benefit, privilege or program, this factor must be
documented and reviewed as part of the 24 hour, 5 day and 30 day reviews. Any
changes to the inmate's Code related needs during this time period must also be
considered and documented. Any accommodations that an inmate was receiving will
be regularly reviewed and will not be disrupted by changes in housing.

4.0 Definitions
4.1 Administrative Segregation: The separation of an inmate (placement in segregation) from the
general population (including protective custody, special needs unit(s), etc.) where the continued
presence of the inmate in the general population would pose a threat to the health or safety of any
person, to property, or to the security or orderly operation of the institution. This is restricted to
inmates:

4.1.1 in need of protection;

4.1.2 who must be segregated to protect the security of the institution or the safety of other
inmates;

4.1.3 who are alleged to have committed a misconduct of a serious nature, or

4.1.4 who request to be placed in segregation.

4.2 Care Plan: A Care Plan is a written document that guides a consistent approach for inter-
professional team members on how to meet care goals and support needs. Care Plans are dynamic
documents and are updated as needs of an inmate evolve over time. Inter-professional team
members (e.g., correctional staff, program staff, mental health providers, native inmate liaison
officer, social workers, community outreach, etc.) work collaboratively to develop the Care Plan.
Included as part of the plan are:
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 4.2.1 management and care specific to the inmate;

4.2.2 strategies on managing behavioural issues (i.e., identification of triggers, de-escalation

techniques);

4.2.3 living unit options and progression (which unit the inmate will be placed or housed in);

4.2.4 interventions/ therapeutic options (e.g., access to worship room, arts/crafts, physical
activity, reading/writing, relaxation/meditation, sensory stimulus, supportive
conversation/engagement, etc.);

4.2.5 observed behaviour;

4.2.6 Human Rights Code needs (including accommodations and specific cultural considerations
(i.e., Aboriginal, religious, etc.));

4.2.7 programs and services;

4.2.8 dietary needs;

4.2.9 discharge planning/preparedness (linking to community services);

4.2.10 any security measures recommended to mitigate risk; and

4.2.11 frequency of review and update.

4.3 Clinical Staff: Includes nurses, physicians, psychiatrists, psychologists, social workers and any
other health professionals responsible for conducting clinical assessments.

4.4 Close Confinement: The separation of an inmate (placement in segregation) from the general
population (including protective custody, special needs unit(s), etc.) where it has been determined
as the result of a disciplinary proceeding that the inmate has committed a misconduct of a serious
nature.

4.5 Duty to Accommodate Short of Undue Hardship: Correctional Services has a legal obligation
under the Ontario Human Rights Code (Code) to accommodate inmates' Code related needs, short
of undue hardship (see 8.0 for undue hardship information).

4.5.1 This means providing accommodation that:

a. most respects the dignity and individual needs of the inmate; and

b. allows inmates to maximize their participation in services.

Note: Efforts will be made to anticipate barriers faced by individuals with Code related
needs and proactively address those needs.

4.5.2 Undue hardship is a legal test to describe the extent to which an organization must
accommodate these needs. When assessing limits to the duty to accommodate (i.e., how
far the organization should go to accommodate), the only factors that can be considered
are:

a. costs (including outside sources of funding); and/or

b. health and safety risks (includes inmate, staff, anyone else at the institution).

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 4.5.3 Undue hardship is a high standard and must be supported by real, direct and objective
evidence. The authority to decide that an accommodation cannot be provided because it
would result in undue hardship rests with the regional director or designate. The
superintendent or designate will contact the regional director or designate who will consult
with appropriate corporate supports (e.g., the Client Conflict Resolution Unit, Strategic
Projects Unit, Corporate Health Care, Legal Services Branch, etc.) as needed, if they
believe that accommodating an inmate's Human Rights Code related need could result in
undue hardship.

4.6 General Population: Refers to the group of inmates that do not require specific placement or
special housing location for treatment such as segregation (e.g., medical isolation), protective
custody, suicide watch or special needs units.

4.7 Inmate Submission: An inmate in segregation is afforded an opportunity to offer information either
in person or in writing to the superintendent or designate in response to being placed in segregation
(afforded an opportunity during the initial 5 day and every 30 day review, however inmate may make
a submission at any time while housed in segregation). It is an opportunity to tell the inmate's side of
the story, in response to the reasons given for segregation.

4.8 Inter -Professional T eam: The team is comprised of different professions and occupations with
varied and specialized knowledge, skills and methods. Inter-professional teams communicate and
work collaboratively, as colleagues to provide quality, individualized care. A team may be comprised
of mental health provider(s), clinical staff, correctional staff, program staff (classification officer,
rehabilitative officer, etc.), native inmate liaison officer(s), the inmate and any other relevant staff.

4.9 Medical Isolation: The isolation (segregation) of an inmate for health care purposes (e.g., to
prevent the spread of infection).

4.10 Mental Health Provider: Refers to individuals who provide mental health services and
assessments (see Institutional Response to Mental Health Needs flow chart in 8.0 for screening
process). Mental health providers are individuals who have specialized training in mental health
care. Examples include, psychologists, mental health nurses, psychiatrists, social workers, and
psychometrists (with mental health training psychometrists may also conduct assessments where
appropriate and with appropriate supervision).

4.11 Mental Illness: For the purposes of this policy, mental illness describes an individual who is
experiencing and displaying symptoms of alteration in mood, thought or behaviour resulting in
distress and/or some degree of impaired functioning. Mental illness in this context may be
accompanied by a diagnosis, but a diagnosis would not necessarily be required. Other professionals
may use other terminology such as mental disorder, mental disability or mental health issues which
can evolve over time.

4.12 Protective Custody: The separation of an inmate from the general population where the inmate
requests or requires protection from other inmates. These inmates are housed in a separate unit
from those inmates housed in general population.

4.13 Segregation: An area (for administrative segregation or close confinement housing, inmates are
confined to their cells, limited social interaction, supervised/restricted privileges and programs, etc.)
designated for the placement of inmates who are to be housed separate from the general population
(including protective custody, special needs unit(s), etc.).

4.14 Special Management Inmate: An inmate who requires special care services, including physical,
mental and social care (i.e., those whose behaviour or potential behaviour could be harmful to the
inmate or others which may require minimal contact with other inmates). Examples of special
management inmates are:

4.14.1 a suicide risk;

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 4.14.2 some health conditions, such as inmates with communicable disease, immune
compromised health status, or a history of serious substance use and/or exhibiting
symptoms of drug or alcohol withdrawal requiring close monitoring;

4.14.3 intellectual disabilities and mental illness where social and/or cognitive functioning
increases an inmate's vulnerability to threats from other inmates;

4.14.4 a disability or condition(s), which requires an assistive device (e.g., prosthetic, orthotic or
orthopedic, devices for inmates who are blind or partially sighted or hard of hearing and/or
deaf, etc.) which cannot be accommodated in general population short of undue hardship
(see Human Rights subsections 3.2.1 and 3.2.2);

4.14.5 a management or security risk (e.g., an inmate with a history of misconducts of a serious
nature or who otherwise presents a high risk to self or others);

4.14.6 an inmate requiring protective custody (e.g., known enemies in the institution, notorious or
heinous offence, a known informant, crown witness, etc.);

4.14.7 an inmate involved in the investigation of a criminal offence (e.g., inmate on inmate
assault, gang related activities, etc.);

4.14.8 an inmate involved in an alleged misconduct of a serious nature;

4.14.9 an inmate who has committed a misconduct of a serious nature; and

4.14.10 any other observation or concern that may require a special management strategy (e.g.,
Admission, Classification and Placement of Trans Inmates).

4.15 Special Needs: Service provision and programming for special needs inmates is based on their
current need(s) and not solely on meeting the definition criteria. Wherever possible, these inmates
should be integrated into the general population. An assessment of an inmate as having special
needs should include consultation with mental health providers and/or clinical staff (as appropriate).
An inmate with a special need meets one or more of the following criteria:

4.15.1 presentation of a severe and/or persistent mental illness (e.g., schizophrenia, affected
disorder, organic brain syndrome, borderline personality disorder, dementia, etc.);

4.15.2 an intellectual disability; and/or

4.15.3 a significant physical disability (e.g., restricted mobility, deaf, blind, etc.).

4.16 Special Needs Unit: By design, the dedicated or allocated physical location of a Special Needs
Unit(s) used to assess, stabilize, treat and house special needs inmates considers the:

4.16.1 safety and security of the inmate;

4.16.2 protection of the inmate's mental and physical wellbeing;

4.16.3 ability of the inmate to function within the general population;

4.16.4 ability to execute and carry out individualized inmate plans (e.g., Treatment Plan, Care
Plan for inmates with mental illness, etc.); and

4.16.5 access and availability of services, programs and focused resources to address unique or
complex needs of special needs inmates (e.g., trained specific staff, enhanced clinical staff
support and/or mental health provider support if inmate has a mental illness, etc.).

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 4.17 Treatment Plan: The Treatment Plan is a written document which outlines the medical strategies
and treatment goals for a patient. A psychiatrist (or physician) and other mental health provider(s)
will work collaboratively with other clinical staff to develop a Treatment Plan for those inmates with a
mental illness, to provide mental health services that are specific to the inmate on an ongoing basis.

5.0 Responsibilities
5.1 The regional directors or designates ensure that:

5.1.1 they consult with the Strategic Projects Unit (SPU), Client Conflict Resolution Unit (CCRU),
Corporate Health Care and Legal Services Branch (LSB) if they believe that
accommodating an inmate's Code related need could result in undue hardship;

5.1.2 where an inmate has been in segregation for 30 continuous days (including if released on
the 30th day), a 30 day segregation review is conducted and the decisions documented
(on the Segregation Decision/Review Form) and conveyed to the superintendent for action
if required (see 6.6.4 b);

5.1.3 where an inmate has been in segregation for 30 continuous days (including if released on
the 30th day), a Regional 30 Day Segregation Report is completed and forwarded to the
ADM IS (to be reported to the Deputy Minister); and

5.1.4 where an inmate has been in segregation for 60 aggregate days in one year (from the date
inmate was first admitted to segregation), the ADM IS is notified and then again every
subsequent 30 aggregate days thereafter (inmate housed in segregation). Notification will
indicate if a mental illness or another Code related factor is present.

5.2 The superintendent or designate ensures that:

5.2.1 staff are compliant with this policy;

5.2.2 staff are aware of and meet the duty to accommodate an inmate's Code related needs (see
3.2);

5.2.3 they consult with the regional director or designate if they believe that accommodating an
inmate's Code related need could result in undue hardship;

5.2.4 Standing Orders include designation of staff that are permitted to investigate, adjudicate
and conduct reviews (e.g., operating manager, deputy superintendent etc., who were not
directly involved as witnesses or victims in any particular misconduct matter);

5.2.5 Standing Orders include designation of staff that are to be part of the inter-professional
teams and leads for Care Plans;

5.2.6 segregation reviews (e.g., 24 hour, 5 day and 30 day reviews) are conducted and the
Segregation Decision/Review Forms are completed for each review phase;

5.2.7 all inmates placed in segregation are proactively offered access to the Inmate Information
Guide and provided with a version of the Segregation Handout information sheet in a
format they can understand/access (i.e., this may require Code accommodation) which will
be documented on the Segregation Decision/Review Form;

5.2.8 all inmate placement decisions involving inmates with disabilities (including mental illness)
related to medical isolation are done in consultation with clinical staff and/or mental health
provider;

5.3 The operating manager ensures that:

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 5.3.1 required documentation is completed and submitted (e.g., Inmate Incident Report (IIR) if
required, Occurrence Reports, Use of Force (UoF) Occurrence Reports where appropriate,
Misconduct Reports, Segregation Decision/Review Forms, etc.);

5.3.2 a comprehensive compatibility assessment is completed whenever more than one inmate
occupies a segregation cell;

5.3.3 segregation reviews are conducted as per policy; and

5.3.4 alternative placement options and management strategies (including measures to

maximize integration and full participation) have been explored prior to placing an inmate
outside of the general population (particularly where Code related factors are present, see
Human Rights subsection 3.2.4). In addition, the alternatives considered and the reasons
for rejecting them (because of undue hardship) will be documented.

5.4 The correctional staff ensures that:

5.4.1 they complete and submit the required documentation (e.g., Occurrence Report,
Misconduct Report, Observation Report Form, etc.);

5.4.2 log books and duty notebooks are completed reflecting information that can be used by an
inter-professional team;

5.4.3 they consult with a manager regarding alternative placement options and other strategies
(including measures to maximize integration and full participation) before placing an inmate
in any other area that is not general population (particularly where Code related factors are
present, see Human Rights Principles section); and

5.4.5 where a Care Plan exists, they review it during each shift.

6.0 Procedures
This policy is read in conjunction with the text in the Institutional Services Policy and Procedures Manual
entitled Suicide Prevention, Use of Force (UoF), Discipline and Misconduct, Report Writing and any other
applicable policy.

Important information regarding special management inmates may be contained in correctional files (e.g.,
inmate files, Offender Tracking Information System (OTIS), logbooks, duty notebooks, classification
records, medical files, Misconduct Reports, etc.), or obtained from police, probation officers, court records,
professional personnel, relatives, friends, other inmates, and the observations of employees and the
inmate. Health privacy legislation (Freedom of Information and Protection of Privacy Act and Personal
Health Information Protection Act) provides parameters around who can access health information and in
what circumstances. Inmates must be advised of any limitations or restrictions that may apply for access to
programs, services and entitlements (subject to Code related needs, see Human Rights Principles section)
when placed in the areas below (see 6.2). For inmates who require Code related accommodations in order
to understand this information see Human Rights subsection 3.2.3.

6.1 As far as practicable, inmates housed in the areas identified in 6.2 will be provided the same
conditions of confinement, rights and privileges as inmates in general population (subject to Code
related needs, see Human Rights Principles section). These include, but are not limited to:

6.1.1 accommodations for Human Rights Code related needs;

6.1.2 administrative and health care services;

6.1.3 access to mental health provider and mental health care services for those with mental
illness;

6.1.4 visiting and correspondence;

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 6.1.5 access to telephone services;

6.1.6 amounts of personal property;

6.1.7 clothing and bedding. For safety or security reasons, protective clothing and bedding may
be substituted;

6.1.8 personal hygiene facilities, including opportunities to shave and shower (i.e., a minimum of
twice per week where access to shower facilities is extremely limited). For safety or
security reasons, in consultation with health care (if applicable), a retrievable kit may be
issued when:

a. the use of hygiene products may require direct supervision; or

b. other restrictions if safety or security concerns exist.

6.1.9 regular meal service. Where appropriate, disposable utensils may be used;

6.1.10 canteen privileges;

6.1.11 access to institutional library materials;

6.1.12 access to legal materials and legal services;

6.1.13 fresh air (the duration of fresh air offered to inmates in segregation units will not be less
than 20 minutes each day);

6.1.14 institutional programs or, where access is necessarily restricted, visits by program staff on
completion of an Inmate Request Form (subject to Human Rights subsection 3.2.3); and

6.1.15 access to television and to wireless headphones, if feasible, to be determined by the

superintendent or designate. If approved, procedures for recording, issuing and collecting
of the wireless headphones are to be included in the Standing Orders.

6.2 Based on a comprehensive review of each individual case, special management inmates may be
housed in one of the following areas:

6.2.1 Protective Custody

a. The authority to place an inmate in protective custody resides with the superintendent
or designate.

b. There must be a definite risk to the safety of the inmate prior to placing an inmate in
protective custody. A review must be conducted to confirm that the inmate has
protective needs and that the risks cannot be mitigated (e.g., with increased
supervision, with firm administrative action and vigilant and resourceful staff). Each
case must be considered individually on its own merits (where Code related factors are
present see Human Rights subsections 3.2.1 and 3.2.3). Where applicable, the
following factors are considered:

i. documented file evidence of incompatibility;

ii. information from external sources that an inmate's safety may be in jeopardy;

iii. a notorious or high profile offence that is known to other inmates or has been
reported in the media;

iv. inmate's own request;

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 v. non-communication order or non-association order (e.g., accused or witness,
etc.);

vi. likelihood that other inmates are aware of, or may become aware of a particular
inmate's circumstances (e.g., previous convictions, past protective custody
placement, etc.);

vii. past placement during previous period(s) of incarceration;

viii. length of time since last period of incarceration;

ix. location of institution of previous protective custody placement;

x. staff observations or reports of threats, harassment or intimidation;

xi. reports by other inmates, spiritual care provider, family members, etc., that the
inmate is being or has been threatened, harassed or assaulted;

xii. willingness of the inmate to identify aggressors;

xiii. a characteristic, condition or a disability that may render an inmate vulnerable or

place the inmate at risk (e.g., mental illness or intellectual disability, gender
identity, etc.), (see Human Rights subsection 3.2.4);

xiv. history of being assaulted or victimized by other inmates;

xv. staff familiarity with the inmate;

xvi. the inmate is employed in the criminal justice system or is a known informant or
witness; and

xvii. other information that may contribute to a fair determination of the case.

c. A goal of the institution's protective custody program is to return protective custody

inmates to the general population wherever possible. Protective custody should only
be used as a last resort and if all alternative management strategies and interventions
have been explored. This is particularly important where Code related factors are
present (see Human Rights subsections 3.2.1, 3.2.3 and 3.2.4). Where mental illness
is present, therapeutic alternatives must be considered in consultation with a mental
health provider(s). Possible alternative management strategies may include:

i. For aggressors:

segregation or transfer of aggressors to other units or institutions;

use of the inmate discipline process;
program reassignment;
lock down of the unit to identify and deal with aggressors; and
institutional programs emphasizing positive interpersonal relations,
communication skills and social awareness (e.g., counselling).

ii. For potential protective custody inmates:

counselling to improve peer relations;

maintenance of the inmate's general population status by assignment to
another living unit;
transfer to the general population in another institution;
temporary living unit reassignment, program reassignment or segregation
until the risk has passed; and
conflict resolution involving protective custody candidates, peers and
aggressors.

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 d. A review of the inmate's protective needs, including any information received by the
inmate (subject to Human Rights subsection 3.2.3) along with an explanation of the
alternatives and management strategies (to maximize integration with general
population) considered and the reasons for rejecting them must be documented on the
Protective Custody Decision/Review Form and/or on an Occurrence Report if
additional space is required. Where Code related needs are concerned, the
alternatives and the management strategies must only be rejected if it is determined
that they cannot be implemented short of undue hardship.

e. Pending the outcome of an inmate review, it may be necessary to place the inmate in
segregation or in another neutral location where the inmate is protected (e.g., a
different cell or living unit, a special needs unit or an area designated for the purpose
of protective custody). This placement should be reassessed and alternatives
implemented as soon as the review is complete.

f. When an inmate is placed in protective custody, the superintendent or designate, will

explain to the inmate that some benefits, privileges and programs provided to general
population inmates may not be available due to available resources or where access
would undermine the reason for placement in protective custody. However, any
accommodation already being provided will not be disrupted (also see 6.1.1 to 6.1.12
and 6.1.15 and Human Rights subsection 3.2.6).

g. If an inmate requests to be removed from protective custody and returned to the

general population, a Release from Protective Custody Form is completed to reflect
the inmate's decision. When completing the form, it is imperative that the
superintendent or designate clearly explain the potential consequences of the request
to the inmate. For inmates who require assistance in order to understand this
information and the placement process see Human Rights subsection 3.2.3.

h. If the inmate is in protective custody on an involuntary basis for their own protection,
the superintendent or designate will review the full circumstances of the case, provide
the inmate an opportunity to speak to staff about their circumstances and record the
information on the reverse of the Protective Custody Decision/Review Form. For
inmates who require assistance in order to understand this information and the
placement process see Human Rights subsection 3.2.3.

6.2.2 Special Needs Units

a. When making special needs unit determinations each case is considered individually
on its own merits (subject to Human Rights subsection 3.2.1, 3.2.3 and 3.2.4) based
on consultations with clinical staff and/or mental health providers (as appropriate).

b. Clothing and bedding must never be withheld from an inmate in a special needs unit
except under the direction of clinical staff for medical reasons, mental health provider
for psychiatric reasons or under the direction of the superintendent or designate for
safety reasons (e.g., attempting self harm, destruction of property, where risk cannot
be mitigated and undue hardship has been determined, see Human Rights subsection
3.2.3, 3.2.4 and also see Suicide Prevention policy). If a special management inmate
who requires specialized care is destroying property or exhibiting other seriously
negative behaviour, clinical staff (or mental health provider if inmate has a mental
illness) will be consulted with respect to options for treatment management and
assessment of existence and /or appropriateness of Code related accommodations in
place.

c. Every attempt will be made to transfer special management inmates who require
special needs to other institutions as soon as it is practical to do so when:

i. a correctional institution is temporarily unable to have a special needs unit (e.g.,

during times of high inmate
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counts or because of a construction project);
 ii. the facility does not have a special needs unit; or

iii. another correctional institution can offer the inmate better quality of life (e.g.,
access to programs, services, etc.).

d. If an institution does not have the capacity or no other reasonable alternative for a
special needs inmate than using a segregation area, a review of the inmate's needs is
required and a Care Plan or Treatment Plan (for inmates with a mental illness) is
required by a mental health provider in consultation with the inter-professional team
members. In these instances (temporary and prolonged use), decisions must be
clearly documented as to why this location is being used in absence of a special needs
unit and indicate measures taken to promote integration, accommodate the inmate's
needs and provide them with access to the same rights and privileges afforded the
general population (to the degree possible subject to the Human Rights Principles
section).

6.2.3 Administrative Segregation

If segregation is the only viable option, efforts to integrate the inmate into the general
population as much as possible (including access to a day room, programming, etc.) must
be implemented short of undue hardship.

All inmates placed in segregation are proactively offered access to the Inmate Information
Guide and provided with a version of the Segregation Handout information sheet in a
format they can understand/access (i.e., this may require Code accommodation) which will
be documented on the Segregation Decision/Review Form.

a. When making segregation determinations each case is considered individually on its

own merits (subject to Human Rights subsection 3.2.1, 3.2.3 and 3.2.4). Factors to be
considered see 6.2.1 b, i to xvii.

b. An inmate will only be placed in administrative segregation when (see reasons listed in
4.1.1 to 4.1.4).

c. When an inmate with mental illness is placed in segregation (see Institutional

Response to Mental Health Needs flow chart in 8.0):

i. a physician will conduct a baseline assessment (as soon as possible) to evaluate

treatment and care requirements and to determine what, if any, changes are
required to the inmate's existing Treatment Plan and/or Care Plan (in
consultation with mental health providers and other clinical staff and inter-
professional team).

ii. the psychiatrist will conduct a baseline assessment for inmate's with mental
illness when referred by the physician, to evaluate treatment requirements and to
determine what, if any, changes are required to the inmate's existing Treatment
Plan with the assistance of other mental health provider(s) and/or clinical staff.

iii. a mental health provider will review an inmate with mental illness at a minimum
every 24 hours. When a mental health provider is not available, another clinical
staff may review the inmate and will follow up with a mental health provider as
soon as possible.

iv. further to the minimum review of every 24 hours, for inmates with a mental
illness, a physician or psychiatrist (as appropriate) will assess the inmate's
mental illness with the assistance of other mental health providers and/or clinical
staff (inter-professional team if appropriate), prior to each 5 day segregation
review to determine if any changes are required to the inmate's Treatment Plan
and/or Care Plan. 215
 v. clinical information will be documented in the Health Care file and the Treatment
Plan. Operational recommendations (e.g., triggers, therapeutic alternatives, de-
escalation techniques, etc.) will be documented in the Care Plan and shared with
front line staff. Identified members of the inter-professional team will assist in
creation/updating of the inmate's Care Plan on an on-going basis.

vi. inmates in segregation may also have other Code related needs (e.g.,
pregnancy, etc.) which may require special monitoring or accommodations.

vii. the care process (assessments/reviews) for placing inmates with mental illness
in segregation including responsible staff list is to be placed in Standing Orders.
Medical care in Ontario correctional facilities requires the consent of an inmate.

d. An inmate on suicide watch or exhibiting self harming behaviour must not be placed in
the same segregation cell with another inmate (see Suicide Prevention) under any
circumstances.

6.2.4 Close Confinement

See 6.2.3

a. If the superintendent or designate determines that the inmate has committed a serious
misconduct, the inmate may be placed in segregation on close confinement (subject to
Human Rights Principles section).

b. When an inmate with mental illness is placed in segregation on close confinement, the
inmate will be assessed by a physician or psychiatrist (as appropriate, see 6.2.3 c, i to
vii).

c. Inmates placed on close confinement will be afforded the same conditions of

confinement, rights and privileges as inmates in general population (see 6.1).
However, the following discretionary exceptions may apply (consider Code factors
prior to implementing):

i. telephone privileges may be restricted to calls to a lawyer or other person acting

in an official capacity on behalf of the inmate in a legal proceeding;

ii. the inmate's bedding may be removed for a reasonable period of time each day
but not during regular inmate sleeping hours;

iii. with the exception of personal hygiene items, excessive personal property will
normally be placed in safekeeping;

iv. canteen privileges may be suspended when imposed as part of the misconduct
disposition;

v. access to reading materials may be restricted to legal materials or other items

which are designed to assist in the inmate's rehabilitation and normal functioning;
and

vi. the duration of fresh air offered to inmates in close confinement may be restricted
to not less than 20 minutes each day.

6.2.5 Medical Isolation

a. Clinical staff can request that an inmate to be placed in medical isolation for the
purpose of treatment to protect the health and safety of the inmate or to prevent the
spread of disease.
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 b. The superintendent or designate, in consultation with clinical staff, will continue to be
responsible for decisions regarding the use of segregation cells (i.e., administrative
segregation) to isolate inmates for medical reasons.

c. Inmates who have been placed in segregation for medical purposes may only be
placed in a cell with another inmate if approved by clinical staff and if there are no
security related compatibility concerns.

6.3 Health Care Assessment of Segregated Inmates

6.3.1 Whenever possible, clinical staff will perform assessment both before an inmate is
admitted to segregation and upon the release of the inmate from segregation. Upon review,
clinical staff (mental health provider for inmates with mental illness) can recommend other
therapeutic alternatives (e.g., access to quiet room, access to worship room, arts/crafts,
physical activity, reading/writing, relaxation/meditation, sensory stimulus, supportive
conversation/engagement, etc.) for consideration as alternatives to segregation or as
mitigation strategies.

6.3.2 In situations where the inmate poses an immediate threat to the security or safety of the
institution and needs to be removed prior to being seen by clinical staff, the health care
assessment is conducted as soon as possible after the inmate has been admitted to
segregation.

6.3.3 In situations where clinical staff are unavailable, the assessment is conducted as soon as
possible after the inmate has been placed into segregation (see 6.3.6).

6.3.4 Monitoring by a mental health provider is required when an inmate is placed in segregation
and has or is suspected to have a mental illness (see 6.2.3 c, i to vii), intellectual disability
or other Code related need (if required).

6.3.5 When force is necessary to bring a rebellious or disturbed inmate under control while being
placed in segregation or while in segregation, the operating manager will ensure that
clinical staff are immediately notified and an Accident/Injury Report is initiated (see Use of
Force).

6.3.6 If clinical staff are not immediately available and it appears that the inmate has sustained
an injury warranting medical attention the inmate will be taken to a community hospital. If it
can reasonably be determined that an injury does not require immediate medical attention,
an Accident/Injury Report is completed (see Report Writing) and the inmate will be
assessed by clinical staff as soon as possible.

6.4 Placing Segregated Inmates T ogether

6.4.1 Placement of two inmates in the same segregation cell will only be considered as a last
resort when no alternative placement is available (unless this is to promote integration and
minimize isolation). The operating manager will conduct a comprehensive compatibility
assessment before inmates in segregation are placed in the same cell.

6.4.2 If a shortage of segregation cells necessitates placing inmates together:

a. the inmates must first be assessed for compatibility;

b. the inmates must be strictly monitored in accordance with the text below (see 6.5);

c. inmates with mental illness are not to be placed in a segregation cell with another
inmate unless recommended by a mental health provider and approved by the
superintendent or designate. If so, rationale will be clearly documented in the
Segregation Decision/Review Form; and
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 d. the inmates must be separated as soon as suitable alternative placement becomes
available.

6.4.3 When inmates in segregation are housed together the Segregation Compatibility
Assessment Form (Institution Templates - Operations - Segregation Compatibility
Assessment Form) must be completed.

6.4.4 Compatibility Assessment

a. The compatibility assessment and documentation will be particularly thorough and

observation of the inmates will be conducted at a minimum every 20 minutes.

b. The compatibility assessment is done by the operating manager who:

i. completes the Segregation Compatibility Assessment Form and places a copy

on each inmate's file;

ii. consults with correctional staff currently supervising the inmates;

iii. consults with where practicable and where available, the clinical staff when
determining inmate compatibility;

iv. consults with, where practicable and where available, the classification staff,
social worker(s), spiritual care provider(s), other clinical staff and/or mental
health provider, etc., when determining inmate compatibility; and

v. will interview the inmate separately to identify if there are factors or issues that
might preclude placing them together (e.g., a previous dispute in the institution or
community, or a dispute between friends or associates).

Note: No inmate will be housed with another inmate in segregation or in medical

isolation while under the influence of alcohol or a non-prescribed drug.

c. A full review of each inmate's institutional and OTIS file will be conducted paying
particular attention to:

i. the OTIS screens for Alerts, Gangs and Non Association;

ii. the most recent LSI-OR, Classification documentation;

iii. the inmate's legal status (e.g., sentenced, on remand, federal inmate,
immigration hold, etc.);

iv. the inmate's criminal and correctional history (i.e., previous pattern of assault,
predatory behaviour or victimization, particularly while incarcerated);

v. particulars of the current offences(s);

vi. the presentence report (if available); and

vii. other factors and information that are relevant to the individual compatibility (e.g.,
gender identity, psychiatric history, presence of mental illness, language, etc.).

6.5 Monitoring Segregation and Special Needs Units

6.5.1 This text should be read in conjunction with Video Monitoring of Segregation and Close
Confinement Cells, and Suicide Prevention.

6.5.2 In addition to the supervision by unit officers, senior administration, on a regular basis must
also conduct monitoring/checks of segregation and special needs units.
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 a. These monitoring/checks enable senior officials to observe and evaluate conditions of
confinement and discuss individual problems with confined inmates.

b. A member of the senior administration will visit inmates in these units at least once in
every three day period.

6.5.3 The operating manager and clinical staff (i.e., nurse) and/or mental health provider will visit
the inmate daily, and by program staff upon completion of a written request by the inmate.

6.5.4 The officer on duty maintains a permanent log record of the unit. The record includes:

a. all admissions and releases, including the cell number, date, time, reasons and
authorizing official;

b. all activities and visitors;

c. all patrols of the unit;

d. observations of unusual or inappropriate behaviour will be:

i. brought to the attention of the appropriate personnel;

ii. include any actions taken; and

iii. documentation submitted (e.g., Occurrence Report to operating manager).

e. any other information (e.g., inmate comments) or observations that may be helpful to
senior officials or officers on future shifts (also see Institution Logs).

6.5.5 In addition, a separate and individualized record (see Report Writing - 6.5 Observation
Forms) must be maintained for each inmate in segregation, or similar cell (e.g., medical
isolation).

a. Staff are to look into each cell and record the inmate's behaviour each time the area is
checked, detailing what the inmate is doing on the Observation Report Form
(Institution Templates - Operations - Dual - Observation Report).

b. The record (i.e., Observation Report Form) is placed on or in very close proximity to
the cell entrance and covered to prevent unauthorized persons from reading the
entries.

c. Segregation areas and areas containing inmates who require specialized care will be
patrolled at least 3 times each hour at intervals no more than 20 minutes apart (see
Occupied and Unoccupied Areas).

d. Patrols may be conducted more frequently if directed by the superintendent or

designate (see Occupied and Unoccupied Areas and Suicide Prevention).

6.6 Reviews of Inmates in Segregation

(or other area designated as an extension of segregation)

The review process is to ensure not only the wellbeing of the inmate, but also procedural fairness. It
should encourage ongoing communication (i.e., verbal or written) with the inmate while in
segregation. The inmate will be provided with the reasons for segregation. The inmate must know
the case to meet to be released from segregation and be given opportunities to respond. These
opportunities ensure that the inmate's side of the story is heard. The inmate's response is
acknowledged by providing a follow up response that includes reasons for continued segregation, if
that is the case. Some inmates may require assistance communicating, understanding and/or
participating in the review process because of a Code related need, see Human Rights subsection
3.2.3. See sections below for details on the219
segregation decision and review process.
6.6.1 Initial Placement

When an inmate is placed in segregation, a Segregation Decision/Review Form is initiated

by the superintendent or designate.

a. The details of the segregation placement are documented on the Segregation

Decision/Review Form.

b. Examples of details include but are not limited to:

i. any Code related factors (e.g., mental illness, etc.) which may cause the inmate
to be adversely impacted by segregation or which may require accommodation
(review of Care Plan updated by mental health provider in consultation with
clinical staff/inter-professional team);

ii. other alternative placements considered at the time of the segregation placement
and reasons for rejecting them to the point of undue hardship; and

iii. reasons for segregation.

6.6.2 24 Hour Review

a. The superintendent or designate will conduct a preliminary review within 24 hours of

an inmate being placed in segregation.

b. The inmate must be advised by the superintendent or designate of the reasons and
duration of the segregation and of any changes in these conditions. For inmates who
require assistance to understand this information and/or the process, see Human
Rights subsection 3.2.3.

c. Other alternative placements considered at the time of the review (to consider
alternative placements, including information about alternatives tried or which were
rejected by the inmate), and reasons for rejecting them to the point of undue hardship
(where relevant Code related factors are present).

d. The inmate is also advised of the right to make a submission to the superintendent or
designate in writing or in person (accommodation may be required for Code related
needs e.g., support worker, which may include a mental health case worker, etc.).

e. The inmate's decision to make a submission is documented on the Segregation

Decision/Review Form.

f. If an inmate indicates they wish to make a submission in person, the interview must
take place within five days of the inmate being placed in segregation and documented
on the Segregation Decision/Review Form or on an Occurrence Report if additional
space is required.

g. Mental health provider assessments/Care Plans are to be reviewed (see 6.2.3 c, i to

vii).

6.6.3 5 Day Reviews

a. The superintendent or designate will, within five days, review the full circumstances of
the case, including any submission by the inmate, to determine whether the inmate's
continued segregation is warranted.

b. Prior to the initial 5 day review report being completed, the inmate is provided an
opportunity to make a written submission or in person submission. Every subsequent 5
220
 day review should include inmate in person comments and/or additional written
submissions (if the inmate has provided/or has requested to provide a further
submission). Some inmates may require assistance (e.g., from a support worker,
which may include a mental health case worker, etc.) preparing a submission because
of a Code related need (see Human Rights subsection 3.2.3).

i. If it is a written submission, it is to be attached to the Segregation

Decision/Review Form.

ii. If it is an in person submission, include a summary of the inmate's comments in

the Segregation Decision/Review Form inmate comment section and on an
Occurrence Report if additional space is required.

iii. An inmate can make a submission at any time throughout the time in
segregation, either in person or in writing, if the inmate indicates the intention to
do so (see 4.7).

c. Decisions to place or keep inmates in segregation will always be made on a case by

case basis after a careful examination of the specific circumstances and any Code
related factors which may apply (see Human Rights Principles section).

d. Decisions to place or keep inmates in segregation will consider whether a Treatment

Plan and /or Care Plan is in place that may assist the inmate in leaving segregation
(mental health provider and /or clinical staff assessment/Care Plan to be reviewed see
6.2.3 c, i to vii).

e. The superintendent or designate must review the circumstances of each inmate in

segregation at least once every five days to determine if the continued placement is
warranted.

f. The details of the 5 day reviews are documented on the Segregation Decision/Review
Form in superintendent or designate comment section and on an Occurrence Report if
additional space is required. Examples of details include but are not limited to:

i. any Code related factors which may cause the inmate to be adversely impacted
by segregation or which may require accommodation (review of Care Plan
updated by mental health provider in consultation with clinical
staff/inter-professional team);

ii. other alternative placements considered at the time of the review (to consider
alternative placements at every review including information about alternatives
tried or which were rejected by the inmate), and reasons for rejecting them to the
point of undue hardship (where relevant Code related factors are present);

iii. any new reasons for segregation;

iv. any inmate submissions;

v. steps taken to minimize the negative effects of segregation and to maximize

integration and interaction with other inmates. These should be considered and
documented at every review phase and implemented short of undue hardship
(where relevant Code related factors are present);

vi. reasons for continued segregation;

vii. reason for release from segregation; and

g. Information regarding when an inmate (with mental illness) was last seen by a mental
health provider is to be recorded on the Segregation and Decision/Review Form.

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6.6.4 30 Day Segregation Review

a. The superintendent or designate will ensure:

i. a review of the reasons for continued segregation has been conducted when an
inmate has been in segregation for a continuous period of 30 days (includes
inmates released on the 30th day) see 6.6.3, c to g

ii. when an inmate is in segregation for a continuous period of 30 days, the

appropriate section (in superintendent or designate's comments section) of the
Segregation Decision/Review Form and Occurrence Report if additional space is
required, is completed and submitted to the regional director or designate within
3 business days of the inmate's 30th day in segregation.

iii. before the report is completed, the inmate is provided an opportunity to make a
written or an in person submission during the interview with the superintendent or
designate (see 3.2.3).

If it is a written submission, it is to be attached to the Segregation

Decision/Review Form.

If it is an in person submission, include summary of inmate's comments in

the Segregation Decision/Review Form inmate comment section or an
Occurrence Report if additional space is required.

iv. if no inmates have been in segregation for 30 days during a calendar month, the
superintendent or designate will submit a nil report via email to the regional
director or designate by the 15th day of the following month.

b. The regional director or designate will ensure:

i. the Segregation Decision/Review Form and related Occurrence Report(s) are

reviewed and any concerns are discussed with the superintendent or designate.

ii. the details of the 30 day reviews are documented on the Segregation
Decision/Review Form (in regional director or designate comment section) or on
a report if additional space is required. Details include but are not limited to:

the reason for continued segregation;

any Code related factors which may cause the inmate to be adversely
impacted by segregation or which may require accommodation (see
Human Rights section);

any Code considerations applied that relate to the inmate's need (e.g.,
provision for a translator or interpreter assistance, etc.);

what alternatives have been offered and rejected by the inmate; what
alternatives and accommodations to maximize integration have been
considered and rejected by the superintendent or designate and explain
why they amount to undue hardship;

information related to being seen by clinical staff and/or mental health

provider;

information of suspected or known mental illness;

information related to assessments completed by mental health provider if

the inmate has suspected or known mental illness;

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 information related to the completion of subsequent 5 day needs
assessments completed by a physician or psychiatrist (as appropriate) for
inmates with suspected or known mental illness;

information regarding the status of the inmate's Treatment Plan and/or

Care Plan; and

reasons for supporting segregation or not supporting continued

segregation, including suggestions for alternatives to be considered,
offered or tried.

iii. a copy of the Segregation Decision/Review Form, including their comments, is

retained in the regional office.

iv. the original Segregation Decision/Review Form is returned within three business
days to the superintendent or designate for inclusion in the inmate's file.

v. the above procedure must be followed for each continuous 30 day period that the
inmate remains in segregation.

vi. a Regional 30 Day Segregation Report (see items to be included above in 6.6.4
b ii) to the ADM IS (to be reported to the Deputy Minister) where an inmate is
placed in segregation for a continuous period of 30 days (includes inmates
released on the 30th day). This report will be submitted no later than the 5th day
of each month.

6.6.5 60 Day Review Report

a. The superintendent or designate will track when an inmate has been in segregation for
a period of 60 aggregate days in one year and report to the ADM IS (via the regional
director or designate).

b. The superintendent or designate will notify the regional director or designate within 3
business days when an inmate has been in segregation for 60 aggregate days in one
year (from the date inmate was admitted to segregation) and to be reported every
subsequent 30 aggregate days thereafter (inmate housed in segregation). In this
report, it will indicate if the inmate has a mental illness or other Code related needs
which may cause them to be adversely impacted by a prolonged period of segregation
(e.g., cognitive, emotional, social functioning and physical functioning). It will also
detail the reasons for continued segregation and any alternatives considered and
attempted to integrate the inmate out of segregation.

c. The ADM IS will be notified by the regional director or designate within 5 business
days, at the beginning of every month when any inmate has been in segregation in
excess of 60 aggregate days in one year (from date inmate was first admitted to
segregation). The ADM IS will be notified if the inmate has a mental illness. Any
additional Code related factors (e.g., disability such as blindness or deafness, etc.),
which may cause the inmate to be disproportionately impacted by a prolonged period
of segregation, will also be identified.

6.7 Using Segregation for T emporary Housing

6.7.1 In some situations, it may be necessary to place inmates for short durations of several
hours in segregation (not as a routine) due to special circumstance (e.g., for sleeping
purposes, trans inmate risk assessment, etc.).This can only be done where in the opinion
of the superintendent or designate, the inmate must be segregated to protect the security
of the institution or safety of other inmates or the inmate's own protection.

223
 6.7.2 Since segregation in this situation may be considered a temporary extension of a regular
living unit, more than one inmate may be placed in the cell without conducting a
comprehensive compatibility assessment.

6.7.3 At no time, however, will general population and protective custody inmates be placed in a
cell together (also see 6.4 and 6.5).

6.8 Protective Clothing

6.8.1 Security Gown and Special Bedding

a. Each institution will have a supply of sleeveless, tear resistant clothing and special
bedding for issue to inmates who:

i. based on an individual assessment, are considered to be potentially suicidal or

are on a suicide watch;

ii. are considered at risk for intentional or unintentional self harm if issued routine
bedding and clothing; or

iii. are destroying property or exhibiting other seriously negative behaviour.

b. While these items (security gown and special bedding) are insulated, the operating
manager must make a personal check to ensure that the temperature of the
segregated area is suitable. When below room temperature or if an inmate is
requesting blankets and/or appears to be cold additional security blankets may be
provided.

c. Trilcor Industries is the only approved supplier of security gowns to Correctional

Services. Trilcor labels gowns in sizes small (fits medium torso 40 inch), medium (fits
large torso 60 inch) and large (fits extremely large torso 75 inch).

d. It is essential that size of the security gown be appropriate to the size of the inmate
and staff inspect the gown for any tears, threading, edging issues prior to issuing to the
inmate.

Note: Suicides have occurred in correctional facilities when large security gowns were
issued to small inmates and the armholes were used as ligatures.

e. The superintendent or designate will ensure that a sufficient stock of all gown sizes is
maintained at the institution.

6.8.2 Modesty Gown

The purpose of the modesty gown is to provide a strategy to ensure that the modesty of an
inmate can be maintained even when the inmate is in state of crisis and is unwilling to don
appropriate clothing. The modesty gown is worn only as a temporary alternative and
correctional staff are to be present whenever the modesty gown is worn by an inmate. The
use of the modesty gown is only to be used under direct supervision. The modesty gowns
are to be laundered as directed by the manufacturer after use.

a. Each institution will have a supply of sleeveless, tear resistant modesty gowns for
issue to inmates who:

i. require to be escorted while in a state of undress; and

ii. are unwilling to don appropriate clothing.

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 b. Trilcor Industries is the only approved supplier of modesty gowns to Correctional
Services. Trilcor labels gowns in sizes extra small, small, medium, large, extra large
and extra extra large.

c. It is essential that size of the modesty gown be appropriate to the size of the inmate to
ensure the inmate's modesty and safety.

d. The superintendent or designate will ensure that a sufficient stock of all modesty gown
sizes is maintained at the institution (i.e. Group A and B institutions to have a minimum
of 2 of each size, Group C and D institutions to have a minimum of 4 of extra small,
small, medium and large and 2 of extra large and extra extra large).

e. The superintendent or designate will ensure the modesty gowns are placed in a
strategic area of the institution for use.

6.9 Documentation
6.9.1 The provisions of the Freedom of Information and Protection of Privacy Act regarding
documentation must be adhered to. This is particularly important when a higher level of
intervention is used. A written record is essential to provide evidence based support for
decisions. Written records include, but are not limited to, the following documents:

a. Occurrence Report;

b. Misconduct Report;

c. Protective Custody Decision/Review Form;

d. Observation Report Form;

e. Segregation Decision/Review Form;

f. Care Plan;

g. Treatment Plan (assessment information by psychiatrist, physician or mental health

provider with therapeutic options, etc.);

h. Suicide Initiation Notice and Change/Cancellation of Suicide Watch Notice;

i. Enhanced Supervision Initiation Notice;

j. Log Book; and

k. Duty Notebook.

6.9.2 Clear documentation enhances inter-professional communication and provides evidence to

show that all factors relevant to the placement decision have been considered, including an
assessment of:

a. Code related needs (e.g., physical, mental illness, social, intellectual disabilities) which
may cause the inmate to be adversely impacted by the placement or the process used
(see Human Rights Principles section) or which may require additional
accommodations.

b. alternatives to placement and steps taken to maximize integration that were

explored/implemented in order to accommodate Code needs and the rationale for
rejecting them (due to undue hardship).

c. the potential risk to the individual inmate (see risk assessment information in Undue
Hardship 8.0);
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 d. the potential risk to employees, other inmates and the public (see risk assessment
information in Undue Hardship 8.0);

e. the rationale for using special management strategies (e.g., for violent, unstable or
unpredictable inmates);

f. in the case of a communicable disease or other health care condition, the degree of
infectiousness or requirement to provide special medical care (e.g., medication,
monitoring, personal hygiene, etc.); and

g. the availability of suitable placement.

7.0 Authority
Canadian Charter of Rights and Freedoms, ref. Life, Liberty and Security of Person; Detention and
Imprisonment; Treatment or Punishment; and Equality Rights

Ontario Human Rights Code, ref. Freedom from Discrimination regarding Services and Accommodation

Ministry of Correctional Services Act, ref. Functions of Ministry

Regulations under the Ministry of Correctional Services Act, ref. Duties of Superintendent Health Care
Professionals, Employees; Inmate Misconduct; and Segregation

Freedom of Information and Protection of Privacy Act, ref. Use and Disclosure of Personal Information

8.0 Related Documents

Refer to Segregation Review Action Required - ADM Directives, Memorandum dated October 17, 2016

Refer to Institutional Response to Mental Health Needs flow chart

Refer to Undue Hardship, dated July 30, 2015

Refer to Reporting Requirements When Inmates are Placed in Segregation or Other Areas Designated as
Segregation, Memorandum dated January 7, 2015

Refer to Information on Segregation Decision/Review Form, Memorandum dated October 27, 2014

Refer to Regional 30 Day Segregation Report, Memorandum dated October 27, 2014

Refer to Public Interest Remedies in the Matter of Christina Nadine Jahn, HRTO Jahn Settlement dated
September 24, 2013

9.0 Revision History

Date Description of Change Reference Sections
December 6, 2016 Attention message box added Below policy name
Added memoramdum from ADM IS regarding Segregation Related Documents
Review Action Required - ADM Directives dated October 17,
2016
September 22, 2016 Remove reference to Modified Security Gown 6.8.2
September 24, 2015 Policy reviewed and placed into new format All
Policy statement includes Correctional Services and Human 3.0 to 3.27 b
Rights Principles (segregation, accommodations, alternative

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placement, consultation with mental health provider for
inmates with mental illness, etc.)
Code related information/links to Human Rights section throughout
provided throughout (references to Mental Illness)
Segregation will not be used for inmates with mental illness 3.1.3
and/or intellectual disability unless the Ministry can
demonstrate alternatives to segregation have been
considered and rejected because they would cause an undue
hardship
Definitions added/revised, Administrative Segregation, Care 4.1 to 4.17
Plan, Clinical Staff, Close Confinement, Duty to
Accommodate Short of Undue Hardship, General Population,
Inmate Submission, Inter-Professional Team, Medical
Isolation, Mental Health Provider, Mental Illness, Protective
Custody, Segregation, Special Management Inmates, Special
Needs, Special Needs Unit, Treatment Plan
Responsibilities section added for regional 5.1 to 5.4.4
directors/designates, superintendent/designate, operating
manager, correctional staff
Health privacy legislation links provided which relate to policy 6.0
Policy should be read in conjunction with Suicide Prevention, 6.0
Use of Force, Discipline and Misconduct, Report Writing
policies
Accommodations and access to mental health provider and 6.1.1 and 6.1.3
mental health care services for those with mental illness
added to list of conditions of confinement
Factors to be considered for placement in protective custody 6.2.1 b (ii, iv, v, vi, vii,
expanded viii, ix, xi, xii, xii, xiv,
xv)
Where mental illness is present, therapeutic alternatives 6.2.1 c
must be considered in consultation with a mental health
provider
Explanation of the alternatives and management strategies to 6.2.1 d
maximize integration with general population considered and
reasons for rejecting to be documented
Some benefits, privileges and programs provided to general 6.2.1 f
population may not be available to PC due to available
resources or where access would undermine the reason for
placement
When making special needs unit determinations each case is 6.2.2 a
considered individually and on its own merits
Examples added to when clothing and bedding may be 6.2.2 b
withheld
Transfer of special management inmates to other institutions 6.2.2 c and d
Administrative segregation section added with reference 6.2.3 to 6.2.3 b
offering access to Inmate Information Guide, Segregation
Handout, each case to be considered individually
When an inmate with mental illness is placed in segregation 6.2.3 c (i to vii)
Close confinement link to Administrative segregation, if 6.2.4 a and b
inmate has committed a serious misconduct inmate may be
placed in close confinement, when an inmate with mental
illness is placed in segregation the inmate will be assessed
by a physician or psychiatrist (link to 6.2.3 c i to vii)
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Health care assessment of segregated inmates section 6.3.1 to 6.3.5
updated to include mental health provider to do assessment
for inmate with mental illness
Placing segregated inmates together with mental illness 6.4.2 c
Compatibility assessment includes consultation with clinical 6.4.4 b (i to v)
staff, classification staff, social worker, spiritual care provider,
social worker, spiritual care provider, mental health provider
Reviews of inmates in segregation 6.6
Initial placement review 6.6.1
24 hour review 6.6.2 a to g
5 day reviews 6.6.3 a to g
30 day review 6.6.4 a to b (vi)
60 day review 6.6.5 a to c
Using segregation for temporary housing updated for short 6.7.1
durations of several hours
Security gown and special bedding used for inmates who, 6.8.1 a (i to iii)
are potentially suicidal/on suicide watch, considered at risk
for intentional or unintentional risk of harm, destroying
property
Modified security gown (modesty gown) section added 6.8.2 a to e
Documentation section link added to Freedom of Information 6.9.1 a to k
and Protection of Privacy Act, and written records are to
include (list provided in policy)
Factors relevant to placement decision, Code related needs, 6.9.2 a to e
alternative placement , steps taken to maximize integration,
rationale for using special management strategies
Assistive devices section and inmates with service animals deleted
section removed as they are now in Inmates with Disabilities
policy
Added related documents: institutional response to mental 8.0
health needs flow chart, Undue Hardship, memo regarding
Reporting Requirements when inmates are placed in
segregation or other areas designated as segregation,
Information on segregation decision/review form, regional 30
day segregation report and Public Interest Remedies in the
matter of Christina Jahn

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 Ministry of Community Safety and Superintendent’s Directive
Correctional Services

Reference No.
Institution Hamilton-Wentworth Detention Centre 16-001

Date Issued 03-30-2016 Effective 04-04-2016

Subject 2A & 2B SEGREGATION UNITS

To All Staff

1.0 Policy

The 2A & 2B Segregation Units are fixed posts designed to provide cellular accommodation for those inmates
who have demonstrated a need to be removed from the general population. The term segregation, however,
has a dual concept attached in that the confinement of an inmate may be accommodated either in a
Segregation Unit or within any living unit. For our purposes there are only two terms which will be applied to
describe inmates classified to a Segregation status. These terms are as follows:

 Close Confinement: Separation from the general population as a penalty for the violation of institutional
rules or Ministry regulations.

 Administrative Segregation: Administrative and/or medical separation from general population for any
reason other than Close Confinement. Inmates who are classified for various reasons, i.e., Protective
Custody, Medical, Security, etc.

2.0 Procedure

2.1 The level of security maintained in these units is of utmost importance.

2.2 At the commencement of each shift and during relief periods, Officers assigned to either the 2A or 2B
area will be responsible to familiarize themselves with the status of each inmate in their respective
area and will clearly print their names, badge number and then sign the back of the “Daily Segregation
Status Report” as verification of this review.

2.3 At the conclusion of each shift the 2A and 2B Segregation Officer in charge will complete a
“Segregation Observation Notes” form for every inmate housed in the unit.

2.4 The 2A and 2B Segregation Officer will ensure that the area and inmates are observed at least every
(clockrounds) or more often as directed in writing by the Sergeant. Suicide watch
clockrounds will be conducted at least minutes or more often as directed.

2.5 Medical staff will visit both units at least daily. All such tours will be logged in the unit logbook by
correctional staff and the visiting RN will initial the entry.

2.6 Observations of all staff present will be recorded in the unit logbook. The Sergeant will complete an
inspection of the unit at per 12 hour shift while the Shift IC will be required to complete at
least 1 tour per 12 hour shift.

2.7 In addition to the Segregation log, a separate record will be maintained to record the following:
2.7.1 showers
2.7.2 shaves
2.7.3 telephone use
2.7.4 exercise/fresh air
2.7.5 cell cleaning
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 2.7.6 clothing changes

2.8 Inmates in Segregation are required to have fresh air daily (staffing and weather permitting). They will
receive fresh air one at a time unless authorized by the Sergeant. The segregation yard door or the
gym yard door will remain locked at all times when segregation inmates are present during the Fresh
Air program.

2.9 Inmates will be expected to shower and shave daily (as staffing permits as determined by the
Sergeant). Inmates will shower separately one at a time and this will be recorded in the appropriate
log. The grille door to the shower will be locked at all times.

2.10 Inmates will normally receive clean undergarments daily. All inmates classified to 2A or 2B
Segregation will be required to wear orange coveralls, unless on a ‘Suicide Watch’ and these will be
changed at least twice weekly (more often if supplies permit). This will be recorded in the appropriate
log.

2.11 The status of inmates assigned to the Segregation unit will be reviewed every 24 hours by a Senior
Staff member/designate.

2.12 All meals served in the 2A Segregation unit will be provided on paper plates and beverages in
Styrofoam cups or juice pouches. Upon completion of each meal all such items will be removed to the
garbage. The inmate may retain one Styrofoam cup for drinking purposes. Meals and beverages
issued in 2B will be done so on standard institutional modulated trays and standard drinking cups. If
determined suitable by the Sergeant, segregation inmates housed in 2B may be issued meals on
paper plates and Styrofoam cups. This determination will be made on an individual case by case
basis.

2.13 All inmates assigned to either unit will receive the evening snack “jug-up” regardless of status, unless
otherwise authorized in writing. The evening snack is part of daily caloric intake.

2.14 Other than those classified to Segregation, no inmate will be permitted in the unit except for the
designated Admitting and Discharge cleaner who will be supervised at all times while in the unit.
Inmates on lock-up status in other areas of the institution may be provided with supervised fresh air in
the Segregation Yard under the direction of an Sergeant.

2.15 Inmates assigned to 2A and 2B Segregation areas are required to sweep, mop and dust their cells
daily, when staff is available. Inmates are also required to clean their toilet and remove any refuse.
This process will be recorded in the appropriate log.

2.16 Inmates assigned to both the 2A and 2B Segregation units will be escorted at all times. Only one
inmate from the Segregation unit will be allowed in the normal visiting area and one in the “Old Female
Visiting Module” at a time. Professional visits will normally be conducted in the 2B area and supervised
by staff assigned by the Shift Coordinator. No outside personnel will be permitted access to the
Segregation Unit unless authorized in advance by Senior Staff, the Security Manager or the Shift IC.

2.17 The “Monthly Lockup List” for the 2A unit will be maintained by the 2A Segregation Officer. All
admissions to the 2A Segregation unit will be updated on the computer by Central Control staff. The
“Monthly Lockup List” for the 2B unit will be maintained by the 2B Segregation Officer. All admissions
to the 2B Segregation unit will be updated on the computer by Central Control Staff or the 2B
Segregation Officer.

2.18 No cell, in either unit, will be opened unless operational staff are present.

3.0 Procedure for Inmate Admission

3.1 Inmates will only be admitted to 2A or 2B Segregation units with authorization of an Sergeant.

3.2 The 2A or 2B Segregation Officer will inspect and prepare the cell when prior notification is received
that an inmate is being reclassified to the unit. The Officer will be responsible to ensure that the cell is
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 clean, free of contraband and in good working order. Cells will be searched and any deficiencies
will be logged in the 2A and 2B Segregation and Maintenance Logbooks.

3.3 When the inmate arrives, the Segregation and escort Officers will be responsible for performing a strip
search of the inmate and issuing clean clothing. A Sergeant must be present at the time of admission
to segregation. Any issues of compliance must be addressed by the Sergeant.

3.4 The Segregation Officer will be responsible for ensuring the proper status of the inmate has been
recorded, i.e., Medical, Security, Close Confinement, etc.

3.5 The following documents will be received from the escorting Officer:
3.5.1 Unit Notification Card
3.5.2 Personal Property Declaration for Segregated Inmates (with itemized list).

3.6 The admission of the inmate will be recorded in the unit log, including the inmate’s full name, status,
number and any other relevant information such as behaviour, mood or mental state. This entry will
also include the name of the Sergeant authorizing the admission. The Sergeant will initial the entry
when complete.

3.7 The inmate’s name will be entered on the “Monthly Lockup List” ensuring all relevant sections are
completed, i.e., name, number, status, date admitted, etc.

3.8 The 2A and 2B Segregation Officer will initiate the “Admission Information/Personal Data” form

3.9 The 2A and 2B Segregation Officer will ensure that the inmate was seen by Medical prior to admission
to the unit. If the inmate has not been seen, the Officer will inform Medical to attend the unit for
assessment. This assessment is a priority and must be completed promptly.

3.10 Admissions to the 2A Segregation unit will adhere to the following procedure: The inmate’s personal
property and attached itemized list will be reviewed by the Segregation Officer in the presence of the
inmate to ensure accuracy (this process will be signed as completed by the inmate and the Officer).
Any property to which the inmate is entitled will be given to the inmate and recorded on the Property
Declaration. The remaining itemized property will be placed in the property cupboard
Access to this property will require the A&D
Manager’s or designates approval.

4.0 Status Categories

4.1 Close Confinement (with privileges)

1 mattress, 1-2 blankets, 2 sheets;
1 towel, 1 comb, 1 toothbrush, 1 toothpaste;
1 bar soap, 1 deodorant, 1 Styrofoam cup;
1 book, 1 bible if requested, 1 magazine, 1 pad writing paper, 1 doodle pad;
1 pencil, 6 envelopes, 6 photographs;
shoes without laces (to remain outside the cell).

4.1.1 All other property will remain locked in the designated storage area.
4.1.2 Twenty-minute phone use will be offered daily.
4.1.3 Showering and shaving will be offered daily. Any deviations will be noted by the Sergeant in
charge in the Segregation Logbook.

4.2 Close Confinement (loss of all privileges)

1 sleeping pad (20:00 - 08:00 hours), 1-2 security blankets
1 towel, 1 comb, 1 toothbrush, 1 toothpaste, 1 bar soap
1 Styrofoam cup, 1 bible if requested
shoes without laces (to remain outside the cell)

4.2.1 All other property will remain locked in the designated storage area.
4.2.2 Phone use will be by request for lawyers and Ombudsman only.
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 4.2.3 Showering and shaving will be offered daily. Any deviations will be noted by the Sergeant in
charge in the Segregation Logbook.

4.3 Medical (Isolation)

same as Close Confinement (with privileges)

4.3.1 Property will be the same as Close Confinement (with privileges).

4.3.2 Phone use and showers will be offered daily (staff and time permitting) but the inmate will be
required to disinfect the phone and shower after use.

4.4 Medical (Suicidal)

1 sleeping pad,
2 security blankets, 1 security gown
1 Styrofoam cup (to be removed immediately after meal issue)
shoes without laces (to remain outside the cell)

4.4.1 All other property will remain locked Variations to this list must be
approved by the Admitting and Discharge Manager or designate.
4.4.2 Phone access will be by Inmate Request only.
4.4.3 Showering will be offered daily. Any deviations will be noted by the Sergeant in charge in the
Segregation Logbook.
4.4.4 Writing materials may be given upon request, however, the Segregation Officer will supervise
the inmate and ensure that the materials are removed and accounted for after use.
4.4.5 Inmates on Suicide Watch will be offered hydration between meals

4.5 Medical (Psychiatric)

1 sleeping pad, 1-2 security blankets, 1 security gown (if approved by the A & D Manager);
1 towel, 1 bar soap, 1 comb, 1 toothbrush, 1 toothpaste;
1 Styrofoam cup, 1 book, 1 magazine;
shoes without laces (to remain outside the cell)

4.5.1 All other property will remain locked

4.5.2 Twenty-minute phone use will be offered daily.
4.5.3 Showering and shaving will be offered daily. Any deviations will be noted by the Sergeant in
charge in the Segregation Logbook.
4.5.4 Writing materials may be given upon request, however, the Segregation Officer will supervise
the inmate and ensure that the materials are removed and accounted for after use.
4.5.5 The above list may be amended by the Admitting and Discharge Manager or designate.

4.6 Medical (other)

It is impossible to set up procedures for every medical admission. The Officer assigned to
Segregation will refer to the “Admission Information/Personal Data” form in order to determine the
handling instructions.

4.7 Administrative (Protective Custody)

same as listed for Close Confinement (with privileges).

4.8 Administrative (Security)

4.8.1 It is impossible to set procedure for all security needs/requirements, the Officer assigned to
Segregation will refer to the “Admission Information/Personal Data” form in order to determine
instructions.
4.8.2 Further restrictions may be placed on the cell contents list if an inmate’s operational or
security status requires, as noted in any special handling instructions.

4.9 Inmates on Suicide Watch and Special Handling Instructions must be housed in 2A Segregation. All
other segregation admissions status’s may be housed in either 2A or 2B depending upon availability of
bed space. Each admission will be assessed by a Sergeant for suitable placement prior to the
admission.
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 4.10 All inmates housed in 2A Segregation will be issued security bedding and specialized security clothing
as per ISPPM requirements. Inmates on housed in 2B segregation are to be issued a standard
mattress, blankets and sheets.

5.0 Procedure for Inmate Discharge

When an inmate is discharged from the 2A or 2B Segregation units the following will apply:

5.1 The Segregation Officer, in the presence of the inmate and the escorting officer, will check the
contents of the personal property against the Personal Property Declaration form prior to the inmate
leaving the unit.

5.2 Once satisfied that all property is in order, the Segregation Officer, Escort Officer and inmate will be
required to sign the form.

5.3 The completed Personal Property Declaration for Segregated Inmates form will be placed in the
inmate’s Institution file.

5.4 The escort Officer will then escort the inmate to the Medical unit for assessment prior to level
placement.

6.0 Care/Control of Inmate Property

When an inmate is classified to the 2A or 2B Segregation unit the following procedures will apply:

6.1 The Operational Coordinator will designate a staff member to collect and itemize the inmate’s personal
property. This will be done using the “Personal Property Declaration” form. Whenever possible, this
should be done with the inmate present. The Pod Officer will record the removal of the inmate’s
property in the unit log and note the time and staff member involved.

6.2 The Officer will ensure the property is enclosed in a designated storage bin that will be tagged to
indicate the inmate’s name, number and location. The itemized Property Declaration will be attached.

6.3 The assigned staff member will take the property to the appropriate Segregation unit where the
contents will be checked and confirmed by the Segregation Officer and the inmate.

6.4 The inmate will be given any entitled property and the remaining property will be placed in the
designated storage area.

6.5 During the time the inmate is housed in the unit, all property additions or deletions must be authorized
by the A&D Manager or a Sergeant.

6.6 Canteen orders are only authorized for inmates allowed privileges. When canteen items are received
for inmates not allowed same, they shall be placed in the inmate’s property and the property sheet will
be amended to reflect the items placed in the inmate’s property.

7.0 Inmate Request for Protective Custody in Segregation

7.1 When an inmate requests Protective Custody in Segregation he will be required to complete and sign
an “Inmate Protective Custody Decision/ Review” form.

7.2 The inmate will acknowledge the fact that certain benefits or privileges may not be available to him by
signing the form.

8.0 Key Security

8.1

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 c .

9.0 Search Reports

9.1 Searches of the 2A and 2B Segregation units are to be reported as part of the B Search
Report Package. The objective is to ensure that the entirety of both
Segregation units are searched.

9.2 cell and inmate searches will be conducted, recorded on the Search Reports and logbooks and
submitted to the Shift Co-ordinator.

9.3 The primary responsibility for ensuring that the above procedures are followed rests with the Sergeant.

10.0 Observation Forms

10.1 Observation Report Forms are required, in addition to institutional logs, for recording the observations
made by all staff doing a tour of the segregation area. One form will be kept for each inmate housed in
a segregation unit. The following is to be completed on the form:

a. all boxes are to be filled in at the top of each page;

b. the first entry, made by a staff member, is to contain their full signature and initials;
entries that follow, by that same staff member, may contain initials only;
c. observations are recorded of the inmate's behaviour each time the area is checked by
staff, detailing what the inmate is doing;
d. interactions with the inmate are recorded on the Observation Report Form (e.g. clothing
exchanges, toiletry issue, meals etc.);
e. if acronyms are used, the first entry using the acronym, must be in full format followed by
the acronym (e.g. Inmate); and
f. forms are usually posted close to each cell occupied by an inmate with a cover sheet
listing the inmate's name and OTIS number on top to provide privacy of the information
contained.

10.2 Special Observation Status Forms are used to record special handling instructions as provided by a
sergeant to effectively supervise inmates that require special precautions. These may include
observation recordings due to medical needs or security issues such as an observation schedule,
types of medical precautions, etc.

10.3 Health Care Observation Forms are used to record observations and comments by all staff for inmates
with specific medical issues as requested by Health Care staff. These observations will be for a
specific reason, frequency and duration as requested.

10.4 All Observation Forms must be accurate and complete, ensuring all applicable fields are filled in.

10.5 The in house retention schedule for these forms is two calendar years, after which they will be sent to
the Ontario Government Records Centre.

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 PLACEMENT OF SPECIAL MANAGEMENT INMATES

1.0 Purpose

This standing order establishes guidelines for the placement of special management inmates and
the provision of specialized care.

2.0 Staff Affected

All Institutional Services staff involved in the care, custody and control of special management
inmates.

3.0 Policy

3.1 The policy of Correctional Services is to ensure:

3.1.1 Decisions regarding housing special management inmates are based on an

individualized assessment of an inmate's needs and circumstances based on
reliable information and verified criteria, not assumptions or impressionistic views
about the level of risk their being housed with the general population may pose.
The decisions will also be consistent with the principle of managing inmates in
the least intrusive or with the lowest level of security possible, which fulfils
Correctional Services' legislated mandate, provides for the needs of inmates who
require specialized care, and ensures both the safety of all persons and the
security of correctional institutions.
3.1.2 Acceptable living standards and humane treatment are always maintained,
regardless of the reason(s) or purpose for the inmate's placement.
3.1.3 Segregation will not be used for inmates with mental illness and/or intellectual
disability unless the Ministry can demonstrate and document that all other
alternatives to segregation have been considered and rejected because they
would cause an undue hardship (including for reasons related to health and
safety concerns). Undue hardship may be reached sooner in an emergency
situation where there is a real and immediate threat of serious harm or a security
issue. If segregation is used as a temporary measure to respond to an
emergency situation, this placement should be reassessed and alternatives
explored as soon as possible after the immediate threat subsides.
3.1.4 All inmates including special management inmates are integrated into the
general population to the fullest extent possible (where safety and security can
be maintained). Where possible certain groups (e.g., sex offenders, inmates
concerned about their safety, inmates with mental illness, inmates with
intellectual disabilities, etc.) are to be placed in less restrictive areas taking into
consideration other alternative placements (e.g., protective custody, special
needs unit, etc.). Access to programs, rights and privileges will be the same,
unless access would cause undue hardship.
3.1.5 Whenever possible and appropriate for non disciplinary placement of inmates
(e.g., inmate has an intellectual disability or mental illness), protective custody
and special needs units should be used as alternatives to segregation and
implemented short of undue hardship. Placement decisions will consider the
least possible interference with the inmate's personal freedom.

235
3.2 Human Rights Principles

All inmates, including special management inmates must be housed and treated in a
manner that complies with the Ontario Human Rights Code (Code) obligation to provide
services that are free from discrimination and harassment based on race, ancestry, place
of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity,
gender expression, age, marital status, family status and disability. This means that:

3.2.1 Decisions about housing placements and access to services, benefits, privileges
and programs must be made on a case by case basis with full consideration
given to the inmate's individual needs and circumstances, including Code related
factors that may cause them to be adversely impacted by segregation or
limitations on access to services (e.g., mental illness, blindness, deafness,
intellectual disability). Where mental illness is involved, this should include
consultation with a mental health provider. If a mental health provider is not
available in a timely manner, other clinical staff may be consulted. This should
not preclude further consultation with a mental health provider as soon as
possible.
3.2.2 No inmate will be subjected to more frequent or prolonged periods in segregation
or denied access to services, benefits, privileges and programs because of
assumptions, stereotypes or reasons related to Code related factors (e.g.,
because they require an assistive device, because of their gender identity or
mental illness, etc.).
3.2.3 Where an inmate has Code related needs which may impact their ability to
communicate, understand and/or participate in mental health assessments,
segregation placement and review processes (e.g., language barrier, difficulty
gathering or articulating thoughts due to a mental illness, etc.), these needs will
be accommodated short of undue hardship. Possible accommodations may
include support persons (e.g., mental health case worker, social worker, etc.),
sign language interpreters, translators, communication supports or alternate
formats. See Interpreter Services and MCSCS Accessibility.
a. If accommodations are required, it is to be documented on the Segregation
Decision/Review Form or Occurrence Report, if additional space is
required.
b. Where accommodations are not provided, the reason that the
accommodations amount to undue hardship is to be documented.
3.2.4 Inmates will be housed within the general population, where possible. Where a
relevant Code related factor is present (see 3.2), alternatives to housing outside
of the general population must be considered and only rejected where it is
determined that they would amount to undue hardship. Where appropriate and
necessary, the exploration of alternatives should include consultation with a
medical health provider and/or clinical staff.
3.2.5 Where an inmate would be adversely impacted by segregation due to a Code
related factor but there are health and safety risks associated with housing them
in the general population, all possible efforts must be made to minimize the risk
prior to exploring segregation.
3.2.6 Where an inmate is housed outside of the general population, any Code related
needs will continue to be accommodated short of undue hardship.
Accommodations will be regularly reviewed as part of the review process to
ensure their adequacy.

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 3.2.7 When a mental illness is identified or suspected in respect to the placement and
management of the inmate (including risk assessment, alternatives and
integration strategies, accommodations) must be made in consultation with a
physician or psychiatrist (as appropriate). Where a physician or psychiatrist (as
appropriate) is not available in a timely manner, other mental health providers or
clinical staff may be consulted. This should not preclude further consultation with
a physician or psychiatrist (as appropriate) as soon as possible and in
conjunction with a Care Plan and/or Treatment Plan.
a. Where it is determined it is not possible to house the inmate in the general
population or in an alternative, less restrictive areas, without causing undue
hardship, the rationale for the placement (segregation placement) and
details regarding the alternatives considered and why they amount to
undue hardship must be documented on the Segregation Decision/Review
Form or Occurrence Report, if additional space is required. Steps taken to
integrate the inmate and maximize their contact with other inmates must
also be documented.
b. Where an inmate is placed in segregation and there is a Code related factor
present which causes the inmate to be adversely impacted by this housing
arrangement or by access to a particular service, benefit, privilege or
program, this factor must be documented and reviewed as part of the 24
hour, 5 day and 30 day reviews. Any changes to the inmate's Code related
needs during this time period must also be considered and documented.
Any accommodations that an inmate was receiving will be regularly
reviewed and will not be disrupted by changes in housing.

4.0 Definitions

4.1 Administrative Segregation: The separation of an inmate (placement in segregation) from

the general population (including protective custody, special needs unit(s), etc.) where
the continued presence of the inmate in the general population would pose a threat to the
health or safety of any person, to property, or to the security or orderly operation of the
institution. This is restricted to inmates:

4.1.1 in need of protection;

4.1.2 who must be segregated to protect the security of the institution or the safety of
other inmates;
4.1.3 who are alleged to have committed a misconduct of a serious nature, or
4.1.4 who request to be placed in segregation.

4.2 Care Plan: A Care Plan is a written document that guides a consistent approach for
inter professional team members on how to meet care goals and support needs. Care
Plans are dynamic documents and are updated as needs of an inmate evolve over time.
Inter professional team members (e.g., correctional staff, program staff, mental health
providers, native inmate liaison officer, social workers, community outreach, etc.) work
collaboratively to develop the Care Plan. Included as part of the plan are:

4.2.1 management and care specific to the inmate;

4.2.2 strategies on managing behavioural issues (i.e., identification of triggers,
de escalation techniques);
4.2.3 living unit options and progression (which unit the inmate will be placed or
housed in);

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 4.2.4 interventions/ therapeutic options (e.g., access to worship room, arts/crafts,
physical activity, reading/writing, relaxation/meditation, sensory stimulus,
supportive conversation/engagement, etc.);
4.2.5 observed behaviour;
4.2.6 Human Rights Code needs (including accommodations and specific cultural
considerations (i.e., Aboriginal, religious, etc.));
4.2.7 programs and services;
4.2.8 dietary needs;
4.2.9 discharge planning/preparedness (linking to community services);
4.2.10 any security measures recommended to mitigate risk; and
4.2.11 frequency of review and update.

4.3 Clinical Staff: Includes nurses, physicians, psychiatrists, psychologists, social workers
and any other health professionals responsible for conducting clinical assessments.

4.4 Close Confinement: The separation of an inmate (placement in segregation) from the
general population (including protective custody, special needs unit(s), etc.) where it has
been determined as the result of a disciplinary proceeding that the inmate has committed
a misconduct of a serious nature.

4.5 Duty to Accommodate Short of Undue Hardship: Correctional Services has a legal
obligation under the Ontario Human Rights Code (Code) to accommodate inmates' Code
related needs, short of undue hardship.

4.5.1 This means providing accommodation that:

a. most respects the dignity and individual needs of the inmate; and
b. allows inmates to maximize their participation in services.
Note: Efforts will be made to anticipate barriers faced by individuals with Code
related needs and proactively address those needs.
4.5.2 Undue hardship is a legal test to describe the extent to which an organization
must accommodate these needs. When assessing limits to the duty to
accommodate (i.e., how far the organization should go to accommodate), the
only factors that can be considered are:
a. costs (including outside sources of funding); and/or
b. health and safety risks (includes inmate, staff, anyone else at the
institution).
4.5.3 Undue hardship is a high standard and must be supported by real, direct and
objective evidence. The authority to decide that an accommodation cannot be
provided because it would result in undue hardship rests with the regional
director or designate. The superintendent or designate will contact the regional
director or designate who will consult with appropriate corporate supports (e.g.,
the Client Conflict Resolution Unit, Strategic Projects Unit, Corporate Health
Care, Legal Services Branch, etc.) as needed, if they believe that
accommodating an inmate's Human Rights Code related need could result in
undue hardship.

4.6 General Population: Refers to the group of inmates that do not require specific placement
or special housing location for treatment such as segregation (e.g., medical isolation),
protective custody, suicide watch or special needs units.

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4.7 Inmate Submission: An inmate in segregation is afforded an opportunity to offer
information either in person or in writing to the superintendent or designate in response to
being placed in segregation (afforded an opportunity during the initial 5 day and every 30
day review, however inmate may make a submission at any time while housed in
segregation). It is an opportunity to tell the inmate's side of the story, in response to the
reasons given for segregation.

4.8 Inter Professional Team: The team is comprised of different professions and occupations
with varied and specialized knowledge, skills and methods. Inter professional teams
communicate and work collaboratively, as colleagues to provide quality, individualized
care. A team may be comprised of mental health provider(s), clinical staff, correctional
staff, program staff (classification officer, rehabilitative officer, etc.), native inmate liaison
officer(s), the inmate and any other relevant staff.

4.9 Medical Isolation: The isolation (segregation) of an inmate for health care purposes (e.g.,
to prevent the spread of infection).

4.10 Mental Health Provider: Refers to individuals who provide mental health services and
assessments. Mental health providers are individuals who have specialized training in
mental health care. Examples include, psychologists, mental health nurses, psychiatrists,
social workers, and psychometrists (with mental health training psychometrists may also
conduct assessments where appropriate and with appropriate supervision).

4.11 Mental Illness: For the purposes of this policy, mental illness describes an individual who
is experiencing and displaying symptoms of alteration in mood, thought or behaviour
resulting in distress and/or some degree of impaired functioning. Mental illness in this
context may be accompanied by a diagnosis, but a diagnosis would not necessarily be
required. Other professionals may use other terminology such as mental disorder, mental
disability or mental health issues which can evolve over time.

4.12 Protective Custody: The separation of an inmate from the general population where the
inmate requests or requires protection from other inmates. These inmates are housed in
a separate unit from those inmates housed in general population.

4.13 Segregation: An area (for administrative segregation or close confinement housing,

inmates are confined to their cells, limited social interaction, supervised/restricted
privileges and programs, etc.) designated for the placement of inmates who are to be
housed separate from the general population (including protective custody, special needs
unit(s), etc.).

4.14 Special Management Inmate: An inmate who requires special care services, including
physical, mental and social care (i.e., those whose behaviour or potential behaviour could
be harmful to the inmate or others which may require minimal contact with other
inmates). Examples of special management inmates are:

4.14.1 a suicide risk;

4.14.2 some health conditions, such as inmates with communicable disease, immune
compromised health status, or a history of serious substance use and/or
exhibiting symptoms of drug or alcohol withdrawal requiring close monitoring;
4.14.3 intellectual disabilities and mental illness where social and/or cognitive
functioning increases an inmate's vulnerability to threats from other inmates;

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 4.14.4 a disability or condition(s), which requires an assistive device (e.g., prosthetic,
orthotic or orthopedic, devices for inmates who are blind or partially sighted or
hard of hearing and/or deaf, etc.) which cannot be accommodated in general
population short of undue hardship.
4.14.5 a management or security risk (e.g., an inmate with a history of misconducts of a
serious nature or who otherwise presents a high risk to self or others);
4.14.6 an inmate requiring protective custody (e.g., known enemies in the institution,
notorious or heinous offence, a known informant, crown witness, etc.);
4.14.7 an inmate involved in the investigation of a criminal offence (e.g., inmate on
inmate assault, gang related activities, etc.);
4.14.8 an inmate involved in an alleged misconduct of a serious nature;
4.14.9 an inmate who has committed a misconduct of a serious nature; and
4.14.10 any other observation or concern that may require a special management
strategy.

4.15 Special Needs: Service provision and programming for special needs inmates is based
on their current need(s) and not solely on meeting the definition criteria. Wherever
possible, these inmates should be integrated into the general population. An assessment
of an inmate as having special needs should include consultation with mental health
providers and/or clinical staff (as appropriate). An inmate with a special need meets one
or more of the following criteria:

4.15.1 presentation of a severe and/or persistent mental illness (e.g., schizophrenia,

affected disorder, organic brain syndrome, borderline personality disorder,
dementia, etc.);
4.15.2 an intellectual disability; and/or
4.15.3 a significant physical disability (e.g., restricted mobility, deaf, blind, etc.).

4.16 Special Needs Unit: By design, the dedicated or allocated physical location of a Special
Needs Unit(s) used to assess, stabilize, treat and house special needs inmates considers
the:

4.16.1 safety and security of the inmate;

4.16.2 protection of the inmate's mental and physical wellbeing;
4.16.3 ability of the inmate to function within the general population;
4.16.4 ability to execute and carry out individualized inmate plans (e.g., Treatment Plan,
Care Plan for inmates with mental illness, etc.); and
4.16.5 access and availability of services, programs and focused resources to address
unique or complex needs of special needs inmates (e.g., trained specific staff,
enhanced clinical staff support and/or mental health provider support if inmate
has a mental illness, etc.).

4.17 Treatment Plan: The Treatment Plan is a written document which outlines the medical
strategies and treatment goals for a patient. A psychiatrist (or physician) and other mental
health provider(s) will work collaboratively with other clinical staff to develop a Treatment
Plan for those inmates with a mental illness, to provide mental health services that are
specific to the inmate on an ongoing basis.

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5.0 Responsibilities

5.1 The regional directors or designates ensure that:

5.1.1 they consult with the Strategic Projects Unit (SPU), Client Conflict Resolution
Unit (CCRU), Corporate Health Care and Legal Services Branch (LSB) if they
believe that accommodating an inmate's Code related need could result in undue
hardship;

5.1.2 where an inmate has been in segregation for 30 continuous days (including if
released on the 30th day), a 30 day segregation review is conducted and the
decisions documented (on the Segregation Decision/Review Form) and
conveyed to the superintendent for action if required (see 6.6.4 b);
5.1.3 where an inmate has been in segregation for 30 continuous days (including if
released on the 30th day), a Regional 30 Day Segregation Report is completed
and forwarded to the ADM IS (to be reported to the Deputy Minister); and
5.1.4 where an inmate has been in segregation for 60 aggregate days in one year
(from the date inmate was first admitted to segregation), the ADM IS is notified
and then again every subsequent 30 aggregate days thereafter (inmate housed
in segregation). Notification will indicate if a mental illness or another Code
related factor is present.

5.2 The superintendent or designate ensures that:

5.2.1 staff are compliant with this policy;

5.2.2 staff are aware of and meet the duty to accommodate an inmate's Code related
needs.
5.2.3 they consult with the regional director or designate if they believe that
accommodating an inmate's Code related need could result in undue hardship;
5.2.4 Standing Orders include designation of staff that are permitted to investigate,
adjudicate and conduct reviews (e.g., operating manager, deputy superintendent
etc., who were not directly involved as witnesses or victims in any particular
misconduct matter);
5.2.5 Standing Orders include designation of staff that are to be part of the
inter professional teams and leads for Care Plans;
5.2.6 segregation reviews (e.g., 24 hour, 5 day and 30 day reviews) are conducted and
the Segregation Decision/Review Forms are completed for each review phase;
5.2.7 all inmates placed in segregation are proactively offered access to the Inmate
Information Guide and provided with a version of the Segregation Handout
information sheet in a format they can understand/access (i.e., this may require
Code accommodation) which will be documented on the Segregation
Decision/Review Form;
5.2.8 all inmate placement decisions involving inmates with disabilities (including
mental illness) related to medical isolation are done in consultation with clinical
staff and/or mental health provider;

5.3 The sergeant ensures that:

5.3.1 required documentation is completed and submitted (e.g., Inmate Incident Report
(IIR) if required, Occurrence Reports, Use of Force (UoF) Occurrence Reports
where appropriate, Misconduct Reports, Segregation Decision/Review Forms,
etc.);

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 5.3.2 a comprehensive compatibility assessment is completed whenever more than
one inmate occupies a segregation cell;
5.3.3 segregation reviews are conducted as per policy; and
5.3.4 alternative placement options and management strategies (including measures
to maximize integration and full participation) have been explored prior to placing
an inmate outside of the general population. In addition, the alternatives
considered and the reasons for rejecting them (because of undue hardship) will
be documented.

5.4 The correctional staff ensures that:

5.4.1 they complete and submit the required documentation (e.g., Occurrence Report,
Misconduct Report, Observation Report Form, etc.);
5.4.2 log books and duty notebooks are completed reflecting information that can be
used by an inter professional team;
5.4.3 they consult with a sergeant regarding alternative placement options and other
strategies (including measures to maximize integration and full participation)
before placing an inmate in any other area that is not general population and
5.4.4 where a Care Plan exists, they review it during each shift.

6.0 Procedures

This standing order is read in conjunction with the text in the Institutional Services Policy and
Procedures Manual entitled Suicide Prevention, Use of Force (UoF), Discipline and Misconduct,
Report Writing and any other applicable policy.

Important information regarding special management inmates may be contained in correctional

files (e.g., inmate files, Offender Tracking Information System (OTIS), logbooks, duty notebooks,
classification records, medical files, Misconduct Reports, Unit Notification Cards etc.), or obtained
from police, probation officers, court records, professional personnel, relatives, friends, other
inmates, and the observations of employees and the inmate. Health privacy legislation (Freedom
of Information and Protection of Privacy Act and Personal Health Information Protection Act)
provides parameters around who can access health information and in what circumstances.
Inmates must be advised of any limitations or restrictions that may apply for access to programs,
services and entitlements when placed in the areas below. For inmates who require Code related
accommodations in order to understand this information see Human Rights subsection 3.2.3.

6.1 As far as practicable, inmates housed in the areas identified in 6.2 will be provided the
same conditions of confinement, rights and privileges as inmates in general population.
These include, but are not limited to:

6.1.1 accommodations for Human Rights Code related needs;

6.1.2 administrative and health care services;
6.1.3 access to mental health provider and mental health care services for those with
mental illness;
6.1.4 visiting and correspondence;
6.1.5 access to telephone services;
6.1.6 amounts of personal property;
6.1.7 clothing and bedding. For safety or security reasons, protective clothing and
bedding may be substituted;
6.1.8 personal hygiene facilities, including opportunities to shave and shower (i.e., a
minimum of twice per week where access to shower facilities is extremely

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 limited). For safety or security reasons, in consultation with health care (if
applicable), a retrievable kit may be issued when:
a. the use of hygiene products may require direct supervision; or
b. other restrictions if safety or security concerns exist.
6.1.9 regular meal service. Where appropriate, disposable utensils may be used;
6.1.10 canteen privileges;
6.1.11 access to institutional library materials;
6.1.12 access to legal materials and legal services;
6.1.13 fresh air (the duration of fresh air offered to inmates in segregation units will not
be less than 20 minutes each day);
6.1.14 institutional programs or, where access is necessarily restricted, visits by
program staff on completion of an Inmate Request Form (subject to Human
Rights subsection 3.2.3); and
6.1.15 access to television and to wireless headphones, if feasible, to be determined by
the superintendent or designate. If approved, procedures for recording, issuing
and collecting of the wireless headphones are to be included in the Standing
Orders.

6.2 Based on a comprehensive review of each individual case, special management inmates
may be housed in one of the following areas:

6.2.1 Protective Custody

a. The authority to place an inmate in protective custody resides with the
superintendent or designate.
b. There must be a definite risk to the safety of the inmate prior to placing an
inmate in protective custody. A review must be conducted to confirm that
the inmate has protective needs and that the risks cannot be mitigated
(e.g., with increased supervision, with firm administrative action and vigilant
and resourceful staff). Each case must be considered individually on its
own merits. Where applicable, the following factors are considered:
i. documented file evidence of incompatibility;
ii. information from external sources that an inmate's safety may be in
jeopardy;
iii. a notorious or high profile offence that is known to other inmates or
has been reported in the media;
iv. inmate's own request;
v. non communication order or non association order (e.g., accused or
witness, etc.);
vi. likelihood that other inmates are aware of, or may become aware of a
particular inmate's circumstances (e.g., previous convictions, past
protective custody placement, etc.);
vii. past placement during previous period(s) of incarceration;
viii. length of time since last period of incarceration;
ix. location of institution of previous protective custody placement;
x. staff observations or reports of threats, harassment or intimidation;
xi. reports by other inmates, spiritual care provider, family members,
etc., that the inmate is being or has been threatened, harassed or
assaulted;
xii. willingness of the inmate to identify aggressors;

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 xiii. a characteristic, condition or a disability that may render an inmate
vulnerable or place the inmate at risk (e.g., mental illness or
intellectual disability, gender identity, etc.), history of being assaulted
or victimized by other inmates;
xiv. staff familiarity with the inmate;
xv. the inmate is employed in the criminal justice system or is a known
informant or witness; and
xvi. other information that may contribute to a fair determination of the
case.
c. A goal of the institution's protective custody program is to return protective
custody inmates to the general population wherever possible. Protective
custody should only be used as a last resort and if all alternative
management strategies and interventions have been explored. This is
particularly important where Code related factors are present. Where
mental illness is present, therapeutic alternatives must be considered in
consultation with a mental health provider(s). Possible alternative
management strategies may include:
i. For aggressors:
• segregation or transfer of aggressors to other units or
institutions;
• use of the inmate discipline process;
• program reassignment;
• lock down of the unit to identify and deal with aggressors; and
• institutional programs emphasizing positive interpersonal
relations, communication skills and social awareness (e.g.,
counselling).
ii. For potential protective custody inmates:
• counselling to improve peer relations;
• maintenance of the inmate's general population status by
assignment to another living unit;
• transfer to the general population in another institution;
• temporary living unit reassignment, program reassignment or
segregation until the risk has passed; and
• conflict resolution involving protective custody candidates,
peers and aggressors.
d. A review of the inmate's protective needs, including any information
received by the inmate along with an explanation of the alternatives and
management strategies (to maximize integration with general population)
considered and the reasons for rejecting them must be documented on the
Protective Custody Decision/Review Form and/or on an Occurrence Report
if additional space is required. Where Code related needs are concerned,
the alternatives and the management strategies must only be rejected if it is
determined that they cannot be implemented short of undue hardship.
e. Pending the outcome of an inmate review, it may be necessary to place the
inmate in segregation or in another neutral location where the inmate is
protected (e.g., a different cell or living unit, a special needs unit or an area
designated for the purpose of protective custody). This placement should
be reassessed and alternatives implemented as soon as the review is
complete.

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 f. When an inmate is placed in protective custody, the superintendent or
designate, will explain to the inmate that some benefits, privileges and
programs provided to general population inmates may not be available due
to available resources or where access would undermine the reason for
placement in protective custody. However, any accommodation already
being provided will not be disrupted.
g. If an inmate requests to be removed from protective custody and returned
to the general population, a Release from Protective Custody Form is
completed to reflect the inmate's decision. When completing the form, it is
imperative that the superintendent or designate clearly explain the potential
consequences of the request to the inmate.
h. If the inmate is in protective custody on an involuntary basis for their own
protection, the superintendent or designate will review the full
circumstances of the case, provide the inmate an opportunity to speak to
staff about their circumstances and record the information on the reverse of
the Protective Custody Decision/Review Form.

6.2.2 Special Needs Units

a. When making special needs unit determinations each case is considered
individually on its own merits based on consultations with clinical staff
and/or mental health providers (as appropriate).
b. Clothing and bedding must never be withheld from an inmate in a special
needs unit except under the direction of clinical staff for medical reasons,
mental health provider for psychiatric reasons or under the direction of the
superintendent or designate for safety reasons (e.g., attempting self harm,
destruction of property, where risk cannot be mitigated and undue hardship
has been determined). If a special management inmate who requires
specialized care is destroying property or exhibiting other seriously negative
behaviour, clinical staff (or mental health provider if inmate has a mental
illness) will be consulted with respect to options for treatment management
and assessment of existence and /or appropriateness of Code related
accommodations in place.
c. Every attempt will be made to transfer special management inmates who
require special needs to other institutions as soon as it is practical to do so
when:
i. a correctional institution is temporarily unable to have a special needs
unit (e.g., during times of high inmate counts or because of a
construction project);
ii. the facility does not have a special needs unit; or
iii. another correctional institution can offer the inmate better quality of
life (e.g., access to programs, services, etc.).
d. If an institution does not have the capacity or no other reasonable
alternative for a special needs inmate than using a segregation area, a
review of the inmate's needs is required and a Care Plan or Treatment
Plan (for inmates with a mental illness) is required by a mental health
provider in consultation with the inter professional team members. In these
instances (temporary and prolonged use), decisions must be clearly
documented as to why this location is being used in absence of a special
needs unit and indicate measures taken to promote integration,
accommodate the inmate's needs and provide them with access to the
same rights and privileges afforded the general population.

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6.2.3 Administrative Segregation
If segregation is the only viable option, efforts to integrate the inmate into the
general population as much as possible (including access to a day room,
programming, etc.) must be implemented short of undue hardship.

All inmates placed in segregation are proactively offered access to the Inmate
Information Guide and provided with a version of the Segregation Handout
information sheet which will be documented on the Segregation Decision/Review
Form.
a. When making segregation determinations each case is considered
individually on its own merits. Factors to be considered see 6.2.1 b, i to xvii.
b. An inmate will only be placed in administrative segregation when (see
reasons listed in 4.1.1 to 4.1.4).
c. When an inmate with mental illness is placed in segregation:
i. a physician will conduct a baseline assessment (as soon as possible)
to evaluate treatment and care requirements and to determine what,
if any, changes are required to the inmate's existing Treatment Plan
and/or Care Plan (in consultation with mental health providers and
other clinical staff and inter professional team).
ii. the psychiatrist will conduct a baseline assessment for inmate's with
mental illness when referred by the physician, to evaluate treatment
requirements and to determine what, if any, changes are required to
the inmate's existing Treatment Plan with the assistance of other
mental health provider(s) and/or clinical staff.
iii. a mental health provider will review an inmate with mental illness at a
minimum every 24 hours. When a mental health provider is not
available, another clinical staff may review the inmate and will follow
up with a mental health provider as soon as possible.
iv. further to the minimum review of every 24 hours, for inmates with a
mental illness, a physician or psychiatrist (as appropriate) will assess
the inmate's mental illness with the assistance of other mental health
providers and/or clinical staff (inter professional team if appropriate),
prior to each 5 day segregation review to determine if any changes
are required to the inmate's Treatment Plan and/or Care Plan.
v. clinical information will be documented in the Health Care file and the
Treatment Plan. Operational recommendations (e.g., triggers,
therapeutic alternatives, de escalation techniques, etc.) will be
documented in the Care Plan and shared with front line staff.
Identified members of the inter professional team will assist in
creation/updating of the inmate's Care Plan on an ongoing basis.
vi. inmates in segregation may also have other Code related needs
(e.g., pregnancy, etc.) which may require special monitoring or
accommodations.
vii. the care process (assessments/reviews) for placing inmates with
mental illness in segregation including responsible staff list is to be
placed in Standing Orders. Medical care in Ontario correctional
facilities requires the consent of an inmate.
d. An inmate on suicide watch or exhibiting self harming behaviour must not
be placed in the same segregation cell with another inmate under any
circumstances.

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 6.2.4 Close Confinement
a. If the superintendent or designate determines that the inmate has
committed a serious misconduct, the inmate may be placed in segregation
on close confinement.
b. When an inmate with mental illness is placed in segregation on close
confinement, the inmate will be assessed by a physician or psychiatrist (as
appropriate, see 6.2.3 c, i to vii).
c. Inmates placed on close confinement will be afforded the same conditions
of confinement, rights and privileges as inmates in general population.
However, the following discretionary exceptions may apply:
i. telephone privileges may be restricted to calls to a lawyer or other
person acting in an official capacity on behalf of the inmate in a legal
proceeding;
ii. the inmate's bedding may be removed for a reasonable period of time
each day but not during regular inmate sleeping hours;
iii. with the exception of personal hygiene items, excessive personal
property will normally be placed in safekeeping;
iv. canteen privileges may be suspended when imposed as part of the
misconduct disposition;
v. access to reading materials may be restricted to legal materials or
other items which are designed to assist in the inmate's rehabilitation
and normal functioning; and
vi. the duration of fresh air offered to inmates in close confinement may
be restricted to not less than 20 minutes each day.
6.2.5 Medical Isolation
a. Clinical staff can request that an inmate to be placed in medical isolation for
the purpose of treatment to protect the health and safety of the inmate or to
prevent the spread of disease.
b. The superintendent or designate, in consultation with clinical staff, will
continue to be responsible for decisions regarding the use of segregation
cells (i.e., administrative segregation) to isolate inmates for medical
reasons.
c. Inmates who have been placed in segregation for medical purposes may
only be placed in a cell with another inmate if approved by clinical staff and
if there are no security related compatibility concerns.

6.3 Health Care Assessment of Segregated Inmates

6.3.1 Whenever possible, clinical staff will perform assessment both before an inmate
is admitted to segregation and upon the release of the inmate from segregation.
Upon review, clinical staff (mental health provider for inmates with mental illness)
can recommend other therapeutic alternatives (e.g., access to quiet room,
access to worship room, arts/crafts, physical activity, reading/writing,
relaxation/meditation, sensory stimulus, supportive conversation/engagement,
etc.) for consideration as alternatives to segregation or as mitigation strategies.
6.3.2 In situations where the inmate poses an immediate threat to the security or safety
of the institution and needs to be removed prior to being seen by clinical staff, the
health care assessment is conducted as soon as possible after the inmate has
been admitted to segregation.
6.3.3 In situations where clinical staff is unavailable, the assessment is conducted as
soon as possible after the inmate has been placed into segregation (see 6.3.6).

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 6.3.4 Monitoring by a mental health provider is required when an inmate is placed in
segregation and has or is suspected to have a mental illness (see 6.2.3 c, i to
vii), intellectual disability or other Code related need (if required).
6.3.5 When force is necessary to bring a rebellious or disturbed inmate under control
while being placed in segregation or while in segregation, the operating manager
will ensure that clinical staff is immediately notified and an Accident/Injury Report
is initiated.
6.3.6 If clinical staff is not immediately available and it appears that the inmate has
sustained an injury warranting medical attention the inmate will be taken to a
community hospital. If it can reasonably be determined that an injury does not
require immediate medical attention, an Accident/Injury Report is completed and
the inmate will be assessed by clinical staff as soon as possible.

6.4 Placing Segregated Inmates Together

6.4.1 Placement of two inmates in the same segregation cell will only be considered as
a last resort when no alternative placement is available (unless this is to promote
integration and minimize isolation). The operating manager will conduct a
comprehensive compatibility assessment before inmates in segregation are
placed in the same cell.
6.4.2 If a shortage of segregation cells necessitates placing inmates together:
a. the inmates must first be assessed for compatibility;
b. the inmates must be strictly monitored in accordance with the text below
(see 6.5);
c. inmates with mental illness are not to be placed in a segregation cell with
another inmate unless recommended by a mental health provider and
approved by the superintendent or designate. If so, rationale will be clearly
documented in the Segregation Decision/Review Form; and
d. the inmates must be separated as soon as suitable alternative placement
becomes available.
6.4.3 When inmates in segregation are housed together the Segregation Compatibility
Assessment Form (Institution Templates - Operations - Segregation Compatibility
Assessment Form) must be completed.
6.4.4 Compatibility Assessment
a. The compatibility assessment and documentation will be particularly
thorough and observation of the inmates will be conducted at a minimum
every 20 minutes.
b. The compatibility assessment is done by the operating manager who:
i. completes the Segregation Compatibility Assessment Form and
places a copy on each inmate's file;
ii. consults with correctional staff currently supervising the inmates;
iii. consults with where practicable and where available, the clinical staff
when determining inmate compatibility;
iv. consults with, where practicable and where available, the
classification staff, social worker(s), spiritual care provider(s), other
clinical staff and/or mental health provider, etc., when determining
inmate compatibility; and
v. will interview the inmate separately to identify if there are factors or
issues that might preclude placing them together (e.g., a previous
dispute in the institution or community, or a dispute between friends
or associates).

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 Note: No inmate will be housed with another inmate in segregation or in
medical isolation while under the influence of alcohol or a non prescribed
drug.
c. A full review of each inmate's institutional and OTIS file will be conducted
paying particular attention to:
i. the OTIS screens for Alerts, Gangs and Non Association;
ii. the most recent LSI OR, Classification documentation;
iii. the inmate's legal status (e.g., sentenced, on remand, federal inmate,
immigration hold, etc.);
iv. the inmate's criminal and correctional history (i.e., previous pattern of
assault, predatory behaviour or victimization, particularly while
incarcerated);
v. particulars of the current offences(s);
vi. the presentence report (if available); and
vii. other factors and information that are relevant to the individual
compatibility (e.g., gender identity, psychiatric history, presence of
mental illness, language, etc.).

6.5 Monitoring Segregation and Special Needs Units

6.5.1 This text should be read in conjunction with Video Monitoring of Segregation and
Close Confinement Cells, and Suicide Prevention.
6.5.2 In addition to the supervision by unit officers, senior administration, on a regular
basis must also conduct monitoring/checks of segregation and special needs
units.
a. These monitoring/checks enable senior officials to observe and evaluate
conditions of confinement and discuss individual problems with confined
inmates.
b. A member of the senior administration will visit inmates in these units at
least once in every three day period.
6.5.3 The operating manager and clinical staff (i.e., nurse) and/or mental health
provider will visit the inmate daily, and by program staff upon completion of a
written request by the inmate.
6.5.4 The officer on duty maintains a permanent log record of the unit. The record
includes:
a. all admissions and releases, including the cell number, date, time, reasons
and authorizing official;
b. all activities and visitors;
c. all patrols of the unit;
d. observations of unusual or inappropriate behaviour will be:
i. brought to the attention of the appropriate personnel;
ii. include any actions taken; and
iii. documentation submitted (e.g., Occurrence Report to operating
manager).
e. any other information (e.g., inmate comments) or observations that may be
helpful to senior officials or officers on future shifts.
6.5.5 In addition, a separate and individualized record must be maintained for each
inmate in segregation, or similar cell (e.g., medical isolation).
a. Staff are to look into each cell and record the inmate's behaviour each time
the area is checked, detailing what the inmate is doing on the Observation
Report Form (Institution Templates - Operations - Dual - Observation
Report).

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 b. The record (i.e., Observation Report Form) is placed on or in very close
proximity to the cell entrance.
c. Segregation areas and areas containing inmates who require specialized
care will be patrolled at least 3 times each hour at intervals no more than 20
minutes apart.
d. Patrols may be conducted more frequently if directed by the superintendent
or designate.

6.6 Reviews of Inmates in Segregation (or other area designated as an extension of

segregation)

The review process is to ensure not only the wellbeing of the inmate, but also procedural
fairness. It should encourage ongoing communication (i.e., verbal or written) with the
inmate while in segregation. The inmate will be provided with the reasons for
segregation. The inmate must know the case to meet to be released from segregation
and be given opportunities to respond. These opportunities ensure that the inmate's side
of the story is heard. The inmate's response is acknowledged by providing a follow up
response that includes reasons for continued segregation, if that is the case.

6.6.1 Initial Placement

When an inmate is placed in segregation, a Segregation Decision/Review Form
is initiated by the superintendent or designate.
a. The details of the segregation placement are documented on the
Segregation Decision/Review Form.
b. Examples of details include but are not limited to:
i. any Code related factors (e.g., mental illness, etc.) which may cause
the inmate to be adversely impacted by segregation or which may
require accommodation (review of Care Plan updated by mental
health provider in consultation with clinical staff/inter professional
team);
ii. other alternative placements considered at the time of the
segregation placement and reasons for rejecting them to the point of
undue hardship; and
iii. reasons for segregation.
6.6.2 24 Hour Review
a. The superintendent or designate will conduct a preliminary review within 24
hours of an inmate being placed in segregation.
b. The inmate must be advised by the superintendent or designate of the
reasons and duration of the segregation and of any changes in these
conditions.
c. Other alternative placements considered at the time of the review (to
consider alternative placements, including information about alternatives
tried or which were rejected by the inmate), and reasons for rejecting them
to the point of undue hardship.
d. The inmate is also advised of the right to make a submission to the
superintendent or designate in writing or in person.
e. The inmate's decision to make a submission is documented on the
Segregation Decision/Review Form.
f. If an inmate indicates they wish to make a submission in person, the
interview must take place within five days of the inmate being placed in
segregation and documented on the Segregation Decision/Review Form or
on an Occurrence Report if additional space is required.

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 g. Mental health provider assessments/Care Plans are to be reviewed (see
6.2.3 c, i to vii).
6.6.3 5 Day Reviews
a. The superintendent or designate will, within five days, review the full
circumstances of the case, including any submission by the inmate, to
determine whether the inmate's continued segregation is warranted.
b. Prior to the initial 5 day review report being completed, the inmate is
provided an opportunity to make a written submission or in person
submission. Every subsequent 5 day review should include inmate in
person comments and/or additional written submissions (if the inmate has
provided/or has requested to provide a further submission). Some inmates
may require assistance (e.g., from a support worker, which may include a
mental health case worker, etc.) preparing a submission because of a Code
related need.
i. If it is a written submission, it is to be attached to the Segregation
Decision/Review Form.
ii. If it is an in person submission, include a summary of the inmate's
comments in the Segregation Decision/Review Form inmate
comment section and on an Occurrence Report if additional space is
required.
iii. An inmate can make a submission at any time throughout the time in
segregation, either in person or in writing, if the inmate indicates the
intention to do so.
c. Decisions to place or keep inmates in segregation will always be made on a
case by case basis after a careful examination of the specific
circumstances and any Code related factors which may apply.
d. Decisions to place or keep inmates in segregation will consider whether a
Treatment Plan and /or Care Plan is in place that may assist the inmate in
leaving segregation (mental health provider and /or clinical staff
assessment/Care Plan to be reviewed see 6.2.3 c, i to vii).
e. The superintendent or designate must review the circumstances of each
inmate in segregation at least once every five days to determine if the
continued placement is warranted.
f. The details of the 5 day reviews are documented on the Segregation
Decision/Review Form in superintendent or designate comment section and
on an Occurrence Report if additional space is required. Examples of
details include but are not limited to:
i. any Code related factors which may cause the inmate to be adversely
impacted by segregation or which may require accommodation
(review of Care Plan updated by mental health provider in
consultation with clinical staff/inter professional team);
ii. other alternative placements considered at the time of the review (to
consider alternative placements at every review including information
about alternatives tried or which were rejected by the inmate), and
reasons for rejecting them to the point of undue hardship (where
relevant Code related factors are present);
iii. any new reasons for segregation;
iv. any inmate submissions;
v. steps taken to minimize the negative effects of segregation and to
maximize integration and interaction with other inmates. These
should be considered and documented at every review phase and

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 implemented short of undue hardship (where relevant Code related
factors are present);
vi. reasons for continued segregation;
vii. reason for release from segregation; and
g. Information regarding when an inmate (with mental illness) was last seen
by a mental health provider is to be recorded on the Segregation and
Decision/Review Form.
6.6.4 30 Day Segregation Review
a. The superintendent or designate will ensure:
i. a review of the reasons for continued segregation has been
conducted when an inmate has been in segregation for a continuous
period of 30 days (includes inmates released on the 30th day) see
6.6.3, c to g.
ii. when an inmate is in segregation for a continuous period of 30 days,
the appropriate section (in superintendent or designates comments
section) of the Segregation Decision/Review Form and Occurrence
Report if additional space is required, is completed and submitted to
the regional director or designate within 3 business days of the
inmate's 30th day in segregation.
iii. before the report is completed, the inmate is provided an opportunity
to make a written or an in person submission during the interview with
the superintendent or designate.
• If it is a written submission, it is to be attached to the
Segregation Decision/Review Form.
• If it is an in person submission, include summary of inmate's
comments in the Segregation Decision/Review Form inmate
comment section or an Occurrence Report if additional space
is required.
iv. if no inmates have been in segregation for 30 days during a calendar
month, the superintendent or designate will submit a nil report via
email to the regional director or designate by the 15th day of the
following month.
b. The regional director or designate will ensure:
i. the Segregation Decision/Review Form and related Occurrence
Report(s) are reviewed and any concerns are discussed with the
superintendent or designate.
ii. the details of the 30 day reviews are documented on the Segregation
Decision/Review Form (in regional director or designate comment
section) or on a report if additional space is required. Details include
but are not limited to:
• the reason for continued segregation;
• any Code related factors which may cause the inmate to be
adversely impacted by segregation or which may require
accommodation (see Human Rights section);
• any Code considerations applied that relate to the inmate's
need (e.g., provision for a translator or interpreter assistance,
etc.);
• what alternatives have been offered and rejected by the
inmate; what alternatives and accommodations to maximize
integration have been considered and rejected by the
superintendent or designate and explain why they amount to
undue hardship;

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 • information related to being seen by clinical staff and/or
mental health provider;
• information of suspected or known mental illness;
• information related to assessments completed by mental
health provider if the inmate has suspected or known mental
illness;
• information related to the completion of subsequent 5 day
needs assessments completed by a physician or psychiatrist
(as appropriate) for inmates with suspected or known mental
illness;
• information regarding the status of the inmate's Treatment
Plan and/or Care Plan; and
• reasons for supporting segregation or not supporting
continued segregation, including suggestions for alternatives
to be considered, offered or tried.
iii. a copy of the Segregation Decision/Review Form, including their
comments, is retained in the regional office.
iv. the original Segregation Decision/Review Form is returned within
three business days to the superintendent or designate for inclusion
in the inmate's file.
v. the above procedure must be followed for each continuous 30 day
period that the inmate remains in segregation.
vi. a Regional 30 Day Segregation Report (see items to be included
above in 6.6.4 b ii) to the ADM IS (to be reported to the Deputy
Minister) where an inmate is placed in segregation for a continuous
period of 30 days (includes inmates released on the 30th day). This
report will be submitted no later than the 5th day of each month.
6.6.5 60 Day Review Report
a. The superintendent or designate will track when an inmate has been in
segregation for a period of 60 aggregate days in one year and report to the
ADM IS (via the regional director or designate).
b. The superintendent or designate will notify the regional director or
designate within 3 business days when an inmate has been in segregation
for 60 aggregate days in one year (from the date inmate was admitted to
segregation) and to be reported every subsequent 30 aggregate days
thereafter (inmate housed in segregation). In this report, it will indicate if the
inmate has a mental illness or other Code related needs which may cause
them to be adversely impacted by a prolonged period of segregation (e.g.,
cognitive, emotional, social functioning and physical functioning). It will also
detail the reasons for continued segregation and any alternatives
considered and attempted to integrate the inmate out of segregation.
c. The ADM IS will be notified by the regional director or designate within 5
business days, at the beginning of every month when any inmate has been
in segregation in excess of 60 aggregate days in one year (from date
inmate was first admitted to segregation). The ADM IS will be notified if the
inmate has a mental illness. Any additional Code related factors (e.g.,
disability such as blindness or deafness, etc.), which may cause the inmate
to be disproportionately impacted by a prolonged period of segregation, will
also be identified.

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6.7 Using Segregation for Temporary Housing

6.7.1 In some situations, it may be necessary to place inmates for short durations of
several hours in segregation (not as a routine) due to special circumstance (e.g.,
for sleeping purposes, trans inmate risk assessment, etc.).This can only be done
where in the opinion of the superintendent or designate, the inmate must be
segregated to protect the security of the institution or safety of other inmates or
the inmate's own protection.
6.7.2 Since segregation in this situation may be considered a temporary extension of a
regular living unit, more than one inmate may be placed in the cell without
conducting a comprehensive compatibility assessment.
6.7.3 At no time, however, will general population and protective custody inmates be
placed in a cell together.

6.8 Protective Clothing

6.8.1 Security Gown and Special Bedding

a. Each institution will have a supply of sleeveless, tear resistant clothing and
special bedding for issue to inmates who:
i. based on an individual assessment, are considered to be potentially
suicidal or are on a suicide watch;
ii. are considered at risk for intentional or unintentional self harm if
issued routine bedding and clothing; or
iii. are destroying property or exhibiting other seriously negative
behaviour.
b. While these items (security gown and special bedding) are insulated, the
operating manager must make a personal check to ensure that the
temperature of the segregated area is suitable. When below room
temperature or if an inmate is requesting blankets and/or appears to be
cold additional security blankets may be provided.
c. Trilcor Industries is the only approved supplier of security gowns to
Correctional Services. Trilcor labels gowns in sizes small (fits medium torso
40 inch), medium (fits large torso 60 inch) and large (fits extremely large
torso 75 inch).
d. It is essential that size of the security gown be appropriate to the size of the
inmate and staff inspect the gown for any tears, threading, edging issues
prior to issuing to the inmate.
Note: Suicides have occurred in correctional facilities when large security
gowns were issued to small inmates and the armholes were used as
ligatures.
e. The superintendent or designate will ensure that a sufficient stock of all
gown sizes is maintained at the institution.
6.8.2 Modified Security Gown (Modesty Gown)
The purpose of the modesty gown is to provide a strategy to ensure that the
modesty of an inmate can be maintained even when the inmate is in state of
crisis and is unwilling to don appropriate clothing. The modesty gown is worn
only as a temporary alternative and correctional staff is to be present whenever
the modesty gown is worn by an inmate. The use of the modesty gown is only to
be used under direct supervision. The modesty gowns are to be laundered as
directed by the manufacturer after use.
a. Each institution will have a supply of sleeveless, tear resistant modesty
gowns for issue to inmates who:

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 i. require to be escorted while in a state of undress; and
ii. are unwilling to don appropriate clothing.
b. Trilcor Industries is the only approved supplier of modesty gowns to
Correctional Services. Trilcor labels gowns in sizes extra small, small,
medium, large, extra large and extra extra large.
c. It is essential that size of the modesty gown be appropriate to the size of
the inmate to ensure the inmate's modesty and safety.
d. The superintendent or designate will ensure that a sufficient stock of all
modesty gown sizes is maintained at the institution (i.e. Group A and B
institutions to have a minimum of 2 of each size, Group C and D institutions
to have a minimum of 4 of extra small, small, medium and large and 2 of
extra large and extra extra large).
e. The superintendent or designate will ensure the modesty gowns are placed
in a strategic area of the institution for use.

6.9 Documentation

6.9.1 The provisions of the Freedom of Information and Protection of Privacy Act
regarding documentation must be adhered to. This is particularly important when
a higher level of intervention is used. A written record is essential to provide
evidence based support for decisions. Written records include, but are not limited
to, the following documents:
a. Occurrence Report;
b. Misconduct Report;
c. Protective Custody Decision/Review Form;
d. Observation Report Form;
e. Segregation Decision/Review Form;
f. Care Plan;
g. Treatment Plan (assessment information by psychiatrist, physician or
mental health provider with therapeutic options, etc.);
h. Suicide Initiation Notice and Change/Cancellation of Suicide Watch Notice;
i. Enhanced Supervision Initiation Notice;
j. Log Book; and
k. Duty Notebook.
6.9.2 Clear documentation enhances inter professional communication and provides
evidence to show that all factors relevant to the placement decision have been
considered, including an assessment of:
a. Code related needs (e.g., physical, mental illness, social, intellectual
disabilities) which may cause the inmate to be adversely impacted by the
placement or the process used or which may require additional
accommodations;
b. alternatives to placement and steps taken to maximize integration that were
explored/implemented in order to accommodate Code needs and the
rationale for rejecting them;
c. the potential risk to the individual inmate;
d. the potential risk to employees, other inmates and the public;
e. the rationale for using special management strategies (e.g., for violent,
unstable or unpredictable inmates);
f. in the case of a communicable disease or other health care condition, the
degree of infectiousness or requirement to provide special medical care
(e.g., medication, monitoring, personal hygiene, etc.); and
g. the availability of suitable placement.

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 09-02 1 of 6
Subject Date
SECURITY JUNE 2012

2A SEGREGATION UNIT

1. Policy

The 2A Segregation Unit is a fixed post designed to provide cellular accommodation for those inmates who have
demonstrated a need to be removed from the general population. The term segregation, however, has a dual
concept attached in that the confinement of an inmate may be accommodated either in the Segregation Unit or
within any living unit. For our purposes there are only two terms which will be applied to describe inmates
classified to a Segregation status. These terms are as follows:

 Close Confinement: Separation from the general population as a penalty for the violation of institutional rules
or Ministry regulations.

 Administrative Segregation: Administrative and/or medical separation from general population for any
reason other than Close Confinement. Inmates who are classified for various reasons, i.e., Protective Custody,
Medical, Security, etc.

2. Procedure

2.1 The level of security maintained in this unit is of utmost importance. The unit will be manned by
Correctional staff 24 hours a day. The door to the unit will remain locked at all times with the exception of
21:45 to 07:00 hours when inmate movement does not normally occur.

2.2 At the commencement of each shift and during relief periods, Officers assigned to the area will be
responsible to familiarize themselves with the status of each inmate and will sign the back of the “Daily
Segregation Status Report” as verification.

2.3 At the conclusion of each shift the 2A Segregation Officer will complete a “Segregation Observation Notes”
form for every inmate housed in the unit.

2.4 The 2A Segregation Officer will ensure that the area and inmates are observed at least minutes
(clockrounds) or more often as directed in writing by the Admitting and Discharge Manager or designate.
Suicide watch clockrounds will be conducted at least every minutes or more often as directed.

2.5 Medical staff will visit the unit at least twice daily. All such tours will be logged.

2.6 Observations of all staff present will be recorded in the unit logbook. The Admitting and Discharge
Manager will complete an inspection of the unit at per 12 hour shift while the Operational
Coordinator will be required to complete at tour per 12 hour shift.

2.7 In addition to the Segregation log, a separate sheet will be maintained to record the following:

2.7.1 showers
2.7.2 shaves
2.7.3 telephone use
2.7.4 exercise/fresh air
2.7.5 cell cleaning
2.7.6 clothing changes

2.8 Inmates in Segregation are required to have fresh air daily (staffing and weather permitting). They will
receive fresh air one at a time unless authorized by the Admitting and Discharge Manager or designate.
The segregation yard door will remain locked at all times during the Fresh Air program.
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and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 09-02 2 of 6
Subject Date
SECURITY JUNE 2012

2.9 Inmates will be expected to shower and shave daily (as staffing permits as determined by the Sergeant).
Inmates will shower separately one at a time and this will be recorded in the appropriate log. The grille
door to the shower will be locked at all times.

2.10 Inmates will normally receive clean undergarments daily. All inmates classified to Segregation will be
required to wear orange coveralls, unless on a ‘Suicide Watch’ and these will be changed at least twice
weekly (more often if supplies permit). This will be recorded in the appropriate log.

2.11 The status of inmates assigned to the Segregation unit will be reviewed every 24 hours by a Senior Staff
member/designate.

2.12 All meals served in the Segregation unit will be provided on paper plates and beverages in styrofoam cups
or juice pouches. Upon completion of each meal all such items will be removed to the garbage. The
inmate may retain one styrofoam cup for drinking purposes.

2.13 All inmates assigned to the unit will receive the evening snack “jug-up” regardless of status, unless
otherwise authorized in writing. The evening snack is part of daily caloric intake.

2.14 Other than those classified to Segregation, no inmate will be permitted in the unit except for the
designated Admitting and Discharge cleaner who will be supervised at all times while in the unit. Inmates
on lock-up status in other areas of the institution may be provided with supervised fresh air in the
Segregation Yard under the direction of an Sergeant.

2.15 Inmates assigned to 2A Segregation are required to sweep, mop and dust their cells daily, when staff are
available. Inmates are also required to clean their toilet and remove any refuse. This process will be
recorded in the appropriate log.

2.16 Inmates assigned to the 2A Segregation unit will be escorted at all times. Only one inmate from the
Segregation unit will be allowed in the normal visiting area and one in the “Old Female Visiting Module” at
a time. Professional visits will normally be conducted in the 2B area and supervised by staff assigned by
the A&D Manager/Shift Coordinator. No outside personnel will be permitted access to the Segregation
Unit unless authorized in advance by Senior Staff or the Security Manager.

2.17 The “Monthly Lockup List” will be maintained by the 2A Segregation Officer. All admissions to the
Segregation unit will be updated on the computer by Central Control staff or Admitting and Discharge staff.

2.18 No cell will be opened unless operational staff are present.

3. Procedure for Inmate Admission

3.1 Inmates will only be admitted to 2A Segregation with authorization of an Sergeant.

3.2 The Segregation Officer will inspect and prepare the cell when prior notification is received that an inmate
is being reclassified to the unit. The Officer will be responsible to ensure that the cell is clean, free of
contraband and in good working order. Cells will be searched and any deficiencies will be logged in
the Segregation and Maintenance Logbooks.

3.3 When the inmate arrives, the Segregation and escort Officers will be responsible for performing a strip
search of the inmate and issuing clean clothing.

3.4 The Segregation Officer will be responsible for ensuring the proper status of the inmate has been
recorded, i.e., Medical, Security, Close Confinement, etc.
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and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 09-02 3 of 6
Subject Date
SECURITY JUNE 2012

3.5 The following documents will be received from the escorting Officer:

3.5.1 Unit Notification Card

3.5.2 Personal Property Declaration for Segregated Inmates (with itemized list).

3.6 The admission of the inmate will be recorded in the unit log, including the inmate’s full name, status,
number and any other relevant information such as behaviour, mood or mental state. This entry will also
include the name of the Sergeant authorizing the admission.

3.7 The inmate’s name will be entered on the “Monthly Lockup List” ensuring all relevant sections are
completed, i.e., name, number, status, date admitted, etc.

3.8 The 2A Segregation Officer will initiate the “Admission Information/Personal Data” form and place the
completed form on the clipboard outside the inmate’s cell.

3.9 The 2A Segregation Officer will ensure that the inmate was seen by Medical prior to admission to the unit.
If the inmate has not been seen, the Officer will inform Medical to attend the unit for assessment.

3.10 The inmate’s personal property and attached itemized list will be reviewed by the Segregation Officer in
the presence of the inmate to ensure accuracy (this process will be signed as completed by the inmate
and the Officer). Any property to which the inmate is entitled will be given to the inmate and recorded on
the Property Declaration. The remaining itemized property will be placed in the property cupboard in the
mattress, clean linen and clothing closet in the 2A shower area. Access to this property will require the
A&D Manager’s or designate’s approval.

4. Status Categories

4.1 Close Confinement (with privileges)

1 mattress, 1-2 blankets, 2 sheets, 1 pillow;
1 towel, 1 comb, 1 toothbrush, 1 toothpaste;
1 bar soap, 1 deodorant, 1 styrofoam cup;
1 book, 1 bible if requested, 1 magazine, 1 pad writing paper, 1 doodle pad;
1 pencil, 6 envelopes, 6 photographs;
shoes without laces (to remain outside the cell).

4.1.1 All other property will remain locked in the 2A cupboard.

4.1.2 Twenty-minute phone use will be offered twice daily.
4.1.3 Showering and shaving will be offered daily. Any deviations will be noted by the Sergeant in
charge in the Segregation Logbook.

4.2 Close Confinement (loss of all privileges)

1 sleeping pad (20:00 - 08:00 hours), 1-2 security blankets
1 towel, 1 comb, 1 toothbrush, 1 toothpaste, 1 bar soap
1 styrofoam cup, 1 bible if requested
shoes without laces (to remain outside the cell)

4.2.1 All other property will remain locked in the 2A cupboard.

4.2.2 Phone use will be by request for lawyers and Ombudsman only.
4.2.3 Showering and shaving will be offered daily. Any deviations will be noted by the Sergeant in
charge in the Segregation Logbook.

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and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 09-02 4 of 6
Subject Date
SECURITY JUNE 2012

4.3 Medical (Isolation)

same as Close Confinement (with privileges)

4.3.1 Property will be the same as Close Confinement (with privileges).

4.3.2 Phone use and showers will be offered daily (staff and time permitting) but the inmate will be
required to disinfect the phone and shower after use.

4.4 Medical (Suicidal)

no sleeping pad, sheets or pillows
2 security blankets, 1 security gown
1 styrofoam cup (to be removed immediately after meal issue)
shoes without laces (to remain outside the cell)

4.4.1 All other property will remain locked in the 2A cupboard. Variations to this list must be approved
by the Admitting and Discharge Manager or designate.
4.4.2 Phone access will be by Inmate Request only.
4.4.3 Showering will be offered daily. Any deviations will be noted by the Sergeant in charge in the
Segregation Logbook.
4.4.4 Writing materials may be given upon request, however, the Segregation Officer will supervise
the inmate and ensure that the materials are removed and accounted for after use.
4.4.5 Inmates on Suicide Watch will be offered hydration between meals

4.5 Medical (Psychiatric)

1 sleeping pad, 1-2 security blankets, 1 security gown (if approved by the A & D Manager);
1 towel, 1 bar soap, 1 comb, 1 toothbrush, 1 toothpaste;
1 styrofoam cup, 1 book, 1 magazine;
shoes without laces (to remain outside the cell)

4.5.1 All other property will remain locked in the 2A cupboard.

4.5.2 Twenty-minute phone use will be offered twice daily.
4.5.3 Showering and shaving will be offered daily. Any deviations will be noted by the Sergeant in
charge in the Segregation Logbook.
4.5.4 Writing materials may be given upon request, however, the Segregation Officer will supervise
the inmate and ensure that the materials are removed and accounted for after use.
4.5.5 The above list may be amended by the Admitting and Discharge Manager or designate.

4.6 Medical (other)

It is impossible to set up procedures for every medical admission. The Officer assigned to Segregation will
refer to the “Admission Information/Personal Data” form in order to determine the handling instructions.

4.7 Administrative (Protective Custody)

same as listed for Close Confinement (with privileges).

4.8 Administrative (Security)

4.8.1 It is impossible to set procedure for all security needs/requirements, the Officer assigned to
Segregation will refer to the “Admission Information/Personal Data” form in order to determine
instructions.

4.8.2 Further restrictions may be placed on the cell contents list if an inmate’s operational or security
status requires, as noted in any special handling instructions.

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and Correctional Services

Institution Section Page

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5. Procedure for Inmate Discharge

When an inmate is discharged from the 2A Segregation unit the following will apply:

5.1 The Segregation Officer, in the presence of the inmate and the escorting Officer, will check the contents of
the personal property against the Personal Property Declaration form prior to the inmate leaving the unit.

5.2 Once satisfied that all property is in order, the Segregation Officer, Escort Officer and inmate will be
required to sign the form.

5.3 The completed Personal Property Declaration for Segregated Inmates form will be placed in the inmate’s
Institution file.

5.4 The escort Officer will then escort the inmate to the Medical unit for assessment prior to level placement.

6. Care/Control of Inmate Property

When an inmate is classified to the 2A Segregation unit the following procedures will apply:

6.1 The Operational Coordinator will designate a staff member to collect and itemize the inmate’s personal
property. This will be done using the “Personal Property Declaration” form. Whenever possible, this
should be done with the inmate present. The Pod Officer will record the removal of the inmate’s property in
the unit log and note the time and staff member involved.

6.2 The Officer will ensure the property is enclosed in a pillowcase that will be sealed and tagged to indicate
the inmate’s name, number and location. The itemized Property Declaration will be attached.

6.3 The assigned staff member will take the property to the 2A Segregation unit where the contents will be
checked and confirmed by the Segregation Officer and the inmate.

6.4 The inmate will be given any entitled property and the remaining property will be placed in the 2A
cupboard and secured.

6.5 During the time the inmate is housed in the unit, all property additions or deletions must be authorized by
the A&D Manager or an Sergeant.

6.6 Canteen orders are only authorized for inmates allowed privileges. When canteen items are received for
inmates not allowed same, they shall be placed in the inmate’s property and the property sheet will be
amended to reflect the items placed in the inmate’s property.

7. Inmate Request for Protective Custody in Segregation

7.1 When an inmate requests Protective Custody in Segregation he will be required to complete and sign an
“Inmate Protective Custody Decision/ Review” form.

7.2 The inmate will acknowledge the fact that certain benefits or privileges may not be available to him by
signing the form.

8. Key Security

8.1

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Institution Section Page

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8.2

9. Search Reports

9.1 Searches of the 2A Segregation unit are to be reported as part of the Search Report Package. The
objective is to ensure that at least once per week the entire Segregation unit is searched.

9.2 cell and inmate searches will be conducted, recorded on the Search Reports and logbooks and filed
in the unit until the end of the calendar month.

9.3 searches will be recorded on the Search Report package and the associated search report
will be attached.

9.4 The primary responsibility for ensuring that the above procedures are followed rests with the Admitting and
Discharge Manager.

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Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Release Date:
Technology October 2009
Sub-Section:
N/A

Video Monitoring and Recording

Policy
Video monitoring is designed to protect the safety and security of inmates, employees, visitors and the
public and may be deployed with or without recording capability. This technology does not lessen the
responsibility of employees to remain vigilant and carry out the full range of prescribed security
functions while performing their duties (e.g., patrols, observations, counts and searches).

Personal information collected by video monitoring and recording equipment may relate to inmates,
staff, visitors and members of the public. Part Ill of the Freedom of Information and Protection of
Privacy Act sets out rules governing the collection, use, disclosure, retention and disposal of personal
information to which Correctional Services must adhere.

The Superintendent shall designate one or more employees to be responsible for ensuring adherence
to statutory requirements governing personal information collected by video monitoring equipment.
These employees shall be identified in the Standing Orders.

Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry".

Regulations under the Ministry of Correctional Services Act, ref. "Duties of Superintendent, Health Care
Professionals, Employees"; "Searches"; "Inmate Misconduct"; and "Segregation".

Freedom of Information and Protection of Privacy Act, Part III, ref. "Protection of Individual Privacy".

Procedures
Also refer to the text entitled Closed Circuit Television.

Notice of Collection of Personal Information

In institutions where closed circuit television (CCTV) cameras and/or video recording equipment are
used, the following sign must be posted at the main entrance to the property and the admitting and
discharge and segregation areas:

Note: These premises are monitored by Closed Circuit Television Cameras and Video Recording
Equipment for your safety and security.
262
Use of Personal Information
Tapes produced by CCTV cameras and video recording equipment may only be used for statutory or
legal purposes or matters relating to the safety and security of the institution (e.g., for a legal, tribunal or
disciplinary proceeding). Without the written consent from all individuals captured on the tape, it is not
acceptable to use the tapes for routine training.

Disclosure of Personal Information

The Freedom of Information and Protection of Privacy Act describes circumstances where Correctional
Services may disclose personal information produced by CCTV cameras and video recording
equipment. Taped information may be disclosed to an employee who requires the information to carry
out employment responsibilities. It may also be disclosed to the Ombudsman Ontario to assist in an
investigation or to the police to aid in law enforcement.

If there is any doubt regarding the disclosure of taped information, the Superintendent or designate
must consult the ministry's Freedom of Information and Protection of Privacy Office.

Retention of Personal Information

The Regulations under the Freedom of Information and Protection of Privacy Act require that personal
information that has been used by a ministry must be retained for at least one year following the last
use of the information. Viewing a tape constitutes a "use of personal information" under the Act. Where
staff do not view tapes, there is no requirement to retain the tapes for a specified period of time and,
consequently, the tapes may be re used.

Note: Where CCTV cameras do not have playback capacity, the retention rules do not apply.

The Regulations under the Freedom of Information and Protection of Privacy Act also require that a
ministry must ensure that personal information under its control is kept secure and protected from
unauthorized access. CCTV camera and video recording equipment tapes must be maintained in a
secure cabinet to which only authorized persons are granted access.

Monitoring Recording Capability

To determine that videocassette-recording equipment is properly functioning and that a usable image
has been captured, staff must, when changing videotapes, briefly review the end of the tape being
replaced to ensure that an image is being recorded. Where the video equipment does not record to a
videocassette the Superintendent will determine, in writing, the frequency of the brief review. As a
minimum this review will be conducted weekly.

The results of these reviews are recorded in a logbook that is maintained in a secure location stipulated
by the Superintendent. If an image has not been recorded the Superintendent must be immediately
advised and an 'Occurrence Report' prepared.

The Freedom of Information and Protection of Privacy Office has indicated that this brief review (no
more than one or two minutes in duration) does not constitute a "use of personal information" under the
Freedom of Information and Protection of Privacy Act.

263
Each institution will develop local procedures to ensure that video recording capability is monitored.
These protocols must be included in the Standing Orders.

Disposal of Tapes
If a decision is made to dispose of a tape, the Regulation under the Freedom of Information and
Protection of Privacy Act require that the tape be destroyed in a secure manner that ensures that the
tape cannot be reconstructed.

Video Monitoring of Segregation and Close Confinement Cells

This text must be read in conjunction with the Placement of Special Management Inmates.

When there are reasonable grounds to believe an inmate in segregation or close confinement:

a. is, or is suspected of being, suicidal or at risk of serious self-harm;

b. is, or is suspected of being, under the influence of an intoxicant or is exhibiting symptoms of
drug or alcohol withdrawal;
c. is suspected of concealing an intoxicant or evidence of a serious misconduct or unlawful act
(e.g., ingested drugs for subsequent retrieval or concealing a weapon)
d. is on a medical alert; or
e. is suspected of concealing contraband or engaging in behaviour which poses a significant threat
to the safety of any person or to the security of the institution,

The Superintendent or designate may authorize video monitoring of the inmate. Based on the
characteristics of the institution, the Superintendent or designate will determine the most appropriate
location for the monitoring equipment. While the use of video monitoring equipment is permitted in
these accommodations, installation of the equipment will be at the direction of the Superintendent
following consultation with the Regional Director.

No employee will conduct video monitoring of an inmate in segregation or close confinement unless
authorized by the Superintendent or designate. Any employee found video monitoring an inmate
without authorization will be subject to disciplinary action.

The decision to video monitor an inmate will be made on a case-by-case basis and only after a careful
examination of the specific circumstances. Clear and compelling reasons demonstrating the need for
video monitoring will be compiled in a written record.

The Superintendent or designate will review the circumstances of an inmate subject to video monitoring
on a daily basis to determine whether continuation of the monitoring is warranted. These reviews will be
documented. When the grounds for conducting video monitoring of the inmate cease to exist, the
procedure must be discontinued immediately.

To demonstrate consideration and sensitivity towards the personal dignity and modestly of inmates,
normally only employees of the same sex as the inmate under surveillance will be assigned to view the
CCTV monitor. If necessary to meet this requirement, the surveillance may be conducted from a
secondary monitoring location where this capability exists. Where secondary monitoring capability is
not available, the employee directly supervising the inmate should be instructed to observe the inmate
at more frequent intervals (see Monitoring Segregation and Special Needs Units and Suicide
Prevention).

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 Adult Institutions Policy and Procedures
Ministry of Public Safety and Security Subject Number
Correctional Services ADI 04 04 01
Section Date

Security October 2009

Subject Page

Video Monitoring and Recording 1 of 4

POLICY

Video monitoring is designed to protect the safety and security of inmates, employees,
visitors and the public and may be deployed with or without recording capability. This
technology does not lessen the responsibility of employees to remain vigilant and carry out
the full range of prescribed security functions while performing their duties (e.g., patrols,
observations, counts and searches).

Personal information collected by video monitoring and recording equipment may relate to
inmates, staff, visitors and members of the public. Part Ill of the Freedom of Information
and Protection of Privacy Act sets out rules governing the collection, use, disclosure,
retention and disposal of personal information to which Correctional Services must adhere.

The Superintendent shall designate one or more employees to be responsible for ensuring
adherence to statutory requirements governing personal information collected by video
monitoring equipment. These employees shall be identified in the Standing Orders.

AUTHORITY

Ministry of Correctional Services Act, ref. "Functions of Ministry".

Regulations under the Ministry of Correctional Services Act, ref. "Duties of Superintendent,
Health Care Professionals, Employees"; "Searches"; "Inmate Misconduct"; and
"Segregation".
Freedom of Information and Protection of Privacy Act, Part III, ref. "Protection of Individual
Privacy".

PROCEDURES

Also refer to the text entitled "Closed Circuit Television".

Notice of Collection of Personal Information

In institutions where closed circuit television (CCTV) cameras and/or video recording
equipment are used, the following sign must be posted at the main entrance to the property
and the admitting and discharge and segregation areas:
Notice - These premises are monitored by Closed Circuit Television Cameras
and Video Recording Equipment for your safety and security.

Use of Personal Information

Tapes produced by CCTV cameras and video recording equipment may only be used for
statutory or legal purposes or matters relating to the safety and security of the institution
(e.g., for a legal, tribunal or disciplinary proceeding). Without the written consent from all
individuals captured on the tape, it is not acceptable to use the tapes for routine training.

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 Adult Institutions Policy and Procedures
Ministry of Public Safety and Security Subject Number
Correctional Services ADI 04 04 01
Section Date

Security October 2009

Subject Page

Video Monitoring and Recording 2 of 4

Disclosure of Personal Information

The Freedom of Information and Protection of Privacy Act describes circumstances where
Correctional Services may disclose personal information produced by CCTV cameras and
video recording equipment. Taped information may be disclosed to an employee who
requires the information to carry out employment responsibilities. It may also be disclosed
to the Ombudsman Ontario to assist in an investigation or to the police to aid in law
enforcement.

If there is any doubt regarding the disclosure of taped information, the Superintendent or
designate must consult the ministry's Freedom of Information and Protection of Privacy
Office.

Retention of Personal Information

The Regulations under the Freedom of Information and Protection of Privacy Act require
that personal information that has been used by a ministry must be retained for at least
one year following the last use of the information. Viewing a tape constitutes a "use of
personal information" under the Act. Where staff do not view tapes, there is no
requirement to retain the tapes for a specified period of time and, consequently, the tapes
may be re-used.
Note: Where CCTV cameras do not have playback capacity, the retention rules do not apply.

The Regulations under the Freedom of Information and Protection of Privacy Act also
require that a ministry must ensure that personal information under its control is kept
secure and protected from unauthorized access. CCTV camera and video recording
equipment tapes must be maintained in a secure cabinet to which only authorized persons
are granted access.

Monitoring Recording Capability

To determine that videocassette-recording equipment is properly functioning and that a

usable image has been captured, staff must, when changing videotapes, briefly review the
end of the tape being replaced to ensure that an image is being recorded. Where the
video equipment records to a format does not record to a videocassette the Superintendent
will determine, in writing, the frequency of the brief review. As a minimum this review will
be conducted weekly.

The results of these reviews will be recorded in a logbook that will be maintained in a
secure location stipulated by the Superintendent. If an image has not been recorded the
Superintendent must be immediately advised and an ‘Occurrence Report’ prepared.

The Freedom of Information & Protection of Privacy Office has indicated that this brief
review (no more than one or two minutes in duration) does not constitute a “use of
personal information” under the Freedom of Information and Protection of Privacy Act.

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 Adult Institutions Policy and Procedures
Ministry of Public Safety and Security Subject Number
Correctional Services ADI 04 04 01
Section Date

Security October 2009

Subject Page

Video Monitoring and Recording 3 of 4

Each institution will develop local procedures to ensure that video recording capability is
monitored. These protocols must be included in the Standing Orders.

Disposal of Tapes

If a decision is made to dispose of a tape, the Regulation under the Freedom of Information
and Protection of Privacy Act require that the tape be destroyed in a secure manner that
ensures that the tape cannot be reconstructed.

Video Monitoring Segregation and Close Confinement Cells

This text must be read in conjunction with the "Special Management Inmates".

When there are reasonable grounds to believe an inmate in segregation or close

confinement:
a) is, or is suspected of being, suicidal or at risk of serious self-harm;
b) is, or is suspected of being, under the influence of an intoxicant or is exhibiting
symptoms of drug or alcohol withdrawal;
c) is suspected of concealing an intoxicant or evidence of a serious misconduct or
unlawful act (e.g., ingested drugs for subsequent retrieval or concealing a weapon)
d) is on a medical alert; or
e) is suspected of concealing contraband or engaging in behaviour which poses a
significant threat to the safety of any person or to the security of the institution,

The Superintendent or designate may authorize video monitoring of the inmate. Based on
the characteristics of the institution, the Superintendent or designate will determine the
most appropriate location for the monitoring equipment. While the use of video monitoring
equipment is permitted in these accommodations, installation of the equipment will be at
the direction of the Superintendent following consultation with the Regional Director.

No employee will conduct video monitoring of an inmate in segregation or close

confinement unless authorized by the Superintendent or designate. Any employee found
video monitoring an inmate without authorization will be subject to disciplinary action.

The decision to video monitor an inmate will be made on a case-by-case basis and only
after a careful examination of the specific circumstances. Clear and compelling reasons
demonstrating the need for video monitoring will be compiled in a written record.

The Superintendent or designate will review the circumstances of an inmate subject to

video monitoring on a daily basis to determine whether continuation of the monitoring is
warranted. These reviews will be documented. When the grounds for conducting video
monitoring of the inmate cease to exist, the procedure must be discontinued immediately.
To demonstrate consideration and sensitivity towards the personal dignity and modestly of
inmates, normally only employees of the same sex as the inmate under surveillance will be
assigned to view the CCTV monitor. If necessary to meet this requirement, the

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Ministry of Public Safety and Security Subject Number
Correctional Services ADI 04 04 01
Section Date

Security October 2009

Subject Page

Video Monitoring and Recording 4 of 4

surveillance may be conducted from a secondary monitoring location where this capability
exists. Where secondary-monitoring capability is not available, the employee directly
supervising the inmate should be instructed to observe the inmate at more frequent
intervals (see "Monitoring Segregation and Special Needs Units" and “Suicide Prevention”).

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 09-03 1 of 1
Subject Date
SECURITY NOVEMBER 2010

VIDEO MONITORING OF SEGREGATION (2A and 1B) - FEMALE AND MALE

When there are reasonable grounds to believe an inmate in segregation:

 is, or is suspected of being, suicidal or at risk of serious self-harm;
 is, or is suspected of being, under the influence of an intoxicant or is exhibiting symptoms of drug or alcohol
withdrawal;
 is suspected of concealing an intoxicant or evidence of a serious misconduct or unlawful act (e.g. ingested
drugs for subsequent retrieval or concealing a weapon);
 is on a medical alert, or;
 is suspected of concealing contraband or engaging in behaviour which poses a significant threat to the safety
of any person or to the security of the institution,
the Superintendent or designate may authorize video monitoring of the inmate.

No employee will conduct video monitoring of an inmate in segregation or close confinement unless authorized by
the Superintendent or designate. Any employee found video monitoring an inmate without authorization will be
subject to disciplinary action.

The decision to video monitor an inmate will be made on a case-by-case basis and only after a careful examination
of the specific circumstances. Clear and compelling reasons demonstrating the need for video monitoring will be
compiled in a written record.

The Superintendent or designate will review the circumstances of an inmate subject to video monitoring on a daily
basis to determine whether continuation of the monitoring is warranted. These reviews will be documented. When
the grounds for conducting video monitoring of the inmate cease to exist, the procedure must be discontinued
immediately.
To demonstrate consideration and sensitivity towards the personal dignity and modestly of inmates, normally only
employees of the same sex as the inmate under surveillance will be assigned to view the CCTV monitor.

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 09-08 1 of 3
Subject Date
SECURITY JUNE 2012

LOGBOOKS

1. Policy

As correctional institutions are legally mandated to carry out the dispositions of the courts; required to comply with
a variety of legislative and government/Ministry policies; and accountable to various agencies and the public, it is
essential that accurate, timely and comprehensive records be maintained regarding institutional operations,
occurrences and information regarding incarcerated inmates. Logbooks and other log records are official Ministry
documents and may be subpoenaed or required for judicial or investigation purposes, therefore, their completion
and maintenance needs to reflect this high degree of responsibility.

2. Procedure

All institutional logbooks shall be formatted, completed and maintained in accordance with the standards below:

2.1 For security reasons, no inmate shall be permitted to view the contents of any institutional logbook. All
logbooks must remain closed and properly secured when staff are not actively engaged in the process of
making entries.

2.2 The logbook shall be clearly identified by location, activity or assignment.

2.3 A new page shall be started for each shift or designated assignment. Following the “shift changeover”
entries at the conclusion of a shift, a diagonal line shall be drawn through any unused portion of the page.

2.4 The date, shift name, surname, first initial and identification (badge) number of all staff assigned to the
area and the surname of the Sergeant assigned to the area must be legibly printed in CAPITAL LETTERS
at the top of each logbook page.

2.5 The first and last entries on a shift shall record the transfer or assumption of responsibility between all the
area’s incoming/off-going staff, including the inmate count, keys, all security equipment/items, status of
area (agitated, noisy, quiet, disruptive, etc.), the names of the employees relieving and being relieved and
any other relevant information. Such entries shall include the full signature of the employee making the
entry.

Note: Only the total number of the area’s keys being exchanged has to be recorded on the Shift
Changeover Certificate completed between all oncoming and departing staff. This is a shared
responsibility between all departing and oncoming staff assigned to each area who will confirm on the Shift
Changeover Certificate that the specific number and description of the area’s keys accurately reflect those
listed in their logbook.

2.6 Each entry shall be in black ink ballpoint pen only, legible, chronological and include the time, comments
or activity and initials of the person making the entry.

2.7 Log entries shall be professional in content and expression. All entries will be devoid of slang,
abbreviations, ditto marks, malicious or hostile language, profanity and personal commentaries. The only
exception is where an individual’s actual words are deemed significant to be recorded and then these
words are to appear inside quotation marks and Ministry approved abbreviations, i.e. C.O., O.M., I/M.

2.8 All times shall be recorded using the 24-hour clock.

2.9 No annotations or marginal entries shall be written in any logbook.

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and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 09-08 2 of 3
Subject Date
SECURITY JUNE 2012

2.10 A running count of inmates shall be maintained with every entry. If an employee is responsible for two or
more areas, e.g. dayrooms, dorms, the counts for each area shall be recorded separately.

2.11 All routine activities, important occurrences and observations shall be recorded. These shall be drawn to
the attention of supervisory staff and any employees assuming responsibility for the area or activity.

2.12 The names of all persons visiting the area or activity site, their profession and/or job title, the reasons for
the visit and their entry and exit times shall be recorded.

2.13 Entries by senior administration and supervisory staff shall be in red ink and include a full signature.

2.14 All inmate movement outside their dayroom/dormitory shall be recorded. The entry shall include the
reasons for the movement, the times of exit and entry, the names of the inmates moved and the names of
the escorting employee(s).

2.15 All bed/cell changes within a living unit shall be recorded along with the reasons and name of the staff
authorizing such changes.

2.16 Errors shall always be corrected by drawing a single line through the error and initialling the correction so
that the original text remains legible. There shall be no use of pencilled entries, erasures, liquid paper or
similar corrective devices.

2.17 Where late entries occur, the time of the logbook entry shall be recorded in the “time” column and the
words “Late entry:” shall precede the text in the “disposition” column. The actual time the activity or event
occurred shall be included in the disposition, e.g. 09:30 Late entry: cleaning equipment removed from
dayroom at 08:45 hours.

2.18 The following list, which is reflective of institution operations but not all-inclusive, describes other activities
that shall be documented:

 all formal, informal and emergency counts;

 the issuance and return of razors and other institutional-issue personal hygiene items;
 presence of/tours by supervisory staff and senior administrators;
 the arrival and departure of meal carts;
 meal serving, including an accurate accounting of the issuance, return and correct number of
utensils/materials; (spoons, trays, lids and disposable meal trays)
 exit and entry times and names of all employees involved in relief or post absences for rest
periods, meal breaks, emergency alarm responses, fire alarm responses, reassignment, etc. In
regard to relief periods, the surname, title and full signature of the employee being relieved and
also the employee assuming responsibility for the area shall be indicated, as well as the number of
inmates, keys and security equipment received. Any additional log entries during the relief period
shall be signed by the Officer;
 patrols, security checks and clock rounds;
 any deficiencies and/or damage to any equipment or fixtures;
 laundry changes;
 entry and exit times and names of Maintenance staff performing repairs and/or inspections;
 cleaning of areas, including name(s) of cleaner(s) out of the dayroom/dormitory;
 all tests of emergency alarms and mobile radio alarms for both day and night shifts;
 strip searches of inmates including reason for search and findings;
 releases and transfers out of the Unit with reasons and new admissions to the area along with any
pertinent notations, cautions;

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and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 09-08 3 of 3
Subject Date
SECURITY JUNE 2012

 behavioural/security observations and occurrences that should be/are brought to the attention of
supervisors and relieving staff;
 names of professional, volunteer visitors and agencies staff and purpose of visit;
 medication issue;
 emergency, fire alarms and area fire drills.

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Ministry of Institutional Services
Community Safety
and Correctional Services Policy and Procedures Manual
Section: Release Date:
Transfers and Transportation March 2011
Sub-Section:
Transfers

Community Escorts and Transportation

Policy
When an inmate is under escort in the community or otherwise being transported, the method
of transport, the number of trained escorts and the use of security measures and equipment
must be sufficient to ensure the continuing safe custody of the inmate, the safety of the
employees and the public. Community escorts of inmates will not occur where there are
reasonable alternatives available to leaving the institution.

In addition to knowledge and training concerning static security and communication equipment,
escort staff must exercise constant vigilance and awareness to ensure effective and timely
responses to emergent situations.

Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry"; "Custody during
conveyance"; "Admissions and transfers"; "Provincial bailiffs"; "Hospital treatment"; "Bailiffs";
and "Rights to care."

Regulations under the Ministry of Correctional Services Act, ref. "Duties of superintendent
Health Care Professionals, Employees."

Occupational Health and Safety Act, ref. "Duties of employers"; "Additional duties of
employers"; "Duties of supervisor"; and "Duties of workers."

Regulations under the Aeronautics Act, series VIII, No. 1, part IV, ref. "Carriage of Persons
under Escort."

273
Procedures
This text must be read in conjunction with Transferring Inmates Between Institutions.

274
Community escort equipment is only to be used for community escorts and must not be taken
out of the institution without the approval of the superintendent or designate. It will not be
stored in any location other than designated areas. As soon as the escort is concluded the
equipment must be returned to the institution.

Storing Community Escort Equipment

Information on controlling, storing and maintaining soft body armour is contained in
Maintenance and Storage of Body Armour. All other community escort equipment must be
stored in a secure area, within the institution, designated by the superintendent. Bi-monthly
audits are to be conducted to ensure that duty belts, expandable batons and scabbards, Mk 4
OC aerosol foam, Peerless hinged handcuffs with keys and handcuff pouches are accounted
for and in good working order.

Local procedures on the storage, management and auditing of all community escort equipment
must be included in the standing orders.

Cleaning and Sanitizing Community Escort Equipment

The procedures for cleaning and sanitizing community escort equipment are contained in
Cleaning, Sanitizing and Disinfecting Security Equipment and Radio Microphones.

Disposal of Community Escort Equipment

The procedures for disposing of community escort equipment that are damaged, are outdated
or have been upgraded are included in Disposal of Security Control Equipment.

General Security Measures

The following security measures are mandatory for all community escorts of inmates:

a. escorts will be conducted by individuals who have successfully completed community

escort training;
b.

275
 c.

e. in the absence of Canadian Police Information Centre data indicating otherwise, an

inmate is deemed to be high risk;
f. at least one escort of the same sex as the inmate will be assigned unless exceptional
circumstances exist;
g. when more than one inmate is being transported at the same time, efforts must be
made to ensure that the inmates are of compatible status (e.g., general population,
protective custody, etc.);
h. all inmates must be strip searched prior to leaving and upon return to the institution;
i.

j.

k. restraints must be checked at frequent intervals to ensure that the equipment has not
been tampered with;
l.

m. supplementary assignments or personal errands must not be performed while

conducting escorts;
n. details about a community escort such as dates, times and routes must not be
communicated with anyone except persons involved in the administration of justice or
medical professionals directly involved with the treatment of the inmate(s); and
o. during transport, an escort must be seated so as to maintain continuous observation of
the inmate(s).

Escorts on Commercial Airlines

Consistent with the air carrier security regulations made pursuant to the Aeronautics Act the
following procedures apply where an inmate is transported on a commercial airline:

276
 b.

c. whenever possible, inmates and escorts will board in advance of other passengers and
will remain seated until all other deplaning passengers have left the airplane
d. escorts must search the inmate, the inmate's accessible belongings, the seat and the
surrounding area assigned to the inmate for any contraband that could endanger flight
safety;
e. escorts and inmates must not consume any alcoholic beverages;
f. inmates will be in restraints while on board the aircraft for the duration of the flight;
g. inmates must not be seated adjacent to a regular or emergency exit;
h. escorts must accompany inmates at all times; and
i. at the destination, fully trained and equipped escort officers will meet the escorts outside
the security area. After the OC foam and ASP batons are replaced or the other trained
escort staff have taken over, the escort will continue as scheduled.

Escorts to Health Care Facilities

To enhance safety and security and to facilitate the arrangements for medical and health
related escorts, the local Joint Occupational Health and Safety Co-Chairs will liaise with the
local health care facility administrators regarding the duties of escorts and health care
professionals, confidentiality, public safety, security procedures, provision of meals and other
pertinent issues. As part of these discussions, hospital staff will be requested not to include
inmates' names in the health care facility's register for the purpose of responding to public
inquiries.

When conducting a community escort at a health care facility, it is imperative that escort staff
are familiar with that facility. This includes, but is not limited to internal emergency numbers,
entry/exit locations, stairwell locations, the facility's address, local emergency protocols and the
name of the individual responsible for security at the location.

Access to hospital telephones by community escort staff for routine and/or emergency
purposes will be part of the security procedures arranged with the health care facility.

Community escorts for medical and health reasons will only occur when circumstances do not
reasonably allow for the required procedure and/or examination to be conducted at the
institution. When an inmate must be taken to a community health care facility, the following
additional security measures will apply:

a. once an inmate is scheduled to attend a community health care facility and the security
level of the inmate is known, an operational manager will determine whether police
assistance is required;
b.

c. escorts and inmates must comply with the rules, regulations and requests of the health
care facility except where doing so could compromise safety or security. If any rule,
regulation or request conflicts with the operational manager's original instructions, the

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 escorts must contact the manager for additional instructions. In the interim, original
instructions are to be adhered to unless a medical practitioner states that doing so could
endanger the inmate's life;
d. as far as practicable, normal institution routines and regulations will apply for
hospitalized inmates with the exception of visits. All visits will be arranged through the
institution and not directly with the escorting officers and inmate. Visits will be restricted
to legal counsel and immediate family. (Immediate family includes a spouse, same-
sex/opposite-sex partner, children, parents, siblings and grandparents. Legal counsel
includes a member of the Law Society of Upper Canada representing the inmate or an
articling student designated by the member.) The superintendent or designate may
authorize other visits in exceptional or extenuating circumstances;
e. no inmate will be permitted to use the telephone without submitting a request and
receiving authorization from the operational manager;
f.

g.

h.

i. shift exchanges of escorts at health care facilities will occur at regular intervals and be
confirmed with an operational manager;
j.

k.

MRI Procedures
The exchange of metal restraints with non-metallic ASP Tri-Fold Disposable Restraints during
an MRI, allows inmates to continue to be restrained and the MRI completed without the
problems associated with metal restraints.

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The operational manager will determine, either in the writing in the "Community Escort Log" or
by telephone, if circumstances dictate, whether the ASP Tri-Fold Disposable Restraint will be
used.

The Tri-Fold Disposable Restraints are to be used on the ankles only unless the inmate is
classified as high risk and additional restraints are required or if the nature of the injury
prevents the use of the tri-fold restraints on the ankles. In these circumstances, the operational
manager will determine if the tri-fold restraints will be applied to the ankles only, wrists only or
ankles and wrists, depending on the level of risk and the reason for the MRI scan.

Disposal and Replacement of the Tri-Fold Restraints

The used Tri-Fold Restraints must be returned to the institution for replacement and disposal
by the operational manager.

For normal medical escorts, this occurs upon return to the institution.

For hospitalized inmates, the escorts will, as soon as possible after Tri-Fold Restraints are
used, inform the operational manager that a replacement is required. The operational manager
will, as soon as practicable, ensure that replacement Tri-Fold Restraints are provided to the
escorts and that the used ones are returned to the institution for disposal.

Note: Instructions for using the Tri-Fold Restraints and the Scarab Cutter are included, by the
manufacturer, with each order.
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Assuming Custody from Police
When Correctional Services assumes custodial responsibility for a hospitalized inmate from
police the escorting officers complete the admission process. The operational manager, in
consultation with the superintendent or designate, is responsible for determining whether
additional security measures are required and placing the inmate on an escorted medical
Temporary Absence.

Attendance at Funerals and Visitation

A funeral or wake escort requires a great deal of diplomacy, consideration and sensitivity to
others to maintain the appropriate balance between compassion and public safety.
Accordingly, in addition to any other security measures, the following will apply:

d. if it is necessary for the inmate to remain overnight, prior arrangements must be made
to have the inmate held at the closest adult institution;
e. at the discretion of the superintendent or designate, the inmate may wear civilian
clothing;
f. consideration should be given to arranging a private viewing of the deceased as
opposed to attending the funeral.

Escorts for Family Medical Emergencies

At times, it may be necessary to provide escorts for an inmate whose family has suffered a
serious medical emergency. Prior to considering such an escort, the superintendent or
designate will verify the status of the medical emergency with the appropriate health care
facility.

A family medical emergency includes a life-threatening injury, illness or medical condition to

the inmate's spouse, parents, sibling or children. A family medical emergency requires a great
deal of diplomacy, consideration and sensitivity to others to maintain the appropriate balance
between compassion and public safety. Accordingly, in addition to any other security
measures, the following will apply:

 if it is necessary for the inmate to remain overnight, prior arrangements must be made
to hold the inmate at the closest appropriate institution or police lock-up.

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Police Assistance
To promote staff and public safety during community escorts, it is essential that
superintendents maintain a close liaison with police services. These contacts will also facilitate
the provision of additional police escorts and/or other security assistance in high-risk
situations. These situations may include:

a. an inmate history of gang violence or escape with outside assistance;

b. an inmate having connections with criminal, extremist or terrorist organizations;
c. the existence of intelligence information indicating a high security risk;
d. an inmate who police routinely escort with the use of enhanced security or tactical units
while in the community; and
e. a high profile inmate charged with a heinous offence.

While police services may not always be able to provide a supplementary police escort they
may be able to enhance security by other means such as communications, increased patrols
and surveillance.

While the mandate of Correctional Services is to ensure the protection of staff and the
community as well as ensuring the safe custody of inmates, situations may occur during
community escorts that place the safety of the escorts and/or the public at risk.

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Meals
If the community escort will last more than 4 hours bag lunches will be provided for the inmate
and, if necessary, for each escort. Meal stops will not be permitted while conducting a
community escort.

In addition, the following equipment will be installed and/or provided after delivery and prior to
the use of the vehicle to transport inmates:

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 a. bio-hazard spill kit;
b. emergency flares/triangle;
c. fire extinguisher;
d. first aid kit;
e. flashlight and batteries;
f. vehicle logbook that must be completed after every escort (see Assigning/Returning
Vehicles);
g. two pair of blue coveralls per escort team;
h. one pair of orange coverall per inmate;
i. water for decontamination purposes;
j. windshield washer fluid; and
k. winter equipment (e.g., blankets, brush, ice scraper, shovel, etc.).

The smaller portable items in this list will be stored in the security equipment storage box.

Related Documents
Refer to Transferring Inmates Between Institutions, Memorandum dated March 21, 2011.

283
284
285
 COMMUNITY ESCORTS

1. Policy

When an inmate is under escort in the community, the method of transport, the number of trained escorts and the
use of security measures and equipment shall be sufficient to ensure the safety of the inmate, the escorts and the
public. Community escorts shall not occur where there are reasonable alternatives to leaving an institution
available.

2. Security Equipment

For the purpose of these procedures, the following definitions apply:

• Full Restraints – Includes Peerless hinged handcuffs, handcuff and padlock key, transport boxes and leg
irons .
• Communications Equipment – Includes two-way radio, cellular telephone and Hamilton Police Service
Radio when in Hamilton.
• Oleoresin Capsicum (OC) Aerosol Weapons – Include approved OC pepper foam (MK 4 OC Aerosol
Foam) with holster.
• Baton – 26” expandable baton.
• Protective Vest – M.C.S. approved/issued vest.
• Non-metallic ASP Tri-Fold Disposable Restraints – Hospital diagnostic imaging use as required.

3. Communications Equipment

3.1 When escorting inmates in the community, escorts will be issued with a communications device(s) that
permits communication with the Institution, other institutions or the police.

4. General Security Measures

The following security measures are mandatory for all community escorts of adult inmates.

4.1 Escorts shall be conducted by staff who have successfully completed community escort training.

4.2 Where an inmate is escorted outside the Institution, there shall be a minimum of two trained escorts and a
driver who shall not be considered an escort.

4.3 When two escorts as defined above in 4.1 are not available to conduct a community escort, three escorts,
one of whom shall drive the vehicle and remain with the inmate during the escort (including any required
hospital stay), shall be utilized.

4.4 Where more than one inmate is escorted outside the Institution, there shall be a minimum of two escorts
per inmate. This does not apply in cases of transfer to another secure environment, community work or
rehabilitative programs.

4.5 In the absence of Canadian Police Information Centre data to the contrary, an inmate shall be deemed to
be high risk.

4.6 At least one escort of the same sex as the inmate shall be assigned, unless exceptional circumstances
exist.

4.7 When more than one inmate is being transported in the same vehicle, efforts shall be made to ensure that
the inmates are of compatible security/classification status.

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4.8 All inmates shall be strip searched by the escort staff prior to leaving and upon return to the Institution.

4.9 While being escorted in the community, male inmates shall wear ORANGE coveralls and female inmates
will wear PURPLE sweat suits contingent upon medical condition or practical consideration.

4.10 While being escorted in the community, inmates shall wear restraints contingent upon medical
conditions or medical requirements.

Special Consideration for Pregnant Inmates.

and a baton; untrained escorts shall wear protective vests.

4.12 Restraints shall be physically checked during the escort

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

Hamilton-Wentworth Detention Centre 09-18 3 of 10
Subject Date
SECURITY JUNE 2012

4.13 Escorts shall be provided with:

• a copy of the Inmate Client Profile,
• current information
•

4.14 Supplementary assignments shall not be performed while escorting inmates.

4.15 Details pertaining to a community escort, such as date, time and route, shall not be communicated to
anyone except persons involved in the administration of justice or medical professionals directly involved
in the treatment of the inmate(s).

4.16

4.17

4.18

i
.

4.19 During transport, an escort shall be seated so as to maintain continuous observation of the inmate(s).

5. Escorts on Commercial Airlines

Consistent with the air carrier security regulations made pursuant to the Aeronautics Act, the following procedures
shall apply where an inmate is transported on a commercial airline.

5.1 At least one hour prior to departure, the carrier shall be given a notice stating:

5.1.1 the identity of the inmate;

5.1.2 the reason for the escort;
5.1.3 the degree to which the inmate is considered to be a risk to the public;
5.1.4 the flight on which it is proposed to transport the inmate;
5.1.5 security equipment that escorts are required to carry.

5.3 If possible, the inmate and escorts shall board in advance of other passengers and remain seated until all
other deplaning passengers have left the aircraft.

5.4 Escorts shall search the inmate, the inmate’s accessible belongings, the seat and the surrounding area
assigned to the inmate for contraband that could endanger flight safety.

5.5 Escorts and the inmate shall not consume alcoholic beverages.

5.6 The inmate shall not be seated adjacent to a normal or emergency exit.

5.7 Escorts shall remain with the inmate at all times.

CSD 075-365 (11/04)

288
6. Escorts to Community Health Care Facilities/Hospitals

6.1 Once an in-custody inmate is scheduled to be admitted to a community health care facility and the security
level of the inmate is known, an Sergeant will determine whether police assistance is required.

7. Assuming Custody of Inmate from Police

7.1 When an inmate is in the hospital under police custody, the Sergeant will ensure that the following
conditions apply prior to assuming custody from the police:
• The police officers are in possession of an original document that would allow HWDC to officially
assume legal custody.
• The inmate has actually been admitted to the hospital and is not only being treated in the emergency
department.

7.2 An Sergeant will respond to the hospital with the assigned escort staff to oversee the proper completion of
the following questionnaire:

Assuming Custody From Police – Questionnaire

Name of manager taking call:

Name of inmate:

Date of birth:

OTIS search done (time/date):

OTIS alerts present:

Future court date or sentenced:

Any non-association orders present on paperwork?

 Yes
 No

Location of hospital and set-up i.e., single room, ward?

Any other paperwork at hospital to hand over to staff?

 Yes
 No

289
Is the inmate’s property at the hospital?
 Yes
 No

PPD completed and inmate’s property transported to institution?

 Yes
 No

Inmate’s Medical Issues

Are there any injuries to be aware of?

 Yes
 No

Is yes, were photographs of the injuries taken?

 Yes
 No

Threat Level Indicators

Are there any behavioural concerns reported?

Has there been any action to suggest an escape risk?

 Yes
 No

Is the inmate a member of any security threat group as per OTIS  Yes
or Police Agency?  No

Is the inmate under any level of threat from the public?

 Yes
 No

 Yes
Is the media publicizing the inmate’s location?  No
 Unknown
Would visits be a problem at the location? If yes, explain the  Yes
concerns/issues:
 No

Recommendations:

290
 Are there any other occurrences since admission to be aware  Yes
of? If yes, explain:  No

Further Information

Name of police contact providing

information:

Police liaison for further information:

Additional Security/ Operational

Precautions

The completed checklist will be returned to the institution by the Sergeant following the handover of the
inmate. A signed copy of the TAP will remain at the hospital with the escorting staff.

7.3 Escorts shall maintain a detailed account of escort activities in a logbook including the identity of anyone
coming into contact with the inmate, any telephone calls placed on behalf of the inmate (by ‘request only’)
and any other relevant information.

7.4 Escorts and inmates shall comply with the rules, regulations and requests of the health care facility except
where doing so could compromise safety or security. If any rule, regulation or request conflicts with the
Sergeant’s original instruction, the escorts shall contact the Shift Coordinator for additional instructions. In
the interim, original instructions are to be adhered to unless a medical practitioner states that doing so may
endanger the inmate’s life.

7.5 As far as practical, normal Institution routines and regulations shall apply for hospitalized inmates with the
exception of visits. Visits shall be restricted to legal counsel and immediate family; immediate family
includes a spouse, children, parents, siblings and grandparents; legal counsel means a member of the
Law Society of Upper Canada representing the inmate or an articling student designated by the member.
The Superintendent or designate may authorize other visits in exceptional or extenuating circumstances.
The hospitalized inmate is entitled to two personal visits per week, unless otherwise authorized by an
Sergeant. Persons requesting to visit will be referred to HWDC to be authorized by the Security Manager
and logged into the visiting computer prior to going to the hospital. The Front Door Officer will notify
Central Control of the visit who in turn will notify the escorting officers at the hospital including names and
relationship of visitor(s).

7.6 Escorts shall position themselves in such a manner to ensure observation of the inmate and control of the
exits. Escorts should exercise sound judgement and not interfere with hospital staff as they attend to their
duties.

291
7.7 If medical requirements necessitate that escorts be out of sight of an inmate, the escorts shall ensure that
the inmate is properly restrained and a record kept of the time and reason. The escorts shall be vigilant
and maintain control of the exits.

7.8 Escorts shall make contact with an Sergeant and/or Central Control
and record each contact in the logbook.

7.9 Shift changeovers at health care facilities shall occur at regular intervals and be confirmed with an
Sergeant.

7.10 The Superintendent or designate shall visit escorts and the inmate at a health care facility
where operationally feasible.

7.11 Each escort team assigned to hospital duty shall, in addition to other approved security equipment, carry in
a hospital security kit:

7.11.1 two sets of Peerless hinged handcuffs, 1 transport box , 2 sets of leg irons and 2 handcuff and
padlock keys;
7.11.2 a minimum of two sets of tri-fold restraints and the prescribed scarab cutter will be retained in
each hospital kit/bag and will be recorded on the appropriate shift handover certificates;
7.11.3 a flashlight and latex gloves;
7.11.4 a communication device that permits communication with the Institution, other institutions or the
police including a spare battery or charger where applicable;
7.11.5 a logbook, occurrence reports, request forms and shift changeover certificates;
7.11.6 a directory of local emergency telephone numbers;
7.11.7 Standing Orders pertaining to escorts to community health care facilities/hospitals;
7.11.8 “Death of an Inmate” Standing Orders and check list package in sealed, large envelope
7.11.9 inmate writing paper and envelopes;
7.11.10 inmate hygiene items, i.e. comb, toothbrush, toothpaste, shaving cream, razor, deodorant and
feminine hygiene products as necessary.

8. Community Escort – MRI Procedures

8.1 The exchange of metal restraints with non-metallic ASP Tri-Fold Disposable Restraints during an MRI
allows inmates to continue to be restrained and the MRI completed without the problems associated with
metal restraints.

8.2 The Security Manager will be responsible to procure and maintain adequate stocks of tri-fold restraints and
cutters to meet local operational needs.

8.3 Should circumstances (MRI) dictate that the ASP Tri-Fold Disposable Restraint will be used, the Sergeant
will contact the medical facility to determine how the application of restraints might be impacted by the
medical procedure. Following this consultation, the Sergeant should be able to fully instruct the assigned
Escort Officers in writing regarding replacing mechanical restraints with ASP Tri-Fold Disposable
Restraints.

292
8.4 The Sergeant will ensure that the assigned correctional escort staff are familiar with the proper application
of restraints. Instructions for using the Tri-Fold Restraints and the Scarab Cutter are included, by the
manufacturer, with each order.

9. MRI/Mechanical Restraint Exchange Process

9.1 The inmate must wear the standard issue handcuffs and leg irons to and from the medical facility.

9.2 Upon entering the Diagnostic Imaging Department the escort staff will ask where they can safely exchange
the handcuffs and leg-irons with non-metallic restraints. The non-metallic restraints must be applied before
removing the metal restraints. Escort staff must follow the specific security instructions provided by the
Sergeant. The Sergeant will determine if the tri-fold restraints will be applied to the ankles only, wrists only
or ankles and wrists, depending on the level of risk and the reason for the MRI scan.

9.3 If the Medical staff make any requests or issue any directions that would negatively impact upon the
security instructions provided prior to the appointment, it is incumbent upon the escort officers to consult
with the Shift Coordinator prior to proceeding.

9.4 The escorting officers may be required to cut off the “tail” of the tri-fold restraints to allow them to fit inside
the MRI Machine. (If this process is anticipated, it is recommended that the modification be completed
prior to the removal of the metal restraints.)

9.5 The escorting officers will maintain visual surveillance of the inmate during the scan. Due diligence is
required to ensure safety of the public, the escorting officers and the inmate. One officer must position
himself/herself so as to block the point of exit from the MRI room.

9.6 Upon completion of the scan the escorting officers will re-apply the metal handcuffs and leg-irons. Once
secured, the escorting officers will cut off the tri-fold restraints using the ASP Scarab Cutter.

9.7 The underlying principle is that the security of the inmate is to be maintained throughout the exchange
process.

10. Attendance at Funerals and Visitation

A funeral or visitation escort requires a great deal of diplomacy, consideration and sensitivity to others to maintain
the appropriate balance between compassion and public safety. Accordingly, in addition to any other security
measures, the following shall apply.

10.1 The inmate should arrive before the service but in sufficient time to pay respects to the deceased and
family.

10.2 The escorts should remain as inconspicuous as possible while still adhering to security responsibilities.

10.3 The escorts shall position themselves where they can maintain constant observation of the inmate and
control the exits.

10.4 If it is necessary for the inmate to remain overnight, prior arrangements shall be made to have the inmate
held in the nearest adult institution.

10.5 At the discretion of the Superintendent or designate, the inmate may wear civilian clothing.

10.6 Consideration shall be given to arranging a private viewing of the deceased as opposed to attending the
funeral.

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11. Hostile Situations

11.1 In the event that escorts are confronted by an assailant while conducting a community escort, the Ministry
does not expect the escorts to take any action that might reasonably endanger their personal safety, the
safety of the inmate or bystanders. In making this determination, the escorts shall consider the following:

11.1.1 the number of assailants;

11.1.2 the nature of the threat posed by the assailant(s);
11.1.3 whether the assailant(s) is armed;
11.1.4 the location and potential risk to the inmate or bystanders;
11.1.5 any other factors which are relevant to determining the level of risk.

11.2 Where, on reasonable grounds, the escorts believe that their safety or the safety of others is in serious
jeopardy, the escorts shall be considered to have been taken hostage and shall comply with the directions
of the assailant(s) unless, on reasonable grounds, the escorts believe an alternative strategy is less
dangerous for their safety.

11.3 Critical Incident Stress Debriefing shall be offered to escorts involved in hostile situations.

12. Police Radios

12.1 One radio is to be issued for each community escort within the City of Hamilton. These radios should
remain on Channel 1 at all times unless directed otherwise by Hamilton Police Service dispatcher.

12.2 The Escort Officers assigned will:

12.2.1 contact the Hamilton Police Dispatch [905 546-4717];

12.2.2 identify themselves by name and badge number advising that they are conducting an escort
(including start point and destination as well as information about the inmate, name date of
birth, any other information can be obtained from TAP and/or client profile)
12.2.3 advise which unit is being used (Delta 1, Delta 2, Delta 3 as well as the serial number
located at the bottom of the radio)
12.2.4 request permission to test the unit for transmission (Delta One, 10-8) – In Service.

12.3 When this process is completed, the radio is to be turned off and only used during emergency situations.

12.4 Upon completion of the escort, the Escort Officer will contact the Radio Room via phone, as above and
advise that the assignment is complete (Delta One 10-7) – Out of Service. The radio may be used for this
purpose.

12.5 In situations involving hospital stays, the radio should be checked at each shift change, following battery
replacement. This check may be done by radio (Delta One, 10-8). A copy of the “Ten Codes” is included
for use with the radio. Staff are to familiarize themselves with these codes and use them for emergency
communications.

13. Meals

13.1 If the community escort will last for more than four hours, bag lunches will be provided for the inmate and,
if necessary, for each escort. Meal stops will not be permitted while conducting a community escort.

294
NOTE
When an inmate returns from ANY medical TAP’s
The Admitting Nurse or if there is no Admitting Nurse a Nurse will receive ALL medical documentation and
a verbal report from the escorting Correctional Officer resulting from a community medical appointment
(TAP) or treatment.
The Nurse will make the determination if the inmate is medically cleared to return to his/her living unit
based on the treatment provided in the community and/or the medical direction received from the treating
facility. The nurse may need to contact the HWDC doctor with regard to any concerns they might have
with the medical direction from the Health Care Facility or the treatment the inmate received.

295
 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

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Subject Date
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found.

COMMUNITY ESCORTS DUTIES

1. Policy

The assignment of community escorts will be consistent with the principles of public safety, public accountability,
cost effectiveness and in accordance with ADI 04 10 01 (Community Escorts and Transportation).

Escort staff must exercise constant vigilance and awareness to ensure effective and timely responses to emergent
situations. Employees will not engage in activities that are not related to work while on duty. These activities
include, but not limited to, use of personal electronic devices. Personal electronic devices include any equipment
designed for personal entertainment and/or the collection, storage and transmission of electronic data or voice
communication (e.g.; radio, portable televisions, cell phones, pagers, computers, electronic notebooks,
blackberries, gaming devices, digital audio/video players, digital audio/image recorders, etc.).

2. Assigning Community Escort Duties

2.1 When assigning community escort duties, the Sergeant responsible must be cognizant of the principles of
public safety, public accountability and cost effectiveness, as well as ensuring the Institution’s operational
requirements are met. If the use of overtime is required, its distribution must be fair and equitable.

2.2 To ensure a consistent and fair method in assignment of community escorts and the backfilling of staff
utilized for community escorts, the following sequence will be utilized:

2.2.1 Utilize Correctional Officers trained in community escorts (scheduled duty or overtime).
2.2.2 Extend shifts of Correctional Officers trained in community escorts.
2.2.3 Utilize available ICIT members who have completed community escort training.
2.2.4 Utilize three classified Correctional Officers who have not completed community escort training.
2.2.5 In an emergency, after exhausting the above procedures, utilize Managers or Acting Managers
who have completed community escort training.
2.2.6 In an emergency, after exhausting the above procedures, utilize Managers or Acting Managers
who have not completed community escort training.
2.2.7 After exhausting all above procedures, utilize other available resources (i.e. police).

Note: Under no circumstances will the Sergeants alter the above sequence.

2.3 In the event that a community escort commences without the required complement of Correctional Officers
trained in community escorts, the Sergeant responsible is obligated to continue in attempts to contact and
assign trained community escorts to relieve the persons initially assigned. Managers must ensure
accurate documents/records are maintained of all attempts to staff hospital escorts up to and including
following the local overtime protocol.

3. Backfilling for Staff Utilized for Community Escorts

3.1 When the operational needs of the Institution require that community escort assignments are backfilled, it
is recommended that the Sergeant responsible:

3.1.1 Contact unclassified Correctional Officers.

3.1.2 If not available, contact classified Correctional Officers for overtime as per local overtime
protocol.
CSD 075-365 (11/04)

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

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found.
Subject Date
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found.

3.1.3 If not available, contact classified/unclassified Correctional Officers not previously contacted
ensuring that local agreements, i.e. overtime protocols, are honoured.

Note: The Sergeant will follow the Collective Agreement and any local agreements in existence to
backfill for staff utilized for community escort duties. In addition, Managers must ensure
accurate records are maintained of all attempts to provide backfill.

4. Tracking of Community Escorts

When it is deemed necessary for an inmate to leave the Institution on a community escort or be taken into our
custody from the community, i.e. hospital, court, the following procedures will be adhered to:

4.1 The Shift Coordinator/Sergeant will record information on the “HWDC Community and Hospital Escort
Equipment Checklist” which includes the following information:
 Sergeant’s name
 Date and time: In and Out (upon return)
 Escort Officers’ names and badge number
 Inmate name and OTIS number
 Escort destination (hospital, funeral home, medical office)
 Pepper spray serial number
 Canister weights
 Asp identification numbers
 Anticipated route
 Staff given TAP, client profile and any known, security concerns.

4.2 If the community escort results in admission to a hospital facility the Shift Coordinator/Sergeant will provide
escort staff with:
 Specific security instructions, i.e. visitation and telephone privileges
 Security equipment protocols as determined by Sergeant (leg iron or handcuff to hospital bed).

4.3 The Sergeant will notify Hospital Security in accordance with protocols established for admitting inmates to
hospital.

4.4 All other escort equipment issued to the escort staff will be logged by the Central Control Officer on the
HWDC Equipment Control Sheet. (Security equipment, hospital kits, radios, cell phone).

4.5 When assuming custody of an inmate from police at a hospital, the Shift Coordinator/Sergeant will
complete the Assuming Custody from Police Checklist located in Standing Order 09-18 subsection 7.1
and 7.2.

4.6 If the warrant is provided to the Shift Coordinator (either hand delivered or faxed) prior to dispatching
escort staff to the hospital, the Sergeant will review the ‘holding documents’ to ensure they are in order
and complete the Assuming Custody from Police Checklist.

4.7 When the Police service advises they are in possession of a proper legal holding document and that the
inmate has been “admitted” to the hospital, an Sergeant will accompany the assigned escort staff to the
hospital. Prior to assuming custody, the Manager will ensure that the holding documents are in order.
CSD 075-365 (11/04)

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 Ministry of Community Safety Standing Orders
and Correctional Services

Institution Section Page

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source not
found.
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found.

4.8 The Manager will complete the Assuming Custody from Police Checklist and authorize the staff to relieve
the police officers of custody of the inmate.

4.9 The legal holding documents will be returned to the institution with the Manager who is responsible to
ensure the inmate is properly booked into and out on OTIS, following established procedures.( “In” status
will be the same as if he had first arrived at the institution i.e. new arrival, court in, NPV immigration etc.
“Out” status will be Medical TAP.)

CSD 075-365 (11/04)

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 HWDC Policies and Procedures for Inmates in Hospital

Contact number 905 523 8800 x 215/236 Shift Coordinator

Inmates housed at the hospital are on an escorted temporary absence pass but are still under the care and control
of the Detention Centre. The hospital room becomes an extension of the jail with rules that apply to anyone
incarcerated.

Inmates are to remain in their room unless medically required.

Inmates are not allowed to smoke or have access to tobacco products.

Inmates are not to have access to a phone for incoming or outgoing phone calls unless authorized by the Shift
Coordinator

Inmates cannot rent a TV or have a family member rent one for them.

Inmates are prohibited from receiving any food or products from any member of the public.

Inmate Visits:

All visitors to the hospital must provide the proper identification at the Hamilton Wentworth Detention
Centre and be booked in prior to having an authorized with and inmate currently being housed at the
hospital.

Visiting hours for Inmates are as follows: Monday to Sunday 09:00-11:00; 13:00-16:00 and 18:00-19:45.
The Superintendent or designate may extend visits or grant special visits by reason of distance travelled, past
infrequent visits, or other compelling reasons.

Inmates are allowed two visits per week each 20 minutes in length. Additional visits may be granted by
an Operational Manager/Senior Staff. The visiting week begins Monday and ends Sunday.

All visits will consist of no more than two persons. Visitors under the age of 16 must be accompanied by
an adult. Any visitors under the age of 16 are the responsibility of the adult and as such any loud, rude or
obnoxious behaviour may result in the cancellation of the visit. Any such occurrence will be reported to the Shift
Coordinator.

No visitor will sketch, take photographs or receive, give, trade or sell any article to or from an inmate
without the permission of the Superintendent or designate.

Visits by Ministers of Religion/Lawyers

Visits for approved Ministers/Lawyers will take place at the following times: 08:00 to 11:00 hours; 13:00 to
16:00 hours; 18:00 to 19:45 hours.
The visitor must be cleared by the Hamilton Wentworth Detention Centre prior to an approved hospital
visit. The escorting officers will be notified of an approved visit. All visitor’s must produce I.D. when arriving at the
hospital room, to be verified by escorting officers

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 Briefcases, purses, cameras, cell phones, pagers, computer devices and tape recorders are not permitted
in the hospital room.

No articles, documents, etc., of any description may be given to or received from any inmate without prior
authorization of the Superintendent or Senior Officer on duty.

Visitors are prohibited from bringing in foodstuffs, beverages, cigarettes, etc.

Media Visits

Media visits will only take place when prior approval has been granted by the Superintendent or designate.

Articling Students

Articling students employed by lawyers are accorded the same degree of access to inmates as above
indicated for lawyer visits.

Denial or Termination of Visit

A visit may be considered for denial or termination under the following circumstances:

• visitor under the influence of drugs, alcohol or other substance;

• refusal by an inmate or visitor to submit to search procedures;
• refusal or failure to produce acceptable personal identification or the falsifying of identifying information by
a visitor;
• under the age of 16 with no adult accompaniment;
• violation of rules by a visitor or inmate
• failure to prevent children from disturbing other persons
• conduct, demeanour deemed to be disruptive to the security, safety and good order
• visiting privileges suspended by the Security Manager or Shift Coordinator;
• where there is a judicial order restraining contact between the inmate and visitor; (516.2 order)
• when the inmate refuses the visit.

When any visit is denied or terminated the staff member in charge will clearly document the circumstances
in the logbook provided. The entry will include the time, date, reasons for denial/termination, names of the visitor(s)
and inmate

All visiting privileges may be suspended if the Superintendent or designate

Any visitor wishing to speak to someone about having been denied a visit will be referred to the Security
Manager (when on duty) or the Shift Supervisor

No inmate mail will be accepted. All inmate mail must enter by way of the regular mail system in place at
HWDC.

Acceptance of Inmate Monies

No Monies will be accepted at the hospital by escorting staff. The HWDC Front Door Officer is responsible
for the acceptance and recording (receipt) of all inmate monies. Restrictions on currency denominations and total
deposits will be as directed by the Security Manager.
Documentation

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 Escorts shall maintain a detailed account of escort activities in a logbook including the identity of anyone
coming into contact with the inmate, any telephone calls placed on behalf of the inmate (by ‘request only’) and any
other relevant information.

Escorts and inmates shall comply with the rules, regulations and requests of the health care facility except
where doing so could compromise safety or security. If any rule, regulation or request conflicts with the Sergeant’s
original instruction, the escorts shall contact the Shift Coordinator for additional instructions. In the interim, original
instructions are to be adhered to unless a medical practitioner states that doing so may endanger the inmate’s life.

As far as practical, normal Institution routines and regulations shall apply for hospitalized inmates with the
exception of visits. Visits shall be restricted to legal counsel and immediate family; immediate family includes a
spouse, children, parents, siblings and grandparents; legal counsel means a member of the Law Society of Upper
Canada representing the inmate or an articling student designated by the member. The Superintendent or
designate may authorize other visits in exceptional or extenuating circumstances.

Escorts shall position themselves in such a manner to ensure observation of the inmate and control of the
exits. Escorts should exercise sound judgement and not interfere with hospital staff as they attend to their duties.

If medical requirements necessitate that escorts be out of sight of an inmate, the escorts shall ensure that
the inmate is properly restrained and a record kept of the time and reason. The escorts shall be vigilant and
maintain control of the exits.

The Superintendent or designate shall visit escorts and the inmate at a health care facility at least once
each 24 hour period where operationally feasible.

Each escort team assigned to hospital duty shall, in addition to other approved security equipment, carry in
a hospital security kit:

two sets of Peerless hinged handcuffs, 1 transport box , 2 sets of leg irons and 2 handcuff and padlock
keys;
a minimum of two sets of tri-fold restraints and the prescribed scarab cutter will be retained in each
hospital kit/bag and will be recorded on the appropriate shift handover certificates;
a flashlight and latex gloves;
a communication device that permits communication with the Institution, other institutions or the police
including a spare battery or charger where applicable;
a logbook, occurrence reports, request forms and shift changeover certificates;
a directory of local emergency telephone numbers;
Standing Orders pertaining to escorts to community health care facilities/hospitals;
“Death of an Inmate” Standing Orders and check list package in sealed, large envelope
inmate writing paper and envelopes;
inmate hygiene items, i.e. comb, toothbrush, toothpaste, shaving cream, razor, deodorant and feminine
hygiene products as necessary.

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 Escape

Should an escape occur from the hospital, the escort Officer(s) will notify the Shift Coordinator

The Shift Coordinator will dispatch a manager to the scene to assist and brief Senior Staff/Senior On-Call
person with any known information.

Death of an Inmate at a Community Hospital

When an inmate dies at a community hospital while under escort, the officers on duty will document the
following information:
 Names attending doctor
 Time of death (pronounced by who)
 Hospital staff present at time of death
 The time the Operational Manager was notified

Notify the Shift Coordinator of the inmate’s death and location.

The Shift Coordinator will notify the Coroner
A Manager from the HWDC will attend the hospital as soon as possible
Officers to remain on duty with the body until the Coroner arrives
The Officers may be relieved of duty (if the arrival of the Coroner is delayed)
The officers will complete the Sudden Death of an Inmate/Suicide/Life Threatening Injury fact sheet located in the
HWDC hospital kit.

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Ministry of Institutional Services
Community Safety Policy and Procedures Manual
and Correctional Services

Section: Release Date:

Services February 2007
Sub Section:
Health Care Services

Health Care and Security/Safety Related Issues

Policy
Health care and security programs co-exist in correctional institutions. Procedures shall be in place to ensure
that health care monitoring and treatment continues when security constraints are in place and/or are intensified
(e.g., placement in segregation) and that inmates' health status is assessed and monitored when security related
situations arise (e.g., hunger strike, use of force, contraband, etc.).

Authority
Regulated Health Professions Act, relevant sections.

Ministry of Correctional Services Act, ref. "Functions of Ministry".

Procedures
To enhance the safety of the public and institution staff inmates must not be advised, in advance, of the dates
and times of medical appointments in the community or of transfers to community hospitals.

Medical T emporary Absence

The Superintendent or designate may authorize the absence of an inmate to obtain medical, psychiatric or dental
treatment at an outside health facility. The medical temporary absence may be escorted or unescorted
depending on individual security needs.

Where full or partial disrobing is expected (e.g., ECG, gynaecological/obstetrical needs, mammogram, etc.) at
least one escorting officer must be the same gender as the inmate.

The following medical temporary absence procedures should be read in conjunction with the manual texts
entitled Community Escorts and Transportation and Temporary Absence Program.

1. Health care staff (or correctional staff after health care hours) initiates the "Medical Temporary Absence
Permit" and submits it to the Superintendent or designate for approval.

2. A medical temporary absence package is be compiled by the health care staff and include:

a. "Health Care Consultation" form completed and signed. Information regarding drugs prescribed prior
to the medical temporary absence should be noted for health care professionals who will be in charge
of the inmate's care;
b. special requisitions as indicated;
c. Health Insurance number and date of birth;
d. reports necessary for the referral;
e. documents outlining special instructions to the health care provider (e.g., not to inform the inmate of
any dates or times of follow-up appointments); and
f. special health information related to the inmate (e.g., narcotic addiction).
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 3. The health care forms are sealed in a "Health Care Records Transfer Certification Envelope" (green or red
as appropriate). A second envelope should also be sent for the purpose of sending the files on return.

The Superintendent or designate, in consultation with health care staff, develops institutional procedures to
ensure necessary medical information is communicated to hospital staff when an inmate is urgently transferred
to a hospital or clinic and institution health care staff are not on duty. These procedures provide guidance
regarding the confidentiality of health care records when the Superintendent or designate needs to access health
care files to provide information to the hospital.

Hospital Admissions
When an inmate requires hospitalization, the documents previously outlined for a medical temporary absence
are completed. In the case of hospitalization, additional documents are required and hospital packages can be
prepared in advance to include the following:

a. two copies of the "Consent to the Disclosure, Transmittal or Examination of a Clinical Record" form; one to
release relevant health care records to the hospital and the other to have the hospital release records to
institutional health care staff on the inmate's return to the institution; and

b. an information sheet to assist hospital staff in the care of the inmate. Information may include:

Health Care Unit contacts and phone number;

why the inmate may be wearing security equipment and the need for Correctional Services staff to
authorize its removal;
visitation restrictions and the need for authorization by Correctional Services staff; and
security issues (e.g., flowers, gifts, mail, money, baked goods, fruit, candy, etc.).

The information sheet should be prepared by the security staff and in consultation with the health care staff.

Communication between institutional and hospital health care staff regarding the inmate's health care plan and
progress is essential. Special circumstances that may affect health care in the hospital must be communicated
(e.g., drug or alcohol addiction and the administration of pain control, suicide watch or serious health conditions).

Compassionate Allowance for Injuries

When an inmate is engaged in an authorized activity in a Correctional Services facility and sustains an injury
causing permanent disability, he/she may be entitled to a compassionate allowance. A compassionate allowance
would not be made:

a. for self-inflicted injuries;

b. for participants in rioting, fighting, escapes or attempted escapes;
c. for injuries resulting from wilful disobedience of an order given by a Correctional Services employee; or
d. for injuries resulting from wilful negligence by the inmate, including deliberate or intentional misconduct.

An inmate claiming to be the victim of a criminal assault may apply to the Criminal Injuries Compensation Board
whose mandate includes compensation for injuries of this nature.

The health care staff ensures that the injured inmate is given necessary medical treatment. A report of the
incident, including all relevant medical information and the physician's prognosis, is forwarded to the chair of the
Compassionate Allowance Committee upon receipt of a "Consent to the Disclosure, Transmittal or Examination
of a Clinical Record".

The committee reviews the report and, if the physician indicates a permanent disability, will request an
examination and assessment by an external agent. The following steps apply:

1. Acting as Correctional Services' agent, the external agent conducts a medical examination and provides an
indication of the extent of permanent disability and/or additional medical treatment required.
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 2. Correctional Services makes arrangements for any additional medical treatment recommended by the
external agent.
3. Correctional Services submits a recommendation to the Lieutenant Governor in Council that a
compassionate allowance be granted as a proper and desirable exercise of the prerogative of mercy.
4. Upon approval of the Lieutenant Governor in Council, payment is made by Correctional Services to the
former inmate in the form of a lump sum settlement after the recipient has signed a release from further
claim.

When a physician diagnoses a probable permanent disability, the Superintendent or designate should inform the
inmate that he/she may be eligible for an award and that the matter should be referred to the Compassionate
Allowance Committee for consideration.

Testing of Biological Samples

No inmate will be subject to a urinalysis or other form of biological sample test unless the test is an integral part
of a treatment program (see Substance Abuse Testing). This does not affect clinical procedures and practices
used by health care professionals. Nor does it preclude the taking and testing of samples by law enforcement
officials under the authority of a general warrant of search (see Collection of Biological Samples by Police).

As part of diagnostic or investigative procedures, the physician may order a urine sample for testing from an
inmate who is suspected of ingesting alcohol or other illicit drugs. The inmate has the right to informed consent
and the right to refuse. The results of a test and any follow-up testing become part of the "Health Care Record"
and are considered confidential.

Supervising Inmate Interactions with Health Care Staff

When Nurses are administering medication to inmates, a Correctional Officer must: accompany the Nurse; assist
in ensuring that the inmate receiving medication is correctly identified, and observe that each inmate swallows
her/his medication (see Delivery of Medication).

When Nurses are conducting intake assessments, examining inmates or providing treatment, a Correctional
Officer must be in the area in the event that assistance is required. However, unless requested by the Nurse, the
Correctional Officer should remain sufficiently distant so as to preserve the confidentiality of personal health
information.

Superintendents will develop local procedures that reflect the above requirements. The procedures should
clearly state that Nurses are not to be placed in a position of being alone with inmates. Superintendents will
ensure that these local procedures are included in local institution Standing Orders.

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Institutional Services
Policy and Procedures Manual
Release Date:
December 14, 2016
Section:
Crisis Management
Sub Section:
N/A

Suicide Prevention
1. Purpose

This policy provides employee direction on how to manage an inmate who is or appears to be at
risk of death by suicide (e.g. suicide awareness, prevention, intervention, treatment and support,
etc.).

For an inmate who dies by suicide or suspected suicide, see the Death of an Inmate policy for
response protocol and procedures.

2. Staff Affected

All authorized staff involved in the supervision and care of inmates.

3. Policy

The Suicide Prevention Policy requires:

staff make all reasonable efforts to identify, respond to, report and manage a potentially suicidal,
suicidal or enhanced supervision inmate under their supervision and care; and ensure necessary
intervention, control, treatment and support are provided.

all inmates be provided services that are free from discrimination and harassment under the
Ontario Human Rights Code (Code). This means considering an inmate's Human Rights Code
related needs on an individual basis and providing accommodation when required to the point
of undue hardship.

all inmates, including those serving intermittent sentences, are evaluated for suicide risk
indicators (see 6.2 Suicidal Screening and Identification) at the time of admission to the
institution and throughout their incarceration.

staff supervise an inmate initially identified as being at risk for suicide until further assessment
deems the risk no longer exists.

necessary interventions, controls, treatment and support for inmates deemed suicidal be
provided. Human contact must be maintained and professional counselling must be made
available. Further, referrals and equitable access to available cultural and spiritual supports

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 (see Spiritual and Religious Care policy) must be provided to accommodate an inmate's Code
related needs short of undue hardship.

staff are notified (e.g., supervisory, health care, correctional staff, inter professional, etc.) at the
earliest opportunity when a Suicide Watch has been initiated.

all staff involved in identifying and managing potentially suicidal or enhanced supervision
inmates immediately communicate pertinent information regarding the inmate to other staff and
to appropriate outside agencies in accordance with the procedures (see 6.7.2 Critical
Information Sharing).

inter professional staff initiate a Recovery Plan for every inmate placed on either a Suicide
Watch or on Enhanced Supervision. The plan is to be designed for the successful return of an
inmate to their regular living unit or range (see 6.5 Recovery Plan).

only a physician, psychiatrist or psychologist has the authority to cancel or downgrade a Suicide
Watch following a face to face assessment (i.e., in person, telemedicine) of the inmate.

4. Definitions

Clinical Staff/Clinician: includes nurses, physicians, psychiatrists, psychologists, social

workers and any other health professional responsible for conducting clinical assessments.

Critical Incident Stress Management Program: The Critical Incident Stress Management
Program (CISM) provides staff with proactive education and responsive intervention services;
thereby minimizing the harmful effects of critical incident stress that may result from crisis or
emergency situations (see CISM policy).

Inmate Watches/Observations

a. Suicide Watch (Observation): is an assessment, monitoring and documenting process

that includes frequent in person checks at least once every 10 minutes, 24 hours a day
for the duration of the Suicide Watch. Verbal interactions by staff with the inmate must
occur at least every hour during waking hours (e.g., 0700 to 2300 hours), (see 6.4.1
Suicide Watch and Constant Watch (Watch) section for more information on Watches).
b. Constant Watch (Observation): is defined as 24 hour in person direct observation of an
inmate. Video cameras may be used to supplement the observation but will not replace
the correctional officer having an in person view of the inmate. The correctional officer
conducting constant observation of an inmate must have immediate access to that
inmate, ensuring effective monitoring, observation and intervention. Verbal interactions
with the inmate must occur at least every hour during waking hours (e.g., 0700 to 2300
hours).
c. Direct Observation: means that correctional staff, have an in person unobstructed view
of the inmate. Video cameras may be used to supplement observation but does not
replace the correctional staff having an in person view of the inmate at the required
intervals.
d. Enhanced Supervision: an increased level of supervision and control to ensure the
safety and security of the inmate and staff. This may include restrictions or special
instructions for supervision, including the completion of a compatibility assessment to
determine if the inmate can be housed with another inmate (i.e. frequent in person
observation rounds and verbal communication by staff at predetermined intervals, etc.),
See 6.4.5 Enhanced Supervision and 6.4.6 Upgrading or Cancellation of Enhanced
Supervision.

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Inter professional Team: A team comprised of different professions and occupations with
varied and specialized knowledge, skills and methods. Inter professional teams communicate
and work collaboratively as colleagues to provide quality, individualized care. A team may be
comprised of mental health provider(s), clinical staff, correctional staff, program staff (i.e.
classification officer/counselor, rehabilitative officer, etc.), chaplain, Native Inmate Liaison Officer
(NILO), the inmate and staff relevant to the care of the inmate.

Observation Forms: forms used by staff to record interactions with inmate while in the
institution. This includes:

a. Health Care Observation Form: a form issued by health care staff and completed by
operational staff to record observations and interactions with inmates with specific health
issues. The specific observations required and the frequency of observations is directed
by health care staff.
b. Observation Report Form: when a Special Observation Status has been initiated (e.g.,
Suicide Watch and Enhanced Supervision, etc.), this form is used to record observations
of the inmate, such as unusual behaviour, meal service, visits to area, etc.
c. Special Observation Status Form: an authorized form (i.e. by physician, operating
manager, health care staff) to inform staff of special observation and precautions when
supervising and dealing with an inmate identified as needing special handling (e.g.,
reasons for segregation, observation schedules, medical needs and type of medical
precautions, trans search preferences, spiritual and religious care, etc.).

Operating Manager: an operating manager (previously referred to as sergeant or staff

sergeant) may also be referred to as Correctional Operational Manager 1 or 2 (COM01/COM02
or OM16). It is the operating manager's responsibility to ensure the day to day operations of the
institution are running as efficiently as possible while maintain custody, care and control of the
institutions' incarcerated inmate population.

Note: A Correctional Operational Manager (OM16/COM01) can choose to be referred to

as lieutenant or captain if assigned in their correctional operational manager capacity
before April 15, 2012. For the purpose of this policy, the naming convention only refers to
operating manager as responsibilities are the same regardless of rank title. Individuals
with the job code/description of COM02 also referred to as operating managers in this
policy; differ in respect that they reside at designated facilities that support the new direct
supervision model.

Post Incident: is the structured process of conducting an incident analysis of the organization's
effectiveness in response to a crisis event. The objective is to identify what has happened, how it
happened, why it happened and what can be done to reduce the risk of it happening again and
to create safer practices from lessons learned.

Postvention: is an intervention conducted after a traumatic event (e.g., death by suicide), that
includes support provisions to those directly affected by a suicide attempt or suicide.

Recovery Plan: is a documented treatment and support strategy used to aid an inmate
identified as a suicide risk or requiring enhanced supervision towards recovery and emotional
wellbeing. At a minimum, the Recovery Plan should include best housing placement details,
ongoing assessment information, Code related needs, observation and monitoring requirements,
staff communication procedures and program referrals (see 6.5, undue hardship).

308
 Security Gown: refers to a garment that has been customized (i.e., tear resistant) for the
purpose of protecting an inmate from injury or death by suicide (see 6.4.2 Security Gown and
Special Bedding).

Self Harm: is the direct and deliberate injury to one's own body without necessarily a suicidal
intent.

Suicidal Behaviour: is any action that could cause a person to intentionally kill themselves (e.g.
intentional drug overdose). See 6.2.3 risk factors and warning signs.

Telemedicine (Ontario Telemedicine Network (OTN)): the use of technology to provide

clinical health care at a distance (i.e. video consultation).

Duty to Accommodate Short of Undue Hardship: Correctional Services has a legal obligation
under the Ontario Human Rights Code (Code) to accommodate inmates' Code related needs,
short of undue hardship.

This means providing accommodation that:

a. most respects the dignity and individual needs of the inmate; and
b. allows inmates to maximize their participation in services.

Note: Efforts will be made to anticipate barriers faced by individuals with Code
related needs and proactively address those needs.

Undue hardship is a legal test to describe the extent to which an organization must
accommodate these needs. When assessing limits to the duty to accommodate (i.e., how
far the organization should go to accommodate), the only factors that can be considered
are:

a. costs (including outside sources of funding); and/or

b. health and safety risks (includes inmate, staff, anyone else at the institution).

Undue hardship is a high standard and must be supported by real, direct and objective
evidence. The authority to decide that an accommodation cannot be provided because it
would result in undue hardship rests with the regional director or designate. The
superintendent or designate will contact the regional director or designate who will
consult with appropriate corporate supports (e.g., the Client Conflict Resolution Unit
(CCRU), Strategic Projects Unit Human Rights Plan (SPU HRP), Corporate Health
Care (CHC), Legal Services Branch (LSB), etc.) as needed, if they believe that
accommodating an inmate's Human Rights Code related need could result in undue
hardship.

Waking Hours: means the regular operational hours of the institution or facility for daily inmate
routines from the time that lights are turned on in the am until they are turned off in the pm (e.g.,
0700 to 2300 hours).

5. Responsibilities

The superintendent or their designate(s) ensure:

staff are compliant with this policy;

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 training for all staff involved in the supervision and care of inmates including the Suicide
Awareness Basic and Suicide Awareness Refresher training occurs every two years
(see 6.1 Training);

staff are aware of and meet the duty to accommodate an inmate's Code related needs;

the regional director or designate is consulted if it is believed that accommodating an

inmate's Code related need(s) could result in undue hardship;

standing orders are completed for the development of local procedures and included in
the Standing Orders. Standing orders will include but are not limited to:

a. the designation of staff that are participating on the inter professional teams;
b. the designation of staff responsible for inmate suicide screening, the
development and implementation of Recovery Plans for inmates on a Suicide
Watch and/or Enhanced Supervision;
c. the procedure for sharing critical information with other staff;
d. for the duration of the Suicide Watch, the requirement for the operating manager
and nurse to see the inmate at least once per shift and document the visit in the
log book. Additionally, the nurse is required to document visits in the Health Care
Record; and
e. the designation of staff responsible for completing:
i. the Suicide Watch Information Exchange Form,
ii. Offender Tracking Information System (OTIS) alert entries, and
iii. person to person communication when transferring inmates from the institution
on a Suicide Watch.

that a postvention consultation occurs with the Regional on call CISM Lead/Co Lead
and Employee Assistance Program.

that clinical support options are considered for employees and inmates affected by a
suicide attempt or death by suicide (see 6.6 for more information on CISM or EAP).

that a sufficient stock of all security gown sizes is maintained at the institution.

all other tasks assigned to them as outlined in this policy and referenced policies
(e.g., Death of an Inmate).

The operating manager(s) ensure:

required documentation is completed and submitted (see 6.8 Documentation),

staff are following procedures, as outlined in this policy and the direction of local Standing
Orders;

a. staff complete the suicide screening as per this policy (see 6.2.1 for Suicide
Prevention Admission Checklist and 6.2.6 for Suicide Screening Tool details),
b. management strategies are explored for an inmate on Suicide Watch or
Observation(s) to make certain the inmate is accommodated in the least intrusive
environment necessary to ensure their personal safety (subject to any Code
related considerations). Where isolation and a restrictive environment are

310
 required to ensure inmate safety, the ultimate goal will be the successful return of
the inmate to a regular living unit.

whenever an inmate on a Suicide Watch is transferred or attends court, the Suicide

Watch Information Exchange Form is completed and a copy is provided to the Admitting
and Discharge (A&D) manager or designate,

health care is apprised of pending releases (e.g., sentence satisfied, Medical Temporary
Absence Program (TAP), etc.), transfers, court appearances and/or release at court for
inmates identified at risk for suicide or serious self harm, and

all other tasks assigned to operating managers as outlined in this policy and other
referenced policies are completed.

The clinician(s) ensure:

completion of the Suicide Screening Tool without delay where suicide risk has been
identified. Copies of the completed tool are to be distributed to the inmate's main file,
health care record, social work and/or the psychology department,

assessments are completed as per policy for inmates at risk of self harm or suicide,

the following actions are taken when a Suicide Watch is initiated:

a. alert operational (e.g., operating manager, correctional staff, etc.) and clinical
staff to the inmate's change in status,
b. the inmate is assessed by a physician, psychiatrist or psychologist within 24
hours (or as soon as possible or during the first visit when no clinician is on site),
c. assess the inmate once per shift for the duration of an inmate's Suicide Watch,
d. document:
i. visits in the log book;
ii. all clinical assessments in the inmate's Health Care Record; and
iii. changes in an inmate's status on the Change/Cancellation of Suicide Watch
Notice Form. Copies of the form will be distributed accordingly with details
recorded in OTIS.
e. in the event that restraints are utilized, the inmate must be assessed as soon as
possible and then hourly until restraints have been removed.

the following actions are taken when an Enhanced Supervision has been initiated:

a. alert operational (e.g., operating manager, correctional staff, etc.) and clinical
staff to the inmate's change in status,
b. the inmate is assessed by a physician, psychiatrist or psychologist within 48
hours (or as soon as possible or during the first visit when no clinician is on site),
c. assess the inmate at least once per shift for the duration of the supervision,
d. document:
i. visits in the log book;
ii. all clinical assessments in the inmate's Health Care Record; and
iii. changes in an inmate's status on the Change/Cancellation of Enhanced
Supervision Notice Form. Copies of the form will be distributed accordingly with
details recorded in OTIS.

311
 collaborate with the inter professional team on inmate care,

initiate a Health Care Observation Form where clinically indicated for other specific health
issues (e.g., head injury or acute withdrawal, etc.),

ensure an assessment is completed by a physician, psychiatrist or psychologist before

discharge where there is a planned discharge of an inmate on a Watch or Observation.
When an assessment cannot be completed, an Application for Psychiatric Assessment
(Form 1) will be completed. If the inmate is discharged unexpectedly (e.g., released at
court, sentence to time served, released in error, remand warrant, on other charges or
release of wrong inmate), reasonable efforts must be taken to alert relevant agencies of
the risk to enable informed decisions (e.g. precautions, take appropriate next steps if the
inmate is released, etc.), and

all other health care staff tasks are completed as outlined in this policy.

Correctional staff ensure:

all inmates are screened using the Suicide Prevention Admission Checklist as part of the
admissions processing in Admitting and Discharge (A&D), and OTIS alerts are reviewed
and updated as required,

the necessary supervision and documentation (e.g., log books, duty notebooks, etc.), and
OTIS entries are completed and contain information that can be used by the
inter professional team (i.e. in consultation processes) and submitted without delay,
(see 6.8 Documentation),

all required observation requirements identified on the Observation Report Form, Special
Observation Status Form and/or Inmate Care Plan (if applicable) are reviewed at the start
of each shift. This review must be recorded in the log book,

an operating manager is consulted regarding placement and movement decisions for an

inmate on a Suicide Watch or Observation(s) and made aware of any suspected or
known Code related factors,

an inmate's Code related needs and requests are considered and responded to
(e.g., Indigenous ancestry, creed/religion, disability, gender identity, etc.). When required
or uncertain, an operating manager is consulted for further direction. All decisions must
be based on safety and the appropriate care and outcome for the inmate. See 8.0
Related Documents for additional information regarding Undue Hardship,

the completion of tasks assigned to them in this policy and referenced policies (including
tasks assigned as per local Standing Orders).

6. Procedures

All inmates in Correctional Services facilities are at increased risk for suicide, and risk factors
may be compounded for many of these inmates.

The procedures are to be read in conjunction with the following policies in the Institutional
Services Policy and Procedures Manual: Death of an Inmate, Emergency Rescue

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Knife, Placement of Special Management Inmates, Admitting, Report Writing, and any other
applicable policy.

Training

The superintendent or designate must ensure required staff attend the Suicide
Awareness Basic training and subsequently the Suicide Awareness Refresher training
every two years. Staff required to complete training are:

a. deputy superintendent (operations);

b. operating managers;
c. A&D staff;
d. correctional officers;
e. nurses, health care managers/senior nurses;
f. social workers;
g. classification staff;
h. chaplains;
i. volunteer coordinators;
j. food services; and
k. any other staff who supervise inmates (e.g. maintenance staff).

Training schedules should be made available and physicians, psychiatrists and

psychologists (including if they are fee for service staff) should be encouraged
to attend.

Completion of Suicide Awareness Refresher training must be recorded on the Training

Partner (TP), Learning Management System (LMS) by the Institutional Training Manager
(ITM) or designate for effective staff training and tracking purposes.

Suicidal Screening and Identification

Identifying inmates at risk of suicide begins with screening at admission (admission and
readmission). As part of admission processing, a Suicide Prevention Admissions
Checklist and a review of OTIS alerts must be completed for all inmates being admitted
into a provincial institution by A&D correctional staff. This also includes inmates:

a. who are transferred from provincial and federal facilities;

b. who have surrendered on appeal;
c. serving a one day sentence; and
d. serving intermittent sentences (each and every time they report during the
sentence).

The operating manager must be immediately notified to initiate further assessment (e.g.
Suicide Screening Tool) if two or more answers are checked in the Suicide Indicators
section of the Suicide Prevention Admission Checklist or if, in the judgment of staff
completing this checklist, the inmate is at risk of suicide.

The inmate must be supervised until the operating manager or designate

provides direction.

Suicidal warning signs and risk factors may develop at any time during an inmate's
incarceration. Staff must be diligent in their observation, taking Code related factors into

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account, where applicable. Examples of risk factors and warning signs may include but
are not limited to one or more of the following;

Precipitant Risk Factors:

• first time incarceration, lengthy sentence, heinous crime or imposition of

additional charges;
• loss of surety or unexpected sentence;
• family history of suicide;
• history of suicide attempt;
• loss of a loved one;
• changes in family, marital or relationship status (e.g., recipient of letter ending a
personal relationship);
• clinical risk factors;
• past and current major psychiatric illness;
• serious medical illness;
• substance abuse and withdrawal;
• pregnancy and/or postpartum, and
• self harming (e.g. cutting oneself) or risk taking behavior;

Warning Signs:

• depression, expressions of hopelessness or negative self image;

• preoccupation with death;
• talking or joking about suicide, talking about what it would be like to die and/or
talking about feeling hopeless or having no reason to live;
• self neglect (e.g. hygiene);
• withdrawal from relationships or commitments followed by positive behavior;
• looking for a way to kill oneself;
• talking about feeling trapped or in unbearable pain;
• talking about being a burden to others;
• inability to look forward or make future plans;
• severe and unremitting anxiety, agitated; behaving recklessly or impulsively;
• sleeping too little or too much;
• showing rage or talking about seeking revenge;
• displaying extreme mood swings;
• preparations for the end (e.g. giving away possessions, uncharacteristically
writing letters, tying up loose ends), and
• hearing voices (e.g. instructing them to do something dangerous).

Should suicidal indicators be present, the staff who become aware of significant
information or has concerns will immediately:

a. ensure the inmate is supervised;

b. notify the operating manager;
c. record any concerns in an Occurrence Report without delay;
d. immediately refer to clinical staff for a suicide risk assessment, and
e. ensure that, prior to exiting the area, changing assignment or activity, this
information is brought to the attention of the next staff assuming responsibility for
the inmate.

Note: Staff must maintain direct observation of the inmate until direction is
provided by the operating manager.

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 The Suicide Prevention Admission Checklist and/or relevant Occurrence Report, together
with input from staff (e.g. knowledge of the inmate's mental status, personal situation and
behaviour, etc.) must be given to available health care or clinical staff by the operating
manager and/or A&D correctional staff.

If the nurse identifies concerns, or if the Suicide Prevention Admission Checklist indicates
a suicide risk, an assessment using the Suicide Screening Tool must be completed. The
nurse will ensure copies of the completed checklist and screening tool will be distributed
to the inmate's main file, health care record, social work and/or psychology file.

Another clinician will complete the Suicide Screening Tool, if designated in the Standing
Orders or when the nurse is unavailable to complete the suicide risk assessment. The
clinician will ensure copies of the completed checklist and screening tool will be
distributed to the inmate's main file, health care record, social work and/or psychology
file.

In the event clinical staff are unavailable (e.g. after hours), the operating manager will
complete the Suicide Screening Tool and attach the relevant Suicide Prevention
Admission Checklist and Occurrence Reports and forward to the Health Care Unit.

The Suicide Screening Tool is a tool designed to assist in the suicide risk
assessment process. The use of the screening tool is only one aspect of the
risk assessment process and helps to inform the clinical decision.

A physician, psychiatrist or psychologist, while conducting a face to face reassessment

(i.e., in person, telemedicine) of an inmate already on a Suicide Watch or Enhanced
Supervision, may also administer the Suicide Screening Tool.

Assessment

Self Harming Behaviour

a. The relationship between suicidal behaviour and self harming behaviour is

complex. Inmates who exhibit self harming behaviour must be referred to clinical
staff who will assess the inmate for concurrent suicidal ideation.
b. Suicidal behaviour and self harming behaviour are clinically different. Suicidal
individuals take action with the intent to end their life, while people who self harm
do not necessarily intend to die. However, self harm can cause superficial or
serious injury and may inadvertently result in death. For serious injuries, see
Sudden Death/Suicide/Life Threatening Injury Fact Sheet (located Institution
templates - Operations - Dual).
c. Inmates who self harm must be provided with ongoing support and increased
observation throughout their incarceration.

Inmates Under Supervision of Correctional Services Canada

When an inmate presents as a potential suicide risk and is under the authority
of the Correctional Service Canada (CSC) (e.g., unlawfully at large, escaped
from a CSC facility, violation of parole or mandatory supervision, etc.), the
operating manager or designate must contact CSC. During business hours the
call is made to the nearest National Parole Office. In the evenings, on
weekends or on statutory holidays the CSC office (National Monitoring Centre)
number to be called is 1 866 400 3765.

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 Canadian Border Services Agency Detainee

A notification is required to Canadian Border Services Agency (CBSA) without

delay for immigration detainees who have been identified as being at risk for
suicide or serious self harm, when there are changes in their status (e.g.
change/cancellation of Suicide Watch) and for all instances when a detainee is
admitted to the hospital. The CBSA can be reached during core business hours
from Monday to Friday from 8:00 am to 4:00 pm at 416 401 8516 and after
hours and on weekends at 905 609 3086. See 6.7.4 for more information on
immigration hearings.

Intervention

Suicide Watch and Constant Watch (Watch)

a. Should a risk for suicide be identified and confirmed, the staff initiating the Watch
completes the Suicide Watch Initiation Notice and distributes the Notice as
outlined on the form.
b. The person that initiates the Watch must ensure that the inmate's status is
documented on OTIS. The clinician must ensure changes and cancellations on
OTIS are updated and notify the operating manager (see 6.4.4 d Downgrading or
Cancellation of a Suicide Watch).
c. An inmate on Watch will be housed alone in a designated cell, ideally one that
has been designed for the management of suicidal inmates (e.g. special needs
unit, safe cell, etc.) and one that allows an in person unobstructed view of the
inmate during observation rounds. In the absence of such specialized
accommodation, the inmate will be placed in a cell designated by the
superintendent or designate as being most appropriate for housing suicidal
inmates. Close proximity to the staff supervising the area is required.

Using segregation as a location for housing an inmate should be used only as a

last resort and if all alternative management strategies and interventions have
been explored and rejected (see Placement of Special Management Inmate
Policy). The operating manager will document the rationale for placing an inmate
in segregation on the Segregation Decision/Review Form. Details regarding
alternatives considered and why they amount to undue hardship will also be
documented on the form. If additional space on the form is required, an
Occurrence Report can be attached.

d. Inmates should be informed of interventions being used to minimize their risk

(e.g. psychiatric care, increased observation, use of security gown and bedding,
etc.) of suicide so they understand what is occurring.
e. Maintaining human contact during and following a Watch period and beyond is
crucial.
f. Prior to placing the inmate in the cell, staff will inspect the cell to ensure that it is
suicide safe (e.g., all bedding, mattress, inmate clothing, possessions and
flammable materials removed, etc.), (see Routine Institutional Searches).
g. Every inmate on a Watch will only be provided with a security gown and security
bedding (e.g., blankets, mattress, pillow, etc.). It is the responsibility of each
institution to ensure an adequate supply of security gowns in a range of sizes
and security bedding is available (see 6.4.2 Security Gown and Special
Bedding).

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h. If there are concerns with inmate personal hygiene requirements (e.g.,
incontinent, menstruating, etc.), the Health Care Unit can be consulted to
determine alternative strategies to enhance safety while meeting these needs.
i. Meals will be served on paper, Styrofoam or disposable plates with ecotensil (i.e.
paper spoon) or no utensils. If no utensils are provided, a Finger Food diet
(authorized by an operating manager or health care staff) will be provided which
includes food that is easily eaten using fingers. If an ecotensil is provided, a
Regular Diet can be utilized. Fluids will be provided in paper or Styrofoam
disposable cups. Disposable plates, cups and ecotensil (if using), will be
accounted for and removed on completion of each meal. Inmates on Watch will
be offered fluids for hydration between meals.
j. Suicide Watch supervision minimally requires in person, direct observation at
least once every 10 minutes with attempts at verbal communication at least once
per hour during waking hours (e.g., 0700 to 2300 hours). The staff conducting
the checks must document the inmate's behaviour and comments (if any) on
each attempt at verbal interaction on the Observation Report Form.
k. All checks of inmates on a Watch must be documented on an Observation
Report Form by all staff completing a tour and a copy of the form is to be filed in
the main inmate file. The form requires that:
i. all boxes be filled in at the top of each page;
ii. the first entry made by staff must contain their full signature and initials.
Entries that follow, by that same staff member, may be initialed only;
iii. observations of the inmate's behaviour are recorded each time the area is
checked by staff, detailing what the inmate is doing including;

objective statements on the inmate's condition and status (e.g., appears to be

sleeping and chest moves with breathing, awake and sitting quietly, pacing,
etc.). Where a Constant Watch is in effect, the recording code IOC for inmate
observed constantly may be employed, plus objective statements on the
inmate's status at each and every 10 minute interval.

iv. interactions with the inmate are recorded on the Observation Report Form
(e.g., gown/clothing exchanges, toiletry issue, meals etc.);
v. if acronyms are used, the first entry using the acronym, must be in full format
followed by the acronym (e.g. I/M for Inmate); and
vi. forms are usually posted close to each cell occupied by an inmate with a
cover sheet listing the inmate's name and OTIS number on top. This will
provide privacy of the information contained.

Consideration for using an inmate's preferred name is to be applied when

appropriate (see Admission, Classification and Placement of Trans Inmates
policy for direction in the use of preferred name).

l. Correctional staff may supervise more than one inmate on Watch at a time,
provided the staff member can continue to complete the observations and
documentation required (see 6.8 Documentation).
m. Closed circuit camera systems may be installed in cells designated for the
accommodation of those inmates deemed suicidal. However, the use of such
cameras do not reduce or replace the need for human contact and in person
supervision at the designated intervals (see Video Monitoring of Segregation and
Close Confinement Cells).
n. A physician, psychiatrist or psychologist will conduct a face to face assessment
of an inmate on Watch (i.e., in person, telemedicine), within 24 hours, when

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 possible. The inmate will be assessed in person at the next opportunity (e.g.,
clinic, medical rounds, etc.).
o. In every case, reassessment will take place during every on site visit for the
duration of the inmate's placement on a Watch. Where operationally feasible,
inmates must be assessed daily.

Procedures must be in place to ensure:

• outcome of assessments (e.g. change in inmate's status) are shared with

relevant staff;
• changes are reflected in OTIS;
• details are documented on pertinent forms; and
• the Inmate is updated as appropriate.
p. The operating manager and the nurse will see and assess all inmates on Watch
at least once per shift for the duration of the Watch. The visits must be
documented in the log book and the nurse will document the clinical assessment
in the inmate's Health Care Record.
q. Interviews of suicidal inmates by staff may occur in cells, offices or any other
appropriate location within the institution that most respects the privacy and the
sensitive nature of the interview. In every case, correctional staff will accompany
other staff (e.g. clinical staff with supervision training), when escorting suicidal
inmates leaving or returning to the cell. At the discretion of the staff conducting
the interview, staff may be present while the interview is in progress, or stationed
and available outside the door. Staff must have an unobstructed view of the
suicidal inmate at all times and the ability to immediately intervene if necessary.

If operationally feasible, staff should consider supervised meetings between a

suicidal inmate and support services (e.g., NILO, chaplains, mental health, etc.)
in a safe and private setting. Staff must have an unobstructed view of the suicidal
inmate at all times and the ability to immediately intervene if necessary.

r. On occasion, it may be necessary to initiate a Constant Watch to ensure an

inmate's physical safety. Constant observation may be ordered by any clinician,
or in their absence, the operating manager. A Constant Watch may be
warranted, for example, where an inmate is displaying suicidal or serious self
harming behaviour (e.g., banging head, cutting/slashing, biting, etc.).

Where operationally feasible, consideration and sensitivity to the personal dignity

and modesty of the inmate will be demonstrated. This will be done by assigning
staff of the same gender to match the inmate or trans inmate's monitoring
preference request when they are on a Constant Watch. For trans inmates,
see Admission, Classification and Placement of Trans Inmates policy.

Security Gown and Special Bedding (Protective Clothing)

a. Each institution will have a supply of sleeveless, tear resistant clothing and
special bedding for issue to inmates. The purpose is for inmates who:
i. based on standardized and individual assessment(s), are considered to be
potentially suicidal or are on a Suicide Watch;
ii. are considered at risk for self harm if issued routine bedding and clothing; or
iii. are destroying property or exhibiting other seriously negative behaviour.
b. While these items (security gown and special bedding) are insulated, the
operating manager must make a personal check to ensure that the temperature

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 of the cell is suitable. Additionally, security blankets should be provided when the
environment is cool or if an inmate is requesting blankets and/or appears to be
cold.
c. Trilcor Industries is the only approved supplier of security gowns to Correctional
Services. Trilcor labels gowns in sizes small (fits medium torso 40 inch), medium
(fits large torso 60 inch) and large (fits extremely large torso 75 inch). The
superintendent or designate will ensure that a sufficient stock of all security gown
sizes is maintained at the institution (see 8.0 Security Gown Ordering
Requirements by Institution).
d. It is essential that staff:
i. inspect the security gown for any tears, threading, edging issues prior to issuing;
and
ii. ensure the size of the security gown is appropriate for the inmate. A security
gown that is too large can facilitate a suicide as the arm holes can be used as a
ligature.

Note: A security gown is not a modesty gown as the purpose for use is very
different. For more information on modesty gown, see Placement of Special
Management Inmate policy.

Use of Restraints

a. If deemed necessary for the inmate's safety, subject to any Code related
considerations, the operating manager may order restraints be used during a
Suicide Watch to prevent self harm. Restraining equipment must be Ministry
approved, well maintained and must fit the inmate properly. Due to the dangers
of excited delirium, inmates must be monitored closely (see Mechanical
Restraints).

Note: The use of the Restraint Chair is a last alternative when other restraint
options or interventions are inadequate or not viable. The use of the Restraint
Chair is considered on a case by case basis, is subject to any Code related
considerations and must be approved by the superintendent or designate where
it has been determined that the Restraint Chair is required (i.e. protect inmate
from engaging in serious self injurious behaviour). See Restraint Chair.

b. Whenever restraints are used for control purposes (see Use of Force) while an
inmate is on Suicide Watch, the inmate must be assessed as soon as possible
by Health Care staff. Health Care staff will also examine the inmate after the
restraints have been removed. If it is necessary to keep an inmate in restraints
for longer than an hour, the inmate will be assessed by a Health Care
professional at least once every hour (or an operating manager when a nurse is
not on duty).
c. A physician, psychiatrist or psychologist will assess the need for the continued
use of restraints daily or, where not feasible, at each clinic. This assessment will
be considered a priority.
d. In the absence of the above, the operating manager may authorize the removal
of restraints when deemed appropriate, and if so, must consult with clinical staff
where available.
e. Disciplinary action for suicidal inmates should only occur in extenuating
circumstances.

Downgrading or Cancellation of a Suicide Watch

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 a. Only a physician, psychiatrist or psychologist, after completing a face to face
assessment (i.e., in person, telemedicine) may downgrade or cancel a Suicide
Watch.
b. Following a Suicide Watch cancellation or downgrade, the inmate is either
returned to a specified living area with a Recovery Plan or placed on Enhanced
Supervision.
c. The physician, psychiatrist or psychologist is responsible for documenting inmate
status changes on the Change/Cancellation of Suicide Watch Notice, and
ensuring appropriate follow up/reintegration referrals are made and documented
in the Recovery Plan/Referrals section (see Institution templates - Suicide Policy
- Change/Cancellation of Suicide Watch Notice).

In extenuating circumstances, where an institution has a shortage of physician,

psychiatrist or psychologist resources, a written request for exemption of this
section of the policy can be submitted to the regional director. All exemption
requests must include a rationale for the exemption as well as an alternate plan
for downgrading or cancelling a Suicide Watch. The regional director will consult
with the Senior Medical Consultant, Manager of Corporate Health Care and the
Senior Social Work/Special Needs Consultant prior to making a final decision
regarding the exemption request. The regional director must inform the ADM
when an exemption request has been approved and forward a copy to the
Director, Programs and Operational Policy Branch for its records
(see Superintendent policy, Requests for Exemptions section for more details).

d. Changes in the inmate status must be documented on the Suicide Watch

Change/Cancellation Form and distributed accordingly. The clinician initiating the
Change/Cancellation of Suicide Watch Change/Cancellation Form or the clinician
who transcribes the physician or psychiatrist order, must ensure changes and
cancellations are updated on OTIS and notify the operating manager.
e. When the Suicide Watch is cancelled, copies of all related documents are to be
distributed and filed as per the distribution list on each form.

Enhanced Supervision

a. Enhanced Supervision may be used for an inmate who has been on Suicide
Watch and requires a gradual return in the population. It may also include an
inmate who has not been assessed as suicidal per se, but requires additional
supervision in order to prevent the development of a suicidal crisis.
b. Only a clinician is authorized to place an inmate on Enhanced Supervision
following a face to face assessment (i.e., in person, telemedicine) where suicidal
risk has been evaluated and the inmate is not deemed to be currently suicidal. It
is the responsibility of the clinician authorizing the placement to complete the
Enhanced Supervision Initiation Notice and ensure that OTIS has been updated.
The clinician must consult with the operating manager when specifying
restrictions including special instructions recommended during the supervision
(e.g., permitted regular meals, permitted mattress and blankets, placement, etc.).
c. An inmate on Enhanced Supervision may be housed alone or with another
compatible inmate (if appropriate) in a designated cell that allows an in person
unobstructed view of the inmate during observation rounds. In the absence of
specialized accommodation, the superintendent or designate will determine the
location for housing placement of inmates placed on Enhanced Supervision.
Ideally, cells used for Enhanced Supervision should be located in close proximity

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 to the correctional staff member responsible for supervising the inmate for close
monitoring.
d. Observation of an inmate on Enhanced Supervision will occur at a minimum
once every 15 minutes, with attempts at verbal interaction with the inmate at
least once an hour during waking hours (e.g., 0700 to 2300 hours). Maintaining
human contact with an inmate on Enhanced Supervision is a priority.
e. The supervising correctional staff will document the frequency of observation,
along with objective statements on the inmate's status at least once every 15
minutes. This documentation will be made in the institutional log books and
Observation Report Forms (if inmate placement is in segregation or special
needs unit, see section called Monitoring Segregation and Special Needs Units
in Placement of Special Management policy).
f. Staff supervising an inmate on Enhanced Supervision may supervise more than
one inmate at a time, provided the staff can complete the required observations
and documentation requirements.

Upgrading or Cancellation of Enhanced Supervision

a. A clinician may determine that the inmate should continue on Enhanced

Supervision or upgraded to a Suicide Watch.
b. A physician, psychiatrist or psychologist must assess or re asses an inmate on
Enhanced Supervision face to face (i.e., in person, telemedicine) within 48 hours
after initiation. Where no physician, psychiatrist or psychologist is available within
48 hours, the inmate will be assessed as soon as possible or during the first visit.
c. Only a physician, psychiatrist or psychologist, after completing a face to face
assessment (i.e., in person, telemedicine), can remove an inmate from
Enhanced Supervision. The Recovery Plan must be initiated or updated (see
Institution templates - Suicide Policy - Change/Cancellation of Enhanced
Supervision Notice).

In extenuating circumstances, where an institution has a shortage of physician,

psychiatrist or psychologist resources, a written request for exemption of this
section of the policy can be submitted to the regional director. All exemption
requests must include a rationale for the exemption as well as an alternate plan
for downgrading or cancellation of a Suicide Watch. The regional director will
consult with the Senior Medical Consultant, Manager of Corporate Health Care
and the Senior Social Work/Special Needs Consultant prior to making a final
decision regarding the exemption request. All approved exemption requests are
to be forwarded to the Director, Programs and Operational Policy Branch for its
records (see Superintendent policy, Requests for Exemptions section for more
details).

d. The clinician, who completes the Change/Cancellation of Enhanced Supervision

Notice or who transcribes the physician or psychiatrist order for cancellation,
must ensure changes and cancellations are updated on OTIS and notify the
operating manager.
e. Changes in inmate status must be documented on the Change/Cancellation of
Enhanced Supervision Notice and distributed accordingly. The clinician initiating
the Change/Cancellation of Enhanced Supervision Notice or who transcribes the
physician or psychiatrist order, must ensure changes and cancellations are
updated on OTIS and notify the operating manager.
f. Institutional Standing Orders must reflect that the operating manager and the
nurse will see and assess all inmates on Enhanced Supervision at least once per

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 shift for the duration of the supervision. These visits must be documented in the
log book. Additionally, the nurse will document the clinical assessment in the
inmate's Health Care Record.
g. Upon cancellation of Enhanced Supervision, copies of all related documents are
distributed and filed as per the distribution instructions on each form.

Recovery Plan

A documented plan that outlines ongoing interventions and support provisions for every
inmate placed on a Suicide Watch or Enhanced Supervision is completed. The plan is to
be completed prior to or at the latest when the Suicide Watch/Enhanced Supervision is
discontinued (see Institution templates - Suicide Policy - Change/Cancellation of Suicide
Watch Notice and/or Change/Cancellation of Enhanced Supervision Notice to input
Recovery Plan details).

The person authorizing the Change/Cancellation of the Suicide Watch or

Change/Cancellation of Enhanced Supervision Notice is responsible for completing the
Recovery Plan prior to the inmate being returned to a living unit. A copy is to be provided
to the operating manager and any other relevant person(s) or department(s).

Every Recovery Plan should incorporate the following:

a. Inmate identification information and their current suicide status;

b. Name and title of clinician initiating the change or cancellation;
c. Recommended housing placement to the attention of the operating manager of
the inmate once the Suicide Watch or Enhanced Supervision has been changed
or discontinued (i.e., the most appropriate unit, the inmate's location on that unit)
for approval; and
d. Listing all referrals and involvement of inter professional team (both institution
and community supports) for the purpose of:
i. ongoing assessment and development;
ii. other Action/Special Consideration Recommendations including an inmate's
Human Right Code related needs, if any and to provide accommodation of such
needs short of undue hardship;
iii. the creation of a more comprehensive follow up and/or Discharge Plan, as
required.

Post Incident/Postvention

Where suicide has been attempted or has occurred, the superintendent or designate will
ensure that the Critical Incident Stress Management (CISM) team is contacted to
determine support needs and facilitate services for affected employees when appropriate.
The superintendent or designate will ensure that clinical support is provided to affected
inmates, as required. (See Death of an Inmate, and Critical Incident Stress Management
Program).

In addition to the above, supplementary support can be sought through the

Employee Assistance Program (EAP) by contacting services toll free
1 800 268 5211 or TTY 1 800 363 6270. Staff can independently request
one on one support as well, management has the capability to request an
on site critical incident trauma debriefing through EAP for all affected staff.

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 In addition to a Coroner's Inquest, an internal Ministry investigation is initiated following
every inmate suicide.

Special Situations

Information from the Public

a. All sources of information about an inmate at risk for suicide or self harm must be
taken seriously. Sources may include the inmate's family, friends, former
inmates, OTIS, court records, police, bailiffs, probation and parole officers,
pre sentence reports, progress logs, inmate letters, lawyers, volunteers among
others (e.g. community support person, spiritual caregiver, etc.).
b. Staff who receive a request from a member of the public (e.g., in person, in
writing or by telephone, etc.) to see the senior officer on duty regarding an
inmate's risk to themselves, will immediately relay the request to the operating
manager and will not refuse the request. The employee will document details of
this request in an Occurrence Report.
c. The operating manager (or designate/health care coordinator if requested) will
meet with and or contact the member of the public as soon as possible or
document (with the reasons) why this was not done (see Information from the
Public).
d. The operating manager (or designate/health care coordinator) receiving
information from the member of the public will document in an Occurrence
Report the details received and actions taken.

Critical Information Sharing

Effective and timely information sharing by staff regarding inmates at risk of

suicide or self harm is critical from the onset (initial indication of concern) until
recovery for continuity of care. This includes but is not limited to:

i. ensuring OTIS alerts and relevant forms (e.g. Suicide Watch Information
Exchange Form, Critical Information Exchange Form, etc.) are reviewed and
updated; and
ii. relaying changes in an inmate's status or movement to internal staff,
inter professional team members, and external stakeholders (e.g. court house,
health care, etc.) as appropriate (see 6.7.5 Release).

Transfer of Inmates on Suicide Watch

a. In all cases, in addition to the completion of Suicide Watch Information Exchange

Form and OTIS entries, the institution that the inmate on Watch resides in, must
notify the receiving institution (e.g., hospital, agency, Correctional Service
Canada, etc.) of an inmate on Suicide Watch being transferred to them. Person
to person communication is required to ensure staffing and housing
arrangements for the continuity of the intervention can be facilitated. Standing
Orders must identify the person responsible for this notification.
b. Health care staff of the sending institution will notify the health care staff at the
receiving institution of the inmate's Suicide Watch status. The staff responsible
for making contact with the receiving health care unit must be identified in the
Standing Orders.
c. Special considerations are given to a suicidal inmate being transferred from one
correctional institution to another who is in security clothing. Provided there is

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 face to face supervision by staff during the transfer, it is imperative that the
dignity of the inmate (even in crisis) is respected by ensuring the inmate's safety
and providing appropriate attire. Transfer apparel may include ministry
sanctioned clothing, shoes, and in inclement weather, a jacket. Upon arrival at
the receiving institution, A&D staff ensures that the inmate's apparel is changed
back to security clothing and the clothing used for transfer is returned to the
transferring institution.
d. During any transfer, where the inmate on Suicide Watch remains under the
supervision of correctional staff, documentation at the required intervals will
continue.

Inmate to Court/Immigration Hearing

a. When a suicidal inmate leaves the institution to attend court or an immigration

hearing, the operating manager must ensure the Suicide Watch Information
Exchange Form is completed and signed, and copies provided to the person
assuming custody of the inmate. The person assuming custody of the inmate is
advised that a copy of the form should be provided to anyone who may provide
care and or supervision of the inmate including the Crown Attorney, presiding
Judge, or Immigration Adjudicator. Institution staff will retain a copy of the form
on the inmate's file and include the name of the agency and the escorting
person(s) who was given the form.
b. This critical information is intended only as a mechanism to alert the agency
receiving the custody of the suicidal inmate and for purposes of documented
evidence of the information exchange in the event of an incident. It is not meant
to be disclosed outside of the participating agencies or to be used for court
purposes (e.g. opinion evidence at a trial). The Suicide Watch Information
Exchange Form is intended to enable exchange of critical information regarding
suicidal inmates under escort/transfer.

Release

a. To safely manage an inmate's suicidal behaviour, it is crucial to ensure effective

and timely verbal and written communication with appropriate supports outside
the institution. Communication must occur upon an inmate's admission to a
correctional institution, when:
i. a suicidal inmate goes to court,
ii. is released from court,
iii. is transferred,
iv. is in hospital with escort, or
v. is released from the institution.
b. The ministry does not govern the court system's policies, procedures or
guidelines for releasing an inmate under their authority. Where it can be
anticipated that a suicidal inmate will be released, either from court or on release
date, Ministry staff have an obligation to take all reasonable steps to ensure the
ongoing protection of that inmate from self harm or suicide and to provide
appropriate discharge support and planning.
c. Every reasonable effort will be made to have a suicidal inmate assessed by the
institution physician, psychiatrist or psychologist prior to release. If at their
discretion, it is determined that the inmate continues to be in danger to self or
others, the inmate must be transferred to a Schedule 1 psychiatric facility for
evaluation (see Designated Psychiatric Facilities). If there is no authority to hold
the inmate for an evaluation, prior to release, the inmate should be placed on an

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 Application for Psychiatric Assessment (Form 1), under the Mental Health Act,
and the local police authorities alerted. Where significant mental health issues
are evident and the Form 1 has been issued, health care staff should provide the
psychiatric facility with advance notice that a Form 1 patient is being sent to them
upon release.

Medical Temporary Absence

a. The operating manager must ensure that the Suicide Watch Information
Exchange Form is completed and provided to the A&D manager. A copy of the
form is to be provided to the receiving agency or escorting officers. Should the
inmate require hospital admission, the escorting officers will be responsible for
giving a copy of the form to hospital personnel (see Escorts to Health Care
Facilities).
b. Staff assigned to supervise the inmate on Medical Temporary Absence will
continue the required observations and documentation stipulated above.

Documentation

The provisions of the Freedom of Information and Protection Privacy Act (FIPPA) and the
Personal Health Information Protection Act (PHIPPA) regarding documentation must be
adhered to. A written record is essential to provide evidence based support for decisions
(see Inmate Incident Report Manual). Written records may include, but are not limited to
the following documents:

a. Accident and Injury Report;

b. Inmate Care Plan (inmates suspected or known to have mental illness);
c. Duty Notebook;
d. Enhanced Supervision Initiation Notice and Change/Cancellation of Enhanced
Supervision Notice;
e. Health Care Records;
f. Inmate Information Report (IIR);
g. Jail Screening Assessment Tool (JSAT);
h. Log Book;
i. Observation Report;
j. Occurrence Report;
k. Segregation Decision/Review Form (if required, see Placement of Special Management
Inmates Policy);
l. Special Observation Status Form;
m. Sudden Death/Suicide/Life Threatening Injury Fact Sheet;
n. Suicide Initiation Notice and Change/Cancellation of Suicide Watch Notice;
o. Suicide Prevention Admission Checklist;
p. Suicide Screening Tool;
q. Suicide Watch (SW) Information Exchange;

7. Authority

Canadian Charter of Rights and Freedoms, Constitution Act, 1982, ref. 7. Life, Liberty and
Security of Person; 8. Detention or Imprisonment, 12. Treatment or Punishment, 14. Interpreter,
15. Equality Rights

Ontario Human Rights Code, R.S.O. 1990, ref. Freedom from Discrimination regarding 2012, c.
7, s. 1 Services and 2012, c. 7, s. 2 (1) Accommodation

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 Ministry of Correctional Services Act, R.S.O. 1990, Chapter M. 22, 2009, C.2, s. 17 ref. (5)
Functions of Ministry, 24 (1) Medical Treatment, 24 (2) Psychiatric Treatment, 24 (3) Mental
Examination

Ministry of Correctional Services Act, R.R.O. 1990, Reg. 778, ref. Duties of Superintendent,
Health Care Professionals, Employees

Ministry of Correctional Services Act, R.R.O. 1990, Reg. 778, ref. Segregation

Ministry of Correctional Services Act, R.R.O. 1990, Reg. 778, ref. Searches

Coroners Act, R.S.O. 1990, C.C.37, s. ref. 10 (1) Duty to give information, 15 (1) Duty to give
information, 16 (1) Investigative Powers

Freedom of Information and Protection of Privacy Act, ref. Use and Disclosure of Personal
Information R.S.O., 1990, 41. (1)

Personal Health Information Protection Act, ref. 38. (3) Facility that provides Health Care, 39. (4)
Authorization to Collect, 40. (1) Disclosure related to Risks, 40. (2) Disclosure related to Care or
Custody and 40. (3) Same

8. Related Documents

Refer to Naloxone Take Home Kits, Memorandum dated November 17, 2016

Refer to Undue Hardship, dated July 30, 2015

Refer to Security Gown Ordering Requirements by Institution

Refer to Transfer of Suicidal Offenders, Memorandum dated May 26, 2011

9. Revision History

Date Description of Change Reference Sections

December 14, 2016 Complete rewrite of policy, placed into new New sections 1.0, 2.0,
format 5.0, 7.0, 8.0 and 9.0
New definitions added 4.0
Operational manager changed to operating Throughout document
manager
Information regarding accommodating an Throughout document
inmate's Human Rights Code (HRC) related
needs including web link to Human Rights Code
Policies identified that should be read in 6.0
conjunction with the text of this policy
Staff identified to attend and complete the 6.1.1
Suicide Awareness Basic and Refresher training
Identified requirement to utilize Training Partner, 6.1.2
Learning Management System to track Suicide
Awareness Basic and Refresher training

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Requirement to notify the operating manager if 6.2.2
results of a Suicide Prevention Admissions
Checklist is affirmative and the inmate is
considered to be at risk
Addition of suicidal warning signs and risk 6.2.3
factors
Correctional Services Canada duty office 6.3.2
(National Monitoring Centre) after hours phone
number updated
Meal/Diets serving Styrofoam/disposable plates 6.4.1 i
and ecotensil added
Details added regarding the use of segregation 6.4.1 c
as a last resort
Same gender observation considerations for 6.4.1 r
inmate's on a Constant Watch
Consideration for supervised meetings between 6.4.1 q
a suicidal inmate and staff and support services
in a safe and private setting
Recovery Plan requirements for Suicide Watch Throughout document
or Enhanced Supervision inmates
Security Gown and Special Bedding (Protective 6.4.2
Clothing) expanded
Use of Restraint Chair for an inmate on Suicide 6.4.3 a
Watch added hyperlinks to Restraint Chair and
Use of Force policies
Telemedicine added for face to face assessment Throughout document
purposes by health care professionals as an
option when it is not feasible in person
Supplemental postvention support with 6.6.1 a
Employee Assistance Program (EAP) added
Requirement to document details from public 6.7.1 b
sources and actions taken regarding information
of an inmate being potentially suicidal
Suicide Watch Information Exchange Throughout document
responsibilities clarified
Critical Information Sharing details added for the 6.7.2, 6.7.5
purpose of continuity of care including release
from custody
Documentation requirements added with 6.7
examples
Update to special considerations for inmates on 6.7.3
transfer between institutions in security clothing
or ministry sanctioned clothing
Supplementary Information regarding Providing 8.0
Accommodations Short of Undue Hardship
Supplementary documents added for the 8.0

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standard minimum ordering of security gowns
Memorandum added regarding Naloxone Take 8.0
Home Kits for Offenders on Release

328
Institutional Services
Policy and Procedures Manual
Release Date:
October 2009
Section:
Services
Sub Section:
Health Care Services

Substance Abuse Testing

Policy
No Correctional Services client shall be subject to a urinalysis or other form of biological sample
test unless such test is an integral part of a treatment program and prior authorization has been
granted to conduct such tests.

Authority
Ministry of Correctional Services Act, ref. "Functions of Ministry"; and "Regulations".

Procedure
No inmate will be subject to any form of substance abuse testing involving the analysis of
biological samples taken from or provided by the inmate unless such testing is an integral
component of a treatment program and has received prior approval by the Director,
Management and Operational Support Branch. Such samples include but are not limited to
urine, blood, hair, sputum, skin and ophthalmic testing.

Any questions/inquiries regarding substance abuse testing, including the purchase of equipment
not on standing agreements, must be referred to Adult Institutional Services, North Bay.

This policy does not affect clinical procedures/practices utilized by health care professionals for
therapeutic/diagnostic purposes.

This policy does not preclude the taking or testing of samples by law enforcement officials under
the authority of a properly authorized court order (see Collection of Biological Samples by
Police).

Inmates may be subject to breathalyzer type testing when an employee has reasonable grounds
to suspect that the inmate has used or is using alcohol and that the results of such a test may
provide evidence of an offence. All breathalyzer type tests are conducted on approved
equipment.

The only exceptions are programs and/or research in which substance abuse testing involving
the analysis of biological samples is an integral component of a treatment program and has
received prior approval.

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To receive approval for programs using testing, a copy of the proposal, including the testing
methodology and schedule, together with the reasons why this type of testing is required must
be sent to the Manager, Professional and Shared Services. Research proposals involving
substance abuse testing are sent to the Manager, Program Effectiveness, Statistics and Applied
Research Unit for referral to the External Research Committee.

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Ministry of Institutional Services
Community Safety Policy and Procedures Manual
and Correctional Services

Section: Release Date:

Programs December 2008
Sub Section:
N/A

Overview of Programs
The Ministry of Correctional Services Act mandates the following program areas:

training, treatment and services;

programs for rehabilitation; and
the prevention of crime.

The objective of these programs is to "create a social environment in which inmates may achieve changes in
attitude…to afford them opportunities for successful personal and social adjustment in the community". Therefore
programs must target those situations and behaviours that bring inmates into conflict with the law and may cause
them to re -offend.

The Canadian Charter of Rights and Freedoms, correctional law and judicial decisions require that an inmate's
treatment be just, fair and humane and respect the inmate's inherent dignity as a person. As a citizen, the inmate
retains all the rights, privileges and freedoms of a member of society except those necessarily removed or
restricted by the sentence. A person who is incarcerated also has rights by virtue of his/her status as an inmate.
Therefore, the state must assume responsibility for the basics of care, including accommodation, food, medical
attention, personal hygiene and safety.

Remanded Inmates
While remanded inmates are frequently released after a very short time and will not obtain the full benefits of
participation in an extensive program, they may benefit from involvement in following selected Core Programs:

Life Skills programs (men's and women's);

Change is a Choice - Anger Management, Substance Use and Connections (men's and women's); and
Aboriginal Orientation programs - Eastern Door (men) and Understanding the Journey (women) programs.

Community volunteers may also provide additional programs and services for remanded inmates.

In addition to these Core Programs, programs and services for inmates on remand should comprise:

personal hygiene facilities;

laundry;
meals;
fresh air;
classification;
basic and emergency medical care;
emergency dental care;
emergency counselling and mental health services;
visiting;
telephones;
access to news media;
correspondence;
exercise of conscience and religious beliefs;
access to legal counsel and basic legal materials;
temporary absence program;
access to reading materials;
331
 volunteer programs;
when available, access to core programs;
some work opportunities for low risk inmates; and
ethnocultural services consistent with the Charter and Human Rights legislation (e.g., provision of diets and
practices based on religious/spiritual beliefs and culturally specific personal hygiene supplies).

Sentenced Inmates
A comprehensive risk/needs analysis during the assessment/classification process leads to informed decisions
about program requirements for individual inmates. Decisions can also be made about the level of supervision
necessary to protect the community and prevent crime. These decisions must also be consistent with the legal
principle to use the least restrictive level of intervention that meets the requirements of the sentence and is
consistent with public protection and the security, safety and good order of the institution.

To fulfil Correctional Services' program objectives, programs and services provided for sentenced inmates should
promote successful reintegration by targeting those behaviours and situations that result in crime. They can
achieve this by:

increasing socialization;
addressing those factors that lead to offending
reducing the propensity to reoffend;
enhancing employability;
treating psychiatric, psychological or behavioural disorder; and
facilitating re -entry into the community as a contributing member.

Based on research, programs and services, in addition to those provided to remanded inmates, should also
include:

lifeskills;
vocational/employment skills;
work/industrial programs;
basic literacy/numeracy/education;
core programs for substance abuse, anger management, sex offences, partner abuse and anti-criminal
thinking;
treatment including substance abuse, anger management, anti-criminal thinking, sex offending and partner
abuse;
communicable disease education;
productive use of leisure time (recreation);
discharge planning;
culturally specific programs for aboriginal offenders; and
gender specific programs for female inmates.

To ensure a comprehensive and effective program delivery mechanism using the full range of multi-disciplinary
resources, a case management model should be employed.

Correctional Services must provide programs to the highest standards of excellence and ensure that they are
directly related to the mandated service objectives. This includes contributions from volunteers and, when
possible, obtaining programs and services from organizations mandated to provide them (e.g., Ministry of Health,
Ministry of Education, Ministry of Training, Colleges and Universities, Employment and Immigration Canada,
Municipal Social Assistance, Canadian Mental Health Association, etc.).

Program T racking
To ensure that an accurate record of each offender's involvement in programs designed to assist in rehabilitation
and to facilitate successful community reintegration exists, the Program Tracking of OTIS must be maintained.

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Privacy Terms of Use Accessibility © Queen's Printer for Ontario

333
Ministry of Institutional Services
Community Safety Policy and Procedures Manual
and Correctional Services

Section: Release Date:

Administration September 7, 2012
Sub Section:
Reports

Standing Orders, Post Orders and Superintendent Directives

1.0 Purpose
The purpose of this policy is to establish guidelines for preparing Standing Orders, Post Orders and
Superintendent Directives.

2.0 Staff Affected

All institutional and regional staff who are required to write, revise, approve and familiarize themselves with
Standing Orders, Post Orders and Superintendent Directives.

3.0 Policy
3.1 Every institution will prepare Standing Orders which will be consistent with the Institutional Services
Policy and Procedures Manual and the general policy directions of Correctional Services.

3.2 The Standing Orders will be updated on an ongoing basis to ensure continuing compliance with the
general policy directions of Correctional Services and Institutional Services Policy and Procedures
Manual and will be reviewed annually by the regional director during the last quarter of each
calendar year.

3.3 Post Orders and Superintendent Directives will be consistent with the Standing Orders and give
precise direction regarding custodial, security and supervisory responsibilities relating to the activity
or area.

3.4 Post Orders and Superintendent Directives will be reviewed on a regular basis to ensure they are
current and provide suitable direction.

4.0 Definitions
4.1 Standing Orders: written orders that provide clear direction regarding institutional policy,
operational procedures, rules, and performance standards in effect at the institution.

4.2 Post Orders: written direction that has been authorized by the superintendent, supplements the
Standing Orders and provides instructions regarding a specific work location or a regular activity.

4.3 Superintendent Directives: written direction that has been authorized by the superintendent,
supplements the Standing Orders and provides instructions regarding a special, non-recurring
activity or a situation of limited duration. These directives are prepared using the "Superintendent's
Directive" form.

5.0 Responsibilities
5.1 The regional director conducts annual reviews of institution Standing Orders and then sends written
approval back to the institutions once completed.
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 5.2 The superintendent is responsible for ensuring compliance with this policy.

5.3 The superintendent ensures that Standing Orders are reviewed and updated on an ongoing basis.

5.4 The superintendent designates an employee to be responsible for the numbering, distributing and
returning of Standing Orders manuals.

5.5 The superintendent ensures that all employees are informed of the new or revised Standing Orders
and makes the text readily available to them.

5.6 Employees and supervisors must familiarize themselves with Standing Orders, Post Orders and
Superintendent Directives on an ongoing basis.

5.7 Staff receiving a hard copy or an electronic copy of Standing Orders, Post Orders and
Superintendent Directives are responsible for the confidentiality, safety and security of the
information.

6.0 Procedures
6.1 Standing Orders

6.1.1 Standing Orders reflect a comprehensive examination of the security classification,

programs and physical design of the institution, the types of inmates accommodated, the
precise nature of institutional activities, required delegations of authority, and such other
factors the superintendent considers important. They are general enough to reflect
Correctional Services and institutional objectives and complete enough to enable
employees to perform their duties effectively. Particulars regarding specific work locations
or non-recurring activities are normally detailed in Post Orders or Superintendent
Directives (see Section 6.2). In order to standardize the Standing Orders of different
institutions, the table of contents mirrors the table of contents of the Institutional Services
Policy and Procedures Manual.

6.1.2 At a minimum, the major divisions of the Institutional Services Manual are incorporated
(i e , administration, security and controls, inmate management, programs, services,
workplace safety, transfers and transportation etc.).

6.1.3 Standing Orders are entered on a computer and printed on the Standing Orders form (the
form is located on the institution templates menu - Administration and Misc. - Standing
Orders).

6.1.4 The superintendent ensures that Standing Orders are reviewed and updated on an
ongoing basis.

6.1.5 A revised text and electronic copy is forwarded to the regional office during September
each year to permit the annual review by the regional director. All electronic mail
attachments and CDs are to be clearly labelled and dated.

6.1.6 Pre-numbered printed Standing Orders are issued to all staff who have direct contact with
inmates.

6.1.7 Printed copies are placed in key operational areas throughout the institution (e.g. control
module, administration area, superintendent's office, etc.), thereby making them readily
available to other institutional employees. The superintendent may, in consultation with the
regional director, choose to provide electronic copies of the Standing Orders to staff
members. Electronic copies are to be made available in a read-only format. Staff receiving
an electronic copy will be responsible for the confidentiality, safety and security of the
information.

335
336
 Regulations under the Ministry of Correctional Services Act, ref "Duties of Superintendent, Health Care
Professionals, Employees"

Freedom of Information and Protection of Privacy Act

8.0 Related Documents

Not applicable.

9.0 Revision History

Date Description of Change Reference Sections
September 7, 2012 Former Standing Orders policy and Post All
Orders/Superintendent Directives policy have been combined.
Policy placed in new format.

337
338
339
340
Page 3

Accurate and Timely Updating of OTIS: Standing Order 01-16 Section 2.1 & 2.3

 Daily Bed Location Changes in OTIS – Staff are reminded that bed assignments
are determined by the Officer in Charge of the Unit and not by the inmate
population.

2.1 Living Unit Officers assigned to both day and night shift will update all daily movement
including: cell changes and relocations of inmates on the ‘OTIS Bed Location Change
Form’. The names and OTIS identification numbers as well as the “to and from” bed
locations MUST be included.

2.3 Each night Central Control staff will receive the updated ‘OTIS Bed Location Change
Forms’ from each living unit. Central Control staff will post all changes to bed
assignments into OTIS.

Meal Issue and Spoon Control: Standing Order 09-05 Entire Standing Order

 Attention is concentrated upon, but not limited to the following items;

o Accurate counting of trays, lids and spoons prior to issue,
o Examination of condition of trays, lids and spoons for damage etc. prior to
issue,
o Staff to issue meals, use of inmate servers is not permitted,
o Removal of lids prior to issuance of tray to inmate,
o Examination of condition of trays, lids and spoons upon retrieval from
inmate population,
o Accurate counting of trays, lids and spoons on living unit prior to return to
food services,
o Accurate and timely communication with co-workers about counts and
damage issues,
o Notification of Sergeants for issues with counts, damage or meal related
complaints,
o Accurate and timely entries into logbooks of all above noted items.

Logbooks: Standing Order 09-08 Entire Standing Order

 As correctional institutions are legally mandated to carry out the dispositions of

the courts; required to comply with a variety of legislative and
government/Ministry policies; and accountable to various agencies and the
public, it is essential that accurate, timely and comprehensive records be
maintained regarding institutional operations, occurrences and information
regarding incarcerated inmates. Logbooks and other log records are official
Ministry documents and may be subpoenaed or required for judicial or
investigation purposes, therefore, their completion and maintenance needs to
reflect this high degree of responsibility.

Please familiarize yourself with HWDC Standing Order 09-08; Subsections 2.1 to 2.18.

2.18 The following list, which is reflective of institution operations but not all-inclusive,
describes other activities that shall be documented:
CSD 089-001 (10/04)

341
Page 4

 all formal, informal and emergency counts;

 the issuance and return of razors and other institutional-issue personal
hygiene items;
 presence of/tours by supervisory staff and senior administrators;
 the arrival and departure of meal carts;
 meal serving, including an accurate accounting of the issuance, return and
correct number of utensils/materials; (spoons, trays, lids and disposable
meal trays)
 exit and entry times and names of all employees involved in relief or post
absences for rest periods, meal breaks, emergency alarm responses, fire
alarm responses, reassignment, etc. In regard to relief periods, the
surname, title and full signature of the employee being relieved and also
the employee assuming responsibility for the area shall be indicated, as
well as the number of inmates, keys and security equipment received.
Any additional log entries during the relief period shall be signed by the
Officer;
 patrols, security checks and clock rounds;
 any deficiencies and/or damage to any equipment or fixtures;
 laundry changes;
 entry and exit times and names of Maintenance staff performing repairs
and/or inspections;
 cleaning of areas, including name(s) of cleaner(s) out of the
dayroom/dormitory;
 all tests of emergency alarms and mobile radio alarms for both day and
night shifts;
 strip searches of inmates including reason for search and findings;
 releases and transfers out of the Unit with reasons and new admissions to
the area along with any pertinent notations, cautions;
 behavioural/security observations and occurrences that should be/are
brought to the attention of supervisors and relieving staff;
 names of professional, volunteer visitors and agencies staff and purpose
of visit;
 medication issue;
 emergency, fire alarms and area fire drills.

Bruce Laughlin
Superintendent
Hamilton-Wentworth DC

CSD 089-001 (10/04)

342
Français
Ministry of Correctional Services Act

R.S.O. 1990, CHAPTER M.22

Consolidation Period: From January 1, 2018 to the e-Laws currency date.

Last amendment: 2017, c. 34, Sched. 46, s. 26.

Legislative History: 1996, c. 1, Sched. P; 1997, c. 17, s. 6, 7; 1997, c. 39, s. 7-10; 2000, c. 40, s. 1-18; 2002, c. 12; 2002, c. 17, Sched. F,
Table; 2002, c. 18, Sched. N, s. 18-56 (But see 2009, c. 2, s. 32; 2009, c. 33, Sched. 9, s. 5 and Table of Public Statute Provisions Repealed
Under Section 10.1 of the Legislation Act, 2006 - December 31, 2012); 2006, c. 19, Sched. D, s. 12 (But see 2009, c. 2, s. 33); 2006, c. 21,
Sched. F, s. 136 (1); 2006, c. 34, Sched. C, s. 24; 2006, c. 35, Sched. C, s. 71; 2009, c. 2, s. 16-27; 2009, c. 33, Sched. 6, s. 69; 2009, c. 33,
Sched. 9, s. 8; 2014, c. 13, Sched. 9, s. 20; 2017, c. 14, Sched. 4, s. 22; 2017, c. 34, Sched. 46, s. 26.

CONTENTS
1. Definitions
PART I
MINISTRY OF CORRECTIONAL SERVICES
2. Ministry continued
3. Deputy Minister
4. Duties of Minister
5. Functions of Ministry
6. Employees
7. Delegation of Minister’s powers
8. Agreements to provide corrective services
9. Volunteers
10. Confidentiality
11. Designation of peace officers
12. Protection from personal liability
13. Compassionate allowance
PART II
CORRECTIONAL INSTITUTIONS
14. Correctional institutions
14.1 Local monitoring boards
14.2 Maximum and medium security custody programs
15. Community resource centre
15.1 Custody before sentencing
16. Sentence to correctional institution
17. Warrant ineffective to specify correctional institution
19. Provincial bailiffs
20. Superintendent of correctional institution
21. Use of correctional institution lock-up
22. Inspection, investigation
23. Ministerial inquiry
23.1 Searches
24. Hospitalization and mental examinations
25. Rehabilitation programs
26. Work outside institution
27. Temporary absence
27.1 Custody
28. Remission
28.1 Determinations of remission
30. Ministry employees, conflicts of interest, etc.
PART III
ONTARIO PAROLE BOARD
31. Meaning of “Board”, Part III

343
32. Ontario Parole Board
33. Board chair and quorum
34. Remuneration of part-time members
34.1 Exclusive jurisdiction of Board
35. Granting of parole
36. Revocation of parole before release
36.1 Victims
37. Remission
38. Duty to submit information to Board
39. Suspension of parole after release
41. Act not to affect executive power to reprieve, pardon, etc.
PART IV
ADULT PROBATION
42. Meaning of “court”, Part IV
43. Appointment of probation officers
44. Duties of probation officer
PART V.1
CONTRACTORS
57.1 Contractor employed in administration of Act
57.2 Relationship to Crown
57.3 Contract compliance monitoring
57.4 Minister’s directions to contractor, failure to provide competent services
57.5 Emergencies, safety risks
57.6 Replacement of superintendent
57.7 Powers of Ombudsman
57.8 Relationship of Part to contract
PART VI
GENERAL PROVISIONS
57.9 Substance testing
58. Application of Statutory Powers Procedure Act
59. Member of Legislative Assembly
60. Regulations

Definitions
1 In this Act,
“compassionate allowance” means an allowance made under section 13 of this Act and the regulations; (“indemnité
spéciale”)
“contractor” means an individual, corporation, partnership or unincorporated association that enters into a contract or
agreement under subsection 8 (4) or (5) to provide correctional services, and includes any person engaged by the contractor
to provide any of the services; (“entrepreneur”)
“correctional institution” means a correctional institution established or continued under section 14, whether it is operated or
maintained by the Ministry or by a contractor, but does not include a place of open custody, a place of secure custody, a
place of temporary detention or a lock-up established under section 16.1 of the Police Services Act; (“établissement
correctionnel”)
“correctional service” means a service provided for the purpose of carrying out the function or objects of the Ministry,
including the operation and maintenance of correctional institutions; (“service correctionnel”)
“Deputy Minister” means the Deputy Minister of Correctional Services; (“sous-ministre”)
“inmate” means a person confined in a correctional institution or otherwise detained in lawful custody under a court order,
but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal
Justice Act (Canada) unless he or she,
(a) has been transferred to ordinary court under the Young Offenders Act (Canada), or
(b) receives an adult sentence within the meaning of the Youth Criminal Justice Act (Canada); (“détenu”)
“Minister” means the Minister of Correctional Services; (“ministre”)
“Ministry” means the Ministry of Correctional Services; (“ministère”)

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“parole” means parole under the Corrections and Conditional Release Act (Canada) or this Act, and “parolee” means a
person who is released on parole; (“libération conditionnelle” ou “liberté conditionnelle”, “personne en liberté
conditionnelle”)
“prescribed” means prescribed by the regulations; (“prescrit”)
“probation” means the disposition of a court authorizing a person to be at large subject to the conditions of a probation order
or community service order and “probationer” means a person who is subject to a probation order or community service
order; (“probation”, “probationnaire”)
“regulations” means the regulations made under this Act; (“règlements”)
“remission” means the remission of an inmate’s sentence that he or she may earn in accordance with the Prisons and
Reformatories Act (Canada) or this Act; (“réduction de peine”) R.S.O. 1990, c. M.22, s. 1; 2000, c. 40, s. 1; 2002, c. 17,
Sched. F, Table; 2002, c. 18, Sched. N, s. 18 (2, 3, 5); 2006, c. 19, Sched. D, s. 12 (3, 4, 7, 10); 2009, c. 2, s. 16; 2009,
c. 33, Sched. 9, s. 8 (1).
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 1 (1-4) - 3/07/2001
2002, c. 17, Sched. F, Table - 1/01/2003; 2002, c. 18, Sched. N, s. 18 (2, 5) - 2/05/2005; 2002, c. 18, Sched. N, s. 18 (1, 4, 6) - no effect -
see 2009, c. 2, s. 32 - 9/03/2009; 2002, c. 18, Sched. N, s. 18 (3) - 17/12/2012
2006, c. 19, Sched. D, s. 12 (1, 3, 4, 7, 10) - 22/06/2006; 2006, c. 19, Sched. D, s. 12 (6, 9, 12) - no effect - see 2009, c. 2, s. 33 - 9/03/2009
2009, c. 2, s. 16 - 1/04/2009; 2009, c. 33, Sched. 9, s. 8 (1) - 15/12/2009

PART I
MINISTRY OF CORRECTIONAL SERVICES
Ministry continued
2 (1) The ministry of the public service known in English as the Ministry of Correctional Services and in French as ministère
des Services correctionnels is continued. R.S.O. 1990, c. M.22, s. 2 (1).
Minister to preside
(2) The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. M.22, s. 2 (2).
Deputy Minister
3 The Lieutenant Governor in Council shall appoint a Deputy Minister of Correctional Services who shall be the deputy head
of the Ministry. R.S.O. 1990, c. M.22, s. 3.
Duties of Minister
4 The Minister is responsible for the administration of this Act and any Acts that are assigned to him or her by the Legislature
or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.22, s. 4.
Functions of Ministry
5 It is the function of the Ministry to supervise the detention and release of inmates, parolees and probationers and to create
for them an environment in which they may achieve changes in attitude by providing training, treatment and services
designed to afford them opportunities for successful personal and social adjustment in the community, and, without limiting
the generality of the foregoing, the objects of the Ministry are to,
(a) provide for the custody of persons awaiting trial or convicted of offences;
(b) establish, maintain and operate correctional institutions;
(c) provide programs and facilities designed to assist in the rehabilitation of inmates;
(d) establish and operate a system of parole;
(e) provide probation services;
(f) provide supervision of non-custodial dispositions, where appropriate; and
(g) provide programs for the prevention of crime. 2009, c. 2, s. 17.
Section Amendments with date in force (d/m/y)

345
2002, c. 18, Sched. N, s. 19 (1, 2) - 1/04/2009
2009, c. 2, s. 17 - 1/04/2009
Employees
6 Such employees as are required from time to time for the proper conduct of the Ministry may be appointed under Part III of
the Public Service of Ontario Act, 2006. R.S.O. 1990, c. M.22, s. 6; 2006, c. 35, Sched. C, s. 71 (1).
Section Amendments with date in force (d/m/y)
2006, c. 35, Sched. C, s. 71 (1) - 20/08/2007
Delegation of Minister’s powers
7 Where, under this or any other Act, a power or duty is granted to or vested in the Minister, he or she may in writing
delegate that power or duty to the Deputy Minister, or to any officer or officers of the Ministry, subject to such limitations,
restrictions, conditions and requirements as the Minister may set out in the delegation. R.S.O. 1990, c. M.22, s. 7.
Agreements to provide corrective services
8 (1) The Minister, with the approval of the Lieutenant Governor in Council, may, on behalf of the Crown in right of
Ontario, make agreements with the Crown in right of Canada or of any province of Canada or with any municipality
respecting,
(a) the exchange of services provided by the Ministry;
(b) the transfer of inmates serving custodial sentences;
(c) any matter relating to the supervision and rehabilitation of an inmate, parolee or probationer; or
(d) any matter for the administration of which the Minister is responsible. R.S.O. 1990, c. M.22, s. 8 (1); 2009, c. 2,
s. 18 (1).
(2), (3) REPEALED: 2009, c. 2, s. 18 (2).
Agreements
(4) The Minister, for and in the name of the Crown, may enter into any contract or agreement that he or she considers
advisable for the purpose of carrying out the provisions of this Act. R.S.O. 1990, c. M.22, s. 8 (4).
Idem
(5) The employees of the Ministry under the direction of the Minister or the Deputy Minister may enter into contracts or
agreements for and in the name of the Crown to carry out the responsibilities of the Ministry under this Act. R.S.O. 1990,
c. M.22, s. 8 (5).
Same
(6) Without limiting the generality of subsections (4) and (5), a contract or agreement under either of those subsections may
authorize or require an individual, corporation, partnership or unincorporated association to provide correctional services.
2000, c. 40, s. 2.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 2 - 3/07/2001
2006, c. 19, Sched. D, s. 12 (13) - 22/06/2006
2009, c. 2, s. 18 (1, 2) - 1/04/2009
Volunteers
9 Every person providing volunteer services to the Ministry shall serve under the direction of an employee of the Ministry, a
contractor or an employee of a contractor. R.S.O. 1990, c. M.22, s. 9; 2000, c. 40, s. 3.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 3 - 3/07/2001
Confidentiality
10 (1) Every person employed in the administration of this Act, including any person making an inspection, investigation or
inquiry under this Act, shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of his

346
or her duties, employment, inspection, investigation or inquiry and shall not communicate any such matters to any other
person except,
(a) as may be required in connection with the administration of this Act, the Corrections and Conditional Release Act
(Canada), the Prisons and Reformatories Act (Canada), the Young Offenders Act (Canada), the Youth Criminal Justice
Act (Canada), the Provincial Offences Act or the Criminal Code (Canada) or the regulations thereunder;
(b) to the Ombudsman of Ontario or Correctional Investigator of Canada;
(c) in statistical form if the person’s name or identity is not revealed therein;
(d) with the approval of the Minister. R.S.O. 1990, c. M.22, s. 10; 2006, c. 19, Sched. D, s. 12 (14); 2009, c. 33, Sched. 9,
s. 8 (2).
Exception
(2) Despite subsection (1) and any other Act, a person employed in the Ministry in the administration of this Act who is
designated by the Deputy Minister or by his or her delegate, (who must be at least at the level of assistant deputy minister)
may disclose personal information about an individual in accordance with the regulations. 2009, c. 33, Sched. 9, s. 8 (3).
Purpose of disclosure
(3) Any disclosure made under subsection (2) shall be for one or more of the following purposes:
1. Protection of the public.
2. Protection of victims of crime.
3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that
affected them.
4. Law enforcement.
5. Correctional purposes.
6. Administration of justice.
7. Enforcement of and compliance with any federal or provincial Act, regulation or government program.
8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual.
1997, c. 17, s. 6.
Personal information
(4) Any disclosure made under subsection (2) shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of
Information and Protection of Privacy Act. 1997, c. 17, s. 6; 2006, c. 34, Sched. C, s. 24.
Same
(5) If personal information is disclosed under subsection (2) to a ministry, agency or institution, the ministry, agency or
institution shall collect such information and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act
and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to that collection of personal
information. 1997, c. 17, s. 6.
Section Amendments with date in force (d/m/y)
1997, c. 17, s. 6 - 4/06/1998
2006, c. 19, Sched. D, s. 12 (14) - 22/06/2006; 2006, c. 34, Sched. C, s. 24 - 1/04/2007
2009, c. 33, Sched. 9, s. 8 (2, 3) - 15/12/2009
Designation of peace officers
11 (1) The Minister may designate in writing,
(a) a person who is an employee in the Ministry to be a peace officer while performing the person’s duties and functions;
or
(b) a class or classes of persons from among the persons described in clause (a), to be peace officers while performing
their duties and functions,

347
and may set out in the designation any conditions or limitations to which it is subject. R.S.O. 1990, c. M.22, s. 11 (1); 2009,
c. 33, Sched. 9, s. 8 (4).
Designation not a regulation
(2) A designation under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act,
2006. R.S.O. 1990, c. M.22, s. 11 (2); 2006, c. 21, Sched. F, s. 136 (1).
Section Amendments with date in force (d/m/y)
2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
2009, c. 33, Sched. 9, s. 8 (4) - 15/12/2009
Protection from personal liability
12 (1) No action or other proceeding for damages shall be instituted against the Deputy Minister or any officer or employee
of the Ministry or anyone acting under his or her authority for any act done in good faith in the execution or intended
execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty or for any act
of an inmate, parolee or probationer while under his or her custody and supervision. R.S.O. 1990, c. M.22, s. 12 (1); 2009,
c. 2, s. 19.
Idem
(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the
Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be
subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.
R.S.O. 1990, c. M.22, s. 12 (2).
Section Amendments with date in force (d/m/y)
2009, c. 2, s. 19 - 1/04/2009
Compassionate allowance
13 The Lieutenant Governor in Council may pay a compassionate allowance in the prescribed manner and amounts as
compensation to an inmate for permanent disability arising from an injury suffered while engaged in an authorized activity at
a correctional institution or to any other person for injury or damage inflicted upon that person by an inmate while under the
custody and supervision of the Ministry. 2009, c. 2, s. 20.
Section Amendments with date in force (d/m/y)
2009, c. 2, s. 20 - 1/04/2009
PART II
CORRECTIONAL INSTITUTIONS
Correctional institutions
14 (1) The correctional institutions existing immediately before the coming into force of the Revised Statutes of Ontario,
1990 continue to exist as correctional institutions. R.S.O. 1990, c. M.22, s. 14 (1).
Idem
(2) The Lieutenant Governor in Council may, by order, establish or discontinue a correctional institution. R.S.O. 1990,
c. M.22, s. 14 (2).
Designated correctional institutions
(3) The Lieutenant Governor in Council may, by order, designate any place as a correctional institution for the temporary
custody of inmates for such period as is stated in the order and may, by order, exempt the place so designated from the
application of this Act or any part of it. R.S.O. 1990, c. M.22, s. 14 (3).
Local monitoring boards
14.1 The Minister may establish a local monitoring board for a correctional institution, composed of persons appointed by
the Minister. 2000, c. 40, s. 4.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 4 - 3/07/2001

348
Maximum and medium security custody programs
14.2 The Minister may establish in correctional institutions,
(a) maximum security custody programs, in which restrictions are continuously imposed on the liberty of inmates by
physical barriers, close staff supervision or limited access to the community; and
(b) medium security custody programs, in which restrictions that are less stringent than in a maximum security custody
program are imposed on the liberty of inmates. 2002, c. 18, Sched. N, s. 20.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 20 - 17/12/2012
Community resource centre
15 The Minister may designate any facility as a community resource centre for the rehabilitation and supervision of inmates,
parolees or probationers in a community setting away from a correctional institution and the Minister may withdraw a
designation from such a facility. R.S.O. 1990, c. M.22, s. 15.
Custody before sentencing
15.1 A person who is lawfully detained in a correctional institution but not sentenced to imprisonment may be detained in
any correctional institution, as directed by the Ministry, or in the custody of a provincial bailiff or other person employed in a
correctional institution. 2002, c. 18, Sched. N, s. 21; 2009, c. 2, s. 21.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 21 - 31/01/2004
2009, c. 2, s. 21 - 1/04/2009
Sentence to correctional institution
16 (1) The court before which a person is convicted under an Act of the Legislature of an offence punishable by
imprisonment may sentence the person to imprisonment in a correctional institution. R.S.O. 1990, c. M.22, s. 16 (1).
Same
(2) A person who has been sentenced to imprisonment in a correctional institution may be detained in any correctional
institution, as directed by the Ministry, or in the custody of a provincial bailiff or other person employed in a correctional
institution. 2002, c. 18, Sched. N, s. 22.
(3) REPEALED: 2009, c. 2, s. 22.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 22 - 31/01/2004
2009, c. 2, s. 22 - 1/04/2009
Warrant ineffective to specify correctional institution
17 A person who is sentenced, committed or transferred to a correctional institution may be received into any correctional
institution, as directed by the Ministry, and any designation of a particular correctional institution in a warrant of committal is
of no force or effect. 2002, c. 18, Sched. N, s. 23.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 23 - 31/01/2004
18 REPEALED: 2002, c. 18, Sched. N, s. 24.
Section Amendments with date in force (d/m/y)
1997, c. 39, s. 7 - 30/04/1999
2002, c. 18, Sched. N, s. 24 - 2/05/2005
Provincial bailiffs
19 (1) The Minister may appoint provincial bailiffs who may convey an inmate in custody at a correctional institution to
another correctional institution or penitentiary in which the inmate is lawfully directed to be confined. R.S.O. 1990, c. M.22,
s. 19 (1).

349
(2) REPEALED: 1997, c. 39, s. 8.
Powers
(3) A provincial bailiff has the powers of a constable when conveying an inmate under this section. R.S.O. 1990, c. M.22,
s. 19 (3).
Section Amendments with date in force (d/m/y)
1997, c. 39, s. 8 - 30/04/1999
Superintendent of correctional institution
20 (1) The Minister shall, for each correctional institution, designate one or more superintendents of the institution. 2000,
c. 40, s. 5 (1); 2002, c. 18, Sched. N, s. 25 (1).
Responsibility for administration
(1.1) The superintendent shall be responsible for the administration of the correctional institution. 2000, c. 40, s. 5 (1); 2002,
c. 18, Sched. N, s. 25 (2).
Duties
(2) The superintendent shall receive into the institution every person delivered under lawful authority for detention in the
institution and is responsible for the custody and supervision of such person until his or her term of imprisonment is
completed or until the person is transferred or otherwise discharged in due course of law. 2002, c. 18, Sched. N, s. 25 (3).
Deputy superintendent
(3) The Minister may designate one or more deputy superintendents of a correctional institution to be responsible for the
administration of the institution when the superintendent, by reason of absence, illness or other cause, is unable to carry out
his or her duties. 2002, c. 18, Sched. N, s. 25 (4).
Limitations
(4) A designation under subsection (1) or (3) may be subject to such limitations, restrictions, conditions and requirements as
the Minister may set out in the designation. 2000, c. 40, s. 5 (2).
Persons designated
(5) A person designated under subsection (1) or (3) may be an employee of the Ministry or any other person. 2000, c. 40,
s. 5 (2).
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 5 (1, 2) - 3/07/2001
2002, c. 18, Sched. N, s. 25 (1-4) - 2/05/2005
Use of correctional institution lock-up
21 (1) The Minister may designate a correctional institution for use by a municipality as a lock-up and, where the Minister
makes such a designation, the Minister shall fix a rate per day for persons in custody in the lock-up. 2002, c. 18, Sched. N,
s. 26.
Payment by municipality
(2) The municipality shall pay to the Minister of Finance annually the rate per day that is fixed under subsection (1) for
persons in custody in the lock-up during the year. 2002, c. 18, Sched. N, s. 26.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 26 - 2/05/2005
Inspection, investigation
22 (1) The Minister may designate any person as an inspector to make such inspection or investigation as the Minister may
require in connection with the administration of this Act, and any person employed in the Ministry who obstructs an
inspection or investigation or withholds, destroys, conceals or refuses to furnish any information or thing required by an
inspector for the purposes of the inspection or investigation may be dismissed for cause from employment. 2006, c. 35,
Sched. C, s. 71 (2).

350
Offence for obstructing inspection
(2) A contractor or employee of a contractor who obstructs an inspection or investigation or withholds, destroys, conceals or
refuses to furnish any information or thing required by an inspector for the purposes of the inspection or investigation is
guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2000, c. 40, s. 6.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 6 - 3/07/2001
2006, c. 35, Sched. C, s. 70 (2) - 20/08/2007
Ministerial inquiry
23 (1) The Minister may, by order, appoint a person to make an inquiry into any matter to which this Act applies as may be
specified in the Minister’s order and the person so appointed shall report the result of the inquiry to the Minister. 2009, c. 33,
Sched. 6, s. 69.
Application of Public Inquiries Act, 2009
(2) Section 33 of the Public Inquiries Act, 2009 applies to the inquiry. 2009, c. 33, Sched. 6, s. 69.
Section Amendments with date in force (d/m/y)
2009, c. 33, Sched. 6, s. 69 - 1/06/2011
Searches
23.1 (1) The superintendent of a correctional institution may authorize a search, to be carried out in the prescribed manner,
of,
(a) the correctional institution or any part of the correctional institution;
(b) the person of any inmate or other person on the premises of the correctional institution;
(c) the property of any inmate or other person on the premises of the correctional institution;
(d) any vehicle entering or on the premises of the correctional institution. 2002, c. 18, Sched. N, s. 27.
Contraband
(2) Any contraband found during a search may be seized and disposed of in the prescribed manner. 2002, c. 18, Sched. N,
s. 27.
Same
(3) For the purpose of subsection (2),
“contraband” means,
(a) anything that an inmate is not authorized to have,
(b) anything that an inmate is authorized to have but in a place where he or she is not authorized to have it,
(c) anything that an inmate is authorized to have but in a quantity that he or she is not authorized to have it, and
(d) anything that an inmate is authorized to have but which is being used for a purpose for which he or she is not
authorized to use it. 2002, c. 18, Sched. N, s. 27.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 27 - 2/05/2005
Hospitalization and mental examinations
Medical treatment
24 (1) Where an inmate requires medical treatment that cannot be supplied at the correctional institution, the superintendent
shall arrange for the inmate to be conveyed to a hospital or other health facility. 2002, c. 18, Sched. N, s. 28.
Psychiatric treatment
(2) Where an inmate requires hospitalization in a psychiatric facility under the Mental Health Act, the superintendent shall
arrange for the inmate to be conveyed to a psychiatric facility. 2002, c. 18, Sched. N, s. 28.

351
Mental examination
(3) The superintendent may direct that an examination be made of an inmate by a psychiatrist or psychologist for the purpose
of assessing the emotional and mental condition of the inmate. 2002, c. 18, Sched. N, s. 28.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 28 - 2/05/2005
Rehabilitation programs
25 The Minister may establish rehabilitation programs under which inmates may be granted the privilege of continuing to
work at their regular employment, obtaining new employment, attending academic institutions, or participating in any other
program that the Minister may consider advisable in order that such persons may have a better opportunity for rehabilitation.
R.S.O. 1990, c. M.22, s. 25.
Work outside institution
26 (1) The Minister may authorize an inmate or group of inmates to participate in a work project or rehabilitation program
outside the correctional institution in which the inmate or inmates are confined and the Minister may authorize the absence of
the inmate or group of inmates from the correctional institution for that purpose on such terms and conditions as the Minister
may specify. R.S.O. 1990, c. M.22, s. 26 (1).
Idem
(2) Every inmate who is absent from a correctional institution under subsection (1) shall comply with such terms and
conditions as are specified by the Minister. R.S.O. 1990, c. M.22, s. 26 (2).
Offence
(3) Every inmate who contravenes subsection (2) without lawful excuse, the proof of which lies upon the inmate, is guilty of
an offence and on conviction is liable to imprisonment for a term of not more than one year. R.S.O. 1990, c. M.22, s. 26 (3).
Temporary absence
27 (1) Where, in the opinion of a person, designated by the Lieutenant Governor in Council for the purpose, it is necessary or
desirable that an inmate be temporarily absent from a correctional institution for medical or humanitarian reasons or to assist
the inmate in his or her rehabilitation, the person may authorize the temporary absence of the inmate on such terms and
conditions as the person may specify. R.S.O. 1990, c. M.22, s. 27 (1); 2000, c. 40, s. 7; 2002, c. 18, Sched. N, s. 29.
Idem
(2) Every inmate temporarily absent under subsection (1) shall comply with such terms and conditions as are specified and
shall return to the correctional institution at the expiration of the period for which the inmate is authorized to be at large.
R.S.O. 1990, c. M.22, s. 27 (2).
Offence
(3) Every inmate who contravenes subsection (2) without lawful excuse, the proof of which lies upon the inmate, is guilty of
an offence and on conviction is liable to imprisonment for a term of not more than one year. R.S.O. 1990, c. M.22, s. 27 (3).
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 7 - 3/07/2001
2002, c. 18, Sched. N, s. 29 - 2/05/2005
Custody
27.1 An inmate shall be deemed to be in the custody of a correctional institution for the purposes of this Act even if he or she
is not on the premises of the correctional institution, so long as he or she is in the custody of a correctional officer. 2002,
c. 18, Sched. N, s. 30.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 30 - 2/05/2005
Remission
28 (1) Every inmate may be credited with remission of his or her sentence and is subject to the forfeitures of such remission
equivalent to that provided for in the Prisons and Reformatories Act (Canada). R.S.O. 1990, c. M.22, s. 28 (1); 2002, c. 18,
Sched. N, s. 31 (1).

352
Restoration of forfeiture remission
(2) Where an inmate has forfeited the whole or any part of his or her remission, a person designated by the Minister for the
purpose may, where the person is satisfied that it is in the interest of the inmate’s rehabilitation, remit the whole or any part
of such forfeiture. R.S.O. 1990, c. M.22, s. 28 (2); 2002, c. 18, Sched. N, s. 31 (2).
Surrender of remission
(3) Where an inmate offers to surrender the whole or any part of his or her remission and where, in the opinion of the
superintendent, it is necessary or desirable that the inmate remain confined in the correctional institution for medical or
humanitarian reasons or to assist the inmate in his or her rehabilitation for a period of time after the day on which the inmate
is eligible to be released by reason of remission, the superintendent may authorize the surrender of remission by the inmate.
2002, c. 18, Sched. N, s. 31 (3).
Supervision, privileges continued
(4) Where an inmate surrenders remission under subsection (3), the inmate shall remain confined in the correctional
institution for such further period that corresponds to the amount of remission surrendered, under the same control and
supervision and with the same privileges as if the inmate were not eligible to be released at that time. R.S.O. 1990, c. M.22,
s. 28 (4).
Withdrawal
(5) Despite subsection (3), a superintendent may withdraw an authorization and an inmate may withdraw a surrender of
remission at any time after the day on which the inmate was eligible for release from the correctional institution, and where
such withdrawal is made in writing, the inmate shall be released from the institution forthwith. R.S.O. 1990, c. M.22,
s. 28 (5); 2002, c. 18, Sched. N, s. 31 (4).
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 31 (1-4) - 2/05/2005
Determinations of remission
28.1 A determination of whether an inmate has earned remission under the Prisons and Reformatories Act (Canada) or
section 28 of this Act shall comply with the requirement under subsection 6 (1) of the Prisons and Reformatories Act that
inmates earn remission by obeying prison rules and conditions governing temporary absence and by actively participating in
programs, other than full parole, designed to promote inmates’ rehabilitation and reintegration as determined in accordance
with the regulations made under clause 60 (1) (d.1). 2000, c. 40, s. 8.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 8 - 3/07/2001
29 REPEALED: 2002, c. 18, Sched. N, s. 32.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 32 - 2/05/2005
Ministry employees, conflicts of interest, etc.
Employees not to be interested in contracts
30 (1) No person employed in the Ministry or by a contractor shall, without the approval of the Minister, either in the
person’s own name or in the name of or in connection with or as the agent of any other person, provide, furnish or supply any
materials, goods or provisions for the use of a correctional institution or community resource centre, or have an interest,
directly or indirectly, in furnishing, supplying or transporting the same or in any contract relating thereto. R.S.O. 1990,
c. M.22, s. 30 (1); 2002, c. 18, Sched. N, s. 33 (1).
Employees not to trade, etc., with persons in custody
(2) No person employed in the Ministry or by a contractor shall, without the approval of the Minister, buy from or sell to any
inmate, parolee or probationer anything whatsoever or take or receive to the person’s own use or for the use of any other
person, any fee or gratuity from any inmate in a correctional institution or from any visitor thereto or any parolee or
probationer or from any other person in respect of an inmate, parolee or probationer. R.S.O. 1990, c. M.22, s. 30 (2); 2002,
c. 18, Sched. N, s. 33 (2).

353
Offence
(3) Every person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not
more than $5,000. R.S.O. 1990, c. M.22, s. 30 (3).
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 33 (1) - 2/05/2005; 2002, c. 18, Sched. N, s. 33 (2) - 17/12/2012
PART III
ONTARIO PAROLE BOARD
Meaning of “Board”, Part III
31 In this Part,
“Board” means the Ontario Parole Board continued by section 32. 2009, c. 33, Sched. 9, s. 8 (6).
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 10 - 3/07/2001
2009, c. 33, Sched. 9, s. 8 (6) - 15/12/2009
Ontario Parole Board
32 (1) The Ontario Parole and Earned Release Board is continued as a board known in English as the Ontario Parole Board
and in French as Commission ontarienne des libérations conditionnelles. 2009, c. 33, Sched. 9, s. 8 (7).
Composition
(2) The Board shall be composed of such full-time and part-time members appointed by the Lieutenant Governor in Council
as the Lieutenant Governor in Council may consider necessary. 2000, c. 40, s. 10.
Provincial parole board
(3) For the purposes of any Act of the Parliament of Canada, the Board is the provincial parole board for Ontario. 2000,
c. 40, s. 10.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 10 - 3/07/2001
2009, c. 33, Sched. 9, s. 8 (7) - 15/12/2009
Board chair and quorum
33 (1) The Lieutenant Governor in Council may designate one of the members of the Board to be the chair thereof. R.S.O.
1990, c. M.22, s. 33 (1).
Same
(2) Two members of the Board constitute a quorum, but if the Board fails to reach a decision on any matter, question or thing
that was examined or heard by only two members, the Board shall re-examine or rehear the matter, question or thing. 1996,
c. 1, Sched. P, s. 1.
Section Amendments with date in force (d/m/y)
1996, c. 1, Sched. P, s. 1 - 30/01/1996
Remuneration of part-time members
34 The members of the Board who are part-time members shall serve without salary but may be paid such expenses and
allowances for attendance at Board meetings and for other attendances in connection with the business of the Board as may
be determined by the Lieutenant Governor in Council. R.S.O. 1990, c. M.22, s. 34.
Exclusive jurisdiction of Board
34.1 (1) The Board has exclusive jurisdiction to examine, hear and determine all matters and questions relating to the
release of inmates on parole and any matter or thing in respect of which any power, authority or discretion is conferred upon
the Board by or under this Act or which is conferred upon a provincial parole board by the Corrections and Conditional
Release Act (Canada). 2002, c. 18, Sched. N, s. 34.
(2) REPEALED: 2009, c. 33, Sched. 9, s. 8 (8).

354
Decisions final
(3) Any action or decision of the Board on a matter, question or thing for which it has exclusive jurisdiction is final and
conclusive and is not open to question or review in any court and no proceedings by or before the Board shall be restrained
by injunction, prohibition or other process or proceeding in any court or be removable by application for judicial review or
otherwise into any court. 2002, c. 18, Sched. N, s. 34.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 34 - 17/12/2012
2009, c. 33, Sched. 9, s. 8 (8) - 15/12/2009
Granting of parole
35 (1) Subject to the regulations, the Board may order the release from custody on parole of any inmate convicted of an
offence under any Act of the Legislature, any Act of the Parliament of Canada or against a municipal by-law upon such
conditions as the Board may determine. R.S.O. 1990, c. M.22, s. 35.
Application for parole
(2) Upon an application by an inmate for parole, the Board shall,
(a) grant parole upon the conditions that it considers appropriate; or
(b) deny parole. 2002, c. 18, Sched. N, s. 35.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 35 - 17/12/2012
35.1 REPEALED: 2002, c. 18, Sched. N, s. 36.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 11 - 3/07/2001
2002, c. 18, Sched. N, s. 36 - 17/12/2012
Revocation of parole before release
36 (1) Where parole has been granted but the inmate has not yet been released from custody on parole, the Board may
revoke its grant of parole if,
(a) it obtains new information that is relevant to its decision to grant parole; or
(b) the inmate requests that the grant be revoked. 2002, c. 18, Sched. N, s. 37.
New hearing
(2) Where the Board has revoked a grant of parole under clause (1) (a), the Board shall hold a new hearing to determine
whether to grant parole or not, unless the inmate waives his or her right to the hearing. 2002, c. 18, Sched. N, s. 37.
Powers
(3) After the hearing under subsection (2), the Board may,
(a) grant parole upon the conditions that it considers appropriate; or
(b) deny parole. 2002, c. 18, Sched. N, s. 37.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 37 - 17/12/2012
Victims
36.1 Victims within the meaning of the Victims’ Bill of Rights, 1995 and other victims of offences may participate in
proceedings of the Board in accordance with the regulations. 2002, c. 12, s. 1.
Section Amendments with date in force (d/m/y)
2002, c. 12, s. 1 - 22/04/2003

355
Remission
37 Where parole is granted under section 35 or 36, the term of parole shall include any portion of remission standing to the
credit of the parolee when he or she is released and shall end upon the expiration of his or her sentence as set out in his or her
warrant of committal. 2002, c. 18, Sched. N, s. 38.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 38 - 17/12/2012
Duty to submit information to Board
38 When required by the Board, it is the duty of every person having information relevant to the suitability of an inmate to be
paroled or released on a temporary absence to submit such information to the Board or to a person employed in the
administration of this Act and authorized by the Ministry for the purpose. 2002, c. 18, Sched. N, s. 39.
Section Amendments with date in force (d/m/y)
1997, c. 39, s. 9 - 30/04/1999
2002, c. 18, Sched. N, s. 39 - 17/12/2012
Suspension of parole after release
39 (1) A member of the Board or a person designated for the purpose by the chair of the Board may, by warrant, in
circumstances described in subsection (2),
(a) suspend a parolee’s parole;
(b) authorize the apprehension of the parolee; and
(c) authorize the recommittal of the parolee to custody until the suspension is cancelled, the parole is revoked or the
sentence expires according to law. 2002, c. 18, Sched. N, s. 40.
Circumstances
(2) Subsection (1) applies if,
(a) the parolee breaches a condition of his or her parole; or
(b) the member of the Board or designated person referred to in subsection (1) is satisfied that it is necessary and
reasonable to suspend the parole in order to,
(i) prevent a breach of a condition of parole, or
(ii) protect any person from danger or any property from damage. 2002, c. 18, Sched. N, s. 40.
Review hearing
(3) The Board shall hold a hearing to review the granting and suspension of the inmate’s parole as soon as possible after a
parolee has been recommitted to custody under subsection (1). 2002, c. 18, Sched. N, s. 40.
Revocation or reinstatement of parole
(4) The Board shall consider the reasons for suspending the parole and the submissions, if any, of the inmate and shall, after
a hearing under subsection (3),
(a) lift the suspension of the parole and allow the inmate to be released and continue his or her parole upon the conditions
that it considers appropriate; or
(b) revoke the parole. 2002, c. 18, Sched. N, s. 40.
Calculation of term if parole revoked
(5) Where parole is revoked by the Board after a hearing under subsection (3), the parolee shall, even if his or her parole had
been granted before the coming into force of section 40 of Schedule N to the Government Efficiency Act, 2002, serve the
remaining portion of his or her term of imprisonment, including any remission that was to his or her credit at the time parole
was granted, less,
(a) the period of time spent on parole;
(b) the period of time during which parole was suspended and the parolee was in custody; and

356
 (c) any remission credited to the parolee applicable to the period during which the parolee is in custody after his or her
parole was suspended. 2002, c. 18, Sched. N, s. 40.
Same
(6) Despite subsection (5), the Board may recredit an inmate whose parole is revoked through no fault of the inmate with all
or part of the remission which the inmate would have been eligible to earn, if parole had not been granted, up to the time the
parole was suspended and the parolee was in custody. 2002, c. 18, Sched. N, s. 40.
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 40 - 17/12/2012
40 REPEALED: 2017, c. 34, Sched. 46, s. 26.
Section Amendments with date in force (d/m/y)
2017, c. 34, Sched. 46, s. 26 - 01/01/2018
Act not to affect executive power to reprieve, pardon, etc.
41 Nothing in this Act shall be construed as affecting or impairing or as intending or purporting to affect or impair the powers
of the Governor General of Canada or the Lieutenant Governor of Ontario to grant a reprieve, pardon or commutation of
sentence in any case. R.S.O. 1990, c. M.22, s. 41.
PART IV
ADULT PROBATION
Meaning of “court”, Part IV
42 In this Part,
“court” means a court of criminal jurisdiction. R.S.O. 1990, c. M.22, s. 42.
Appointment of probation officers
43 (1) Such probation officers as are considered necessary for the purposes of this Act shall be appointed under Part III of
the Public Service of Ontario Act, 2006. R.S.O. 1990, c. M.22, s. 43 (1); 2006, c. 35, Sched. C, s. 71 (3).
Jurisdiction
(2) Every probation officer appointed in accordance with subsection (1) is a probation officer in and for the Province of
Ontario and shall perform his or her duties in such part of Ontario as is assigned from time to time by the Minister. R.S.O.
1990, c. M.22, s. 43 (2).
Same
(3) Every probation officer appointed in accordance with subsection (1) is a probation officer for the purposes of,
(a) this Act, the Provincial Offences Act, the Child and Family Services Act and any other Act of the Legislature; and
Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (3) (a) of the Act is amended by striking out “Child and Family
Services Act” and substituting “Child, Youth and Family Services Act, 2017”. (See: 2017, c. 14, Sched. 4, s. 22)
(b) the Criminal Code (Canada), the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada). 2002,
c. 18, Sched. N, s. 41; 2006, c. 19, Sched. D, s. 12 (15).
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 41 - 2/05/2005
2006, c. 19, Sched. D, s. 12 (15) - 22/06/2006; 2006, c. 35, Sched. C, s. 70 (3) - 20/08/2007
2017, c. 14, Sched. 4, s. 22 - not in force
Duties of probation officer
44 (1) It is the duty of a probation officer,
(a) to procure and report to a court such information pertaining to a person found to have committed an offence as the
court may require for the purpose of making a disposition of the case;
(b) to make recommendations in the report referred to in clause (a) as to the disposition of the case upon being requested
by the court;

357
 (c) to comply with any direction made to the probation officer by a court in a probation order. R.S.O. 1990, c. M.22,
s. 44 (1).
Variation of direction
(2) Where a probation officer is of the opinion that compliance with a direction issued by a court is inconvenient or
impossible, the probation officer may apply to the court for a variation of its direction, and the court, upon consideration of
the reasons for the application, may vary its direction to the probation officer as it considers appropriate in the circumstances.
R.S.O. 1990, c. M.22, s. 44 (2).
Duties assigned by Minister
(3) In addition to the duties of a probation officer referred to in subsection (1), a probation officer shall perform such other
duties as are assigned by the Minister. R.S.O. 1990, c. M.22, s. 44 (3).
Part V (SS. 45-57.0.1) REPEALED: 2009, C. 2, S. 23.
45 - 57.0.1
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 12, 13 - 3/07/2001
2002, c. 18, Sched. N, s. 42-50 - 1/04/2009
2006, c. 19, Sched. D, s. 12 (16-18, 20, 22-26) - 22/06/2006
2009, c. 2, s. 23 - 1/04/2009
PART V.1
CONTRACTORS
Contractor employed in administration of Act
57.1 A contractor and a contractor’s employees shall, for the purposes of this Act, be deemed to be employed in the
administration of this Act. 2000, c. 40, s. 14.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 14 - 3/07/2001
Relationship to Crown
Contractor not Crown agent
57.2 (1) A contractor and the persons employed by a contractor are not agents of Her Majesty for any purpose, despite the
Crown Agency Act, and shall not hold themselves out as agents of Her Majesty for any purpose. 2000, c. 40, s. 14.
Not employees of the Crown
(2) A contractor and the persons employed by a contractor are not and shall not be deemed to be employees of the Crown.
2006, c. 35, Sched. C, s. 71 (4).
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 14 - 3/07/2001
2006, c. 35, Sched. C, s. 70 (4) - 20/08/2007
Contract compliance monitoring
57.3 (1) The Minister may designate one or more employees of the Ministry as contract compliance managers to monitor the
provision of correctional services by contractors pursuant to contracts or agreements entered into under subsection 8 (4) or
(5). 2000, c. 40, s. 14.
Inspection
(2) For the purpose of determining whether a contract or agreement is being complied with or whether this Act or an Act of
the Parliament of Canada that relates to correctional services is being complied with, the Minister, a contract compliance
manager or any other person authorized for the purpose by the Minister may without a warrant enter and inspect,
(a) a correctional institution operated and maintained by a contractor, at any time; and

358
 (b) any place, other than a correctional institution, where the contractor keeps documents or things relevant to the
inspection, during normal business hours. 2000, c. 40, s. 14.
Identification
(3) A person conducting an inspection, other than the Minister, shall produce, on request, evidence of his or her designation
as a contract compliance manager or of his or her authorization under subsection (2). 2000, c. 40, s. 14.
Dwellings
(4) No person conducting an inspection under this section may enter a place described in clause (2) (b) that is also a dwelling
without the consent of the occupier or without first obtaining and producing a warrant. 2000, c. 40, s. 14.
Powers on inspection
(5) A person conducting an inspection may,
(a) examine any document or thing that is relevant to the inspection;
(b) demand the production for inspection of any document or thing that is relevant to the inspection;
(c) remove for review and copying any document or thing that is relevant to the inspection;
(d) in order to produce a document in readable form, use data storage, information processing or retrieval devices or
systems that are normally used in carrying on business in the correctional institution;
(e) conduct tests or take samples of any thing that is relevant to the inspection; and
(f) question an employee of the contractor or an inmate of the correctional institution on matters relevant to the
inspection, subject to the person’s right to have counsel or another representative present during the questioning.
2000, c. 40, s. 14.
Written demand
(6) A demand that a document or other thing be produced for inspection must be in writing and must include a statement of
the nature of the document or thing required. 2000, c. 40, s. 14.
Obligation to produce and assist
(7) If a person conducting an inspection demands that a document or thing be produced for inspection, the person who has
custody of the document or thing shall produce it and, in the case of a document, shall on request provide any assistance that
is reasonably necessary to interpret the document or to produce it in a readable form. 2000, c. 40, s. 14.
Documents and things removed from place
(8) A document or thing that has been removed for review and copying,
(a) shall be made available to the person from whom it was removed, for review and copying, on request and at a time and
place that are convenient for the person and for the person conducting the inspection; and
(b) shall be returned to the person within a reasonable time. 2000, c. 40, s. 14.
Copy admissible in evidence
(9) A copy of a document that purports to be certified by a person conducting an inspection as being a true copy of the
original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 2000, c. 40, s. 14.
Contractor to provide unrestricted access
(10) A contractor shall provide unrestricted access to the Minister, a contract compliance manager and any other person
authorized for the purpose of conducting inspections by the Minister to,
(a) a correctional institution that is operated and maintained by the contractor;
(b) persons employed by the contractor in connection with the provision of correctional services by the contractor;
(c) inmates of the correctional institution; and
(d) documents or things in the possession or control of the contractor and relating to the provision of correctional services
by the contractor. 2000, c. 40, s. 14.
Warrant
(11) If a justice of the peace is satisfied on information on oath that entry to a place described in clause (2) (a) or (b) has been
denied or will be denied, the justice of the peace may issue a warrant authorizing the Minister, a contract compliance

359
manager or any other person designated by the Minister and named in the warrant to enter premises specified in clause (2) (a)
or (b) and to do anything described in subsection (5). 2000, c. 40, s. 14.
Same
(12) A warrant issued under subsection (11) shall name the date on which it expires, which shall not be later than 15 days
after its issue and may be executed only between 6 a.m. and 9 p.m. unless the warrant specifies otherwise. 2000, c. 40, s. 14.
Obstruction
(13) No person shall hinder, obstruct or interfere with a person conducting an inspection under this section, refuse to answer
questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the
inspection, that the person knows to be false or misleading. 2000, c. 40, s. 14.
Offence
(14) Every person who contravenes subsection (13) is guilty of an offence and on conviction is liable to a fine of not more
than $5,000. 2000, c. 40, s. 14.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 14 - 3/07/2001
2002, c. 18, Sched. N, s. 51 (1-4) - no effect - see 2009, c. 2, s. 32 - 9/03/2009
Minister’s directions to contractor, failure to provide competent services
57.4 (1) If the Minister is of the opinion that a contractor has failed to provide correctional services in a competent manner,
the Minister may issue a direction to the contractor with respect to those services and require the contractor to report back on
the implementation of the direction within the time and in the manner specified by the Minister. 2000, c. 40, s. 14.
Same
(2) The contractor shall comply with the direction and provide the report as required. 2000, c. 40, s. 14.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 14 - 3/07/2001
Emergencies, safety risks
Minister’s directions to contractor
57.5 (1) The Minister may issue a direction to the contractor or to any employees of the contractor with respect to any
correctional services and require the contractor to report back on the implementation of the direction within the time and in
the manner specified by the Minister if the Minister is of the opinion that,
(a) there is a risk to the safety of any person or the security of any property; or
(b) there is an emergency situation related to the provision of the correctional services by the contractor. 2000, c. 40,
s. 14.
Same
(2) The contractor and the contractor’s employees shall comply with the direction and the contractor shall provide the report
as required. 2000, c. 40, s. 14.
Other actions by Minister
(3) Whether or not a direction is issued under subsection (1), the Minister may take any action he or she considers necessary
for the safe and proper provision of correctional services, without obtaining a court order, if the Minister is of the opinion
that,
(a) there is a risk to the safety of any person or the security of any property; or
(b) there is an emergency situation related to the provision of the correctional services by the contractor. 2000, c. 40,
s. 14.
Force
(4) The Minister may use such force as is necessary in taking any action authorized by subsection (3). 2000, c. 40, s. 14.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 14 - 3/07/2001

360
Replacement of superintendent
57.6 (1) The Minister may appoint a person to act in the place of the superintendent of a correctional institution for the
period of time specified in the appointment if,
(a) the Minister is not satisfied that the contractor is complying with a direction issued under section 57.4 or is of the
opinion that the contractor is continuing to fail to provide correctional services in a competent manner despite
complying with the direction; or
(b) the Minister is not satisfied that the contractor is complying with a direction issued under subsection 57.5 (1) or is of
the opinion that a circumstance described in subsection 57.5 (1) continues to exist despite the efforts of the contractor.
2009, c. 2, s. 24 (1).
Powers of replacement
(2) A person appointed under subsection (1) shall have all the powers, duties and functions of the director or superintendent,
subject to any limitations, restrictions, conditions and requirements set out in the appointment. 2000, c. 40, s. 14.
Duty to co-operate
(3) The contractor that operates or maintains the correctional institution, the contractor’s employees and the replaced
superintendent shall co-operate with the person appointed under this section by providing any assistance that the person may
request and the contractor’s employees shall comply with any directions given by the person appointed under this section.
2009, c. 2, s. 24 (2).
Same
(4) The contractor that operates or maintains the correctional institution, the contractor’s employees and the replaced
superintendent shall provide immediate and unrestricted access to the person appointed under this section to the correctional
institution and to all documents and things relevant to the operation and maintenance of the institution. 2009, c. 2, s. 24 (2).
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 14 - 3/07/2001
2002, c. 18, Sched. N, s. 52 (1-3) - no effect - see 2009, c. 2, s. 32 - 9/03/2009
2009, c. 2, s. 24 (1, 2) - 9/03/2009
Powers of Ombudsman
57.7 A contractor shall be deemed to be a public sector body for the purpose of sections 19 and 25 of the Ombudsman Act.
2000, c. 40, s. 14; 2014, c. 13, Sched. 9, s. 20.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 14 - 3/07/2001
2014, c. 13, Sched. 9, s. 20 - 1/09/2015
Relationship of Part to contract
57.8 (1) Subject to subsection (2), this Part prevails over a contract or agreement. 2000, c. 40, s. 14.
Authority in contract
(2) This Part does not limit any authority that the Minister has under a contract or agreement. 2000, c. 40, s. 14.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 14 - 3/07/2001
PART VI
GENERAL PROVISIONS
Substance testing
57.9 (1) A person authorized by the Minister for the purpose may demand that an inmate in a correctional institution
produce evidence of the absence of alcohol or other prescribed substances from his or her body by submitting to a prescribed
test to determine the presence of alcohol or other prescribed substances in his or her body, if,
(a) the demand is authorized by the director or superintendent of the correctional institution and the person authorized by
the Minister has reasonable grounds to suspect that,

361
 (i) the inmate has consumed or used alcohol or another prescribed substance, and
(ii) a test is necessary to confirm the consumption or use;
(b) the demand is part of a prescribed random selection substance testing program, conducted without individualized
grounds on a periodic basis and in accordance with the regulations; or
(c) a substance test is prescribed as a requirement for participation in,
(i) a prescribed program or activity involving contact with the community, or
(ii) a prescribed substance abuse program. 2000, c. 40, s. 15.
Same
(2) A person authorized by the Minister for the purpose may demand that a parolee, inmate who is released from custody on
a temporary absence, probationer or conditional sentence offender produce evidence of the absence of alcohol or other
prescribed substances from his or her body by submitting to a prescribed test to determine the presence of alcohol or other
prescribed substances in his or her body,
(a) at once, if the person authorized by the Minister has reasonable grounds to suspect that the person has breached any
condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed
substances, in order to monitor the person’s compliance with that condition;
(b) at once, if the person authorized by the Minister has reasonable grounds to suspect that the person has breached any
condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed
substances, in order to monitor the person’s compliance with that condition;
(c) at regular intervals, in order to monitor the person’s compliance with any condition of his or her parole or temporary
absence that requires abstention from alcohol or other prescribed substances; or
(d) at regular intervals, in order to monitor the person’s compliance with any condition of his or her probation or
conditional sentence that requires abstention from alcohol or other prescribed substances. 2000, c. 40, s. 15.
Application of subs. (2)
(3) Subsection (2) only applies if it is a condition of the person’s parole, temporary absence, probation or conditional
sentence that the person,
(a) abstain from the consumption or use of alcohol or other prescribed substances; and
(b) submit to testing to determine the presence of alcohol or other prescribed substances. 2000, c. 40, s. 15.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 15 - 3/07/2001
2002, c. 18, Sched. N, s. 53 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012
Application of Statutory Powers Procedure Act
58 Despite anything in the Statutory Powers Procedure Act, that Act does not apply to proceedings,
(a) for the discipline or transfer of inmates;
(a.1) for the determination of earned remission of inmates;
(b) for the grievances of inmates;
(c) REPEALED: 2009, c. 33, Sched. 9, s. 8 (9).
(d) for the authorization of temporary absences for inmates; or
(e) of the Ontario Parole Board. R.S.O. 1990, c. M.22, s. 58; 2000, c. 40, s. 16; 2002, c. 18, Sched. N, s. 54; 2009, c. 2,
s. 25; 2009, c. 33, Sched. 9, s. 8 (9, 10).
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 16 - 3/07/2001
2002, c. 18, Sched. N, s. 54 - 2/05/2005
2009, c. 2, s. 25 (1-3) - 1/04/2009; 2009, c. 33, Sched. 9, s. 8 (9, 10) - 15/12/2009

362
Member of Legislative Assembly
59 Every member of the Legislative Assembly of Ontario is entitled to enter and inspect any correctional institution or
community resource centre established or designated under this Act, whether it is operated or maintained by the Ministry or
by a contractor, for any purpose related to the member’s duties and responsibilities as a member of the Legislative Assembly,
unless the Minister determines that the correctional institution or community resource centre is insecure or an emergency
condition exists in it. 2009, c. 2, s. 26.
Section Amendments with date in force (d/m/y)
2000, c. 40, s. 17 - 3/07/2001
2002, c. 18, Sched. N, s. 55 - no effect - see 2009, c. 2, s. 32 - 9/03/2009
2009, c. 2, s. 26 - 9/03/2009
Regulations
60 (1) The Lieutenant Governor in Council may make regulations,
(a) respecting the operation, management and inspection of correctional institutions;
(b) respecting the operation, management and inspection of community resource centres;
(c) REPEALED: 2009, c. 2, s. 27 (1).
(c.1) with respect to contracts and agreements entered into under subsection 8 (4) or (5), prescribing and governing the
powers and duties of the Minister, employees of the Ministry, contractors, employees of contractors, and other persons
employed in the administration of this Act, and providing that regulations made under this clause apply despite a
contract or agreement entered into under subsection 8 (4) or (5);
(c.2) prescribing provisions of the Freedom of Information and Protection of Privacy Act that apply, with necessary
modifications, to contractors and employees of contractors;
(c.3) prescribing and governing powers and duties of local monitoring boards established under section 14.1, and requiring
superintendents of correctional institutions to give the members of the local monitoring board access in accordance
with the regulations to the premises of the correctional institution, its records, its employees and its inmates;
(c.4) REPEALED: 2009, c. 33, Sched. 9, s. 8 (11).
(c.5) prescribing substances and tests for the purpose of section 57.9;
(c.6) establishing and governing random selection substance testing programs;
(c.7) prescribing programs or activities involving contact with the community for which a substance test is a requirement for
participation;
(c.8) prescribing substance abuse programs for which a substance test is a requirement for participation;
(d) REPEALED: 2002, c. 18, Sched. N, s. 56 (4).
(d.1) governing, for the purpose of earning remission under subsection 6 (1) of the Prisons and Reformatories Act (Canada)
and section 28 of this Act, active participation in programs designed to promote rehabilitation and reintegration;
(e) respecting the treatment, training, employment, discipline, control, grievances and privileges of inmates;
(f) requiring the maintenance of records and providing for their destruction;
(g) respecting the retention and disposal of the property of inmates;
(h) providing for the granting of compassionate allowances;
(i) providing for and establishing criteria for the granting of temporary absences or parole in respect of inmates;
(j) establishing rules of procedure for the Ontario Parole Board;
(j.1) for the purpose of section 36.1, authorizing and governing the participation of victims within the meaning of the
Victims’ Bill of Rights, 1995 and other victims of offences in proceedings of the Board;
(j.2) authorizing persons, other than victims within the meaning of the Victims’ Bill of Rights, 1995 and other victims of
offences, to attend proceedings of the Ontario Parole Board as observers, and governing their attendance;
(k) providing for the appointment and remuneration of members of the Ontario Parole Board;

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 (l) respecting the duties and powers of directors, superintendents, probation officers, parole officers, correctional officers,
other persons employed in the administration of this Act and volunteers;
(l.1) prescribing standards of professional ethics for persons employed in the administration of this Act and requiring
compliance with those standards;
(m)-(q) REPEALED: 2009, c. 2, s. 27 (5).
(r) providing for the assessment of inmates;
(s) prescribing grooming and appearance standards for inmates serving sentences in correctional institutions that are
relevant to the security of those institutions or to the health or safety of persons, and requiring compliance with those
standards;
(t) providing for the monitoring, intercepting or blocking of communications of any kind between an inmate of a
correctional institution and another inmate or other person, where reasonable for protecting the security of the
institution or the safety of persons;
(t.1) prescribing procedures for carrying out searches in correctional institutions;
(t.2) prescribing procedures for the disposition of contraband found during a search;
(u) prescribing the nature of personal information about individuals that may be disclosed, to whom it may be disclosed
and the circumstances in which it may be disclosed;
(v) defining any word or expression used in this Act that is not already expressly defined in this Act. R.S.O. 1990,
c. M.22, s. 60; 1997, c. 17, s. 7; 1997, c. 39, s. 10 (1); 2000, c. 40, s. 18; 2002, c. 12, s. 2 (1-3); 2002, c. 18, Sched. N,
s. 56 (1, 2, 4-6); 2009, c. 2, s. 27 (1-6); 2009, c. 33, Sched. 9, s. 8 (11-14).
Forms
(2) The Minister may require that forms approved by the Minister be used for any purpose of this Act. 2009, c. 33, Sched. 9,
s. 8 (15).
(3) REPEALED: 2009, c. 33, Sched. 9, s. 8 (15).
Fees and charges
(4) The Minister may impose and collect fees and charges to recover costs incurred by the Ministry. 1997, c. 39, s. 10 (2).
Discipline
(5) The fact that an inmate is alleged to have committed an act or omission that is an offence under an Act of Canada or
Ontario does not prevent disciplinary procedures from being taken against him or her in respect of the act or omission in
accordance with the regulations made under clause (1) (e). 2002, c. 12, s. 2 (4); 2009, c. 2, s. 27 (7).
Section Amendments with date in force (d/m/y)
1997, c. 17, s. 7 - 4/06/1998; 1997, c. 39, s. 10 (2) - 30/04/1999
2000, c. 40, s. 18 (1-3) - 3/07/2001
2002, c. 12, s. 2 (3, 4) - 19/11/2002; 2002, c. 12, s. 2 (1, 2) - 22/04/2003; 2002, c. 18, Sched. N, s. 56 (1, 2, 4, 6) - 2/05/2005; 2002, c. 18,
Sched. N, s. 56 (3) - no effect - see 2009, c. 33, Sched. 9, s. 5 - 15/12/2009; 2002, c. 18, Sched. N, s. 56 (5) - 17/12/2012
2009, c. 2, s. 27 (1-7) - 1/04/2009; 2009, c. 33, Sched. 9, s. 8 (11-15) - 15/12/2009
______________

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Français
Ministry of Correctional Services Act

R.R.O. 1990, REGULATION 778

GENERAL
Consolidation Period: From January 25, 2013 to the e-Laws currency date.
Last amendment: O. Reg. 37/13.

This is the English version of a bilingual regulation.

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CONTENTS
Sections
DEFINITIONS 1
PART I CORRECTIONAL INSTITUTIONS
DUTIES OF SUPERINTENDENT, HEALTH CARE PROFESSIONALS, EMPLOYEES 2-7
ADMISSION TO INSTITUTION 8-9
INMATE PROPERTY 10-12
VISITING PRIVILEGES 13-15
CORRESPONDENCE PRIVILEGES 16-17.2
INMATE EMPLOYMENT 18
CANTEEN PRIVILEGES 19-21
SEARCHES 22-27
INMATE COMPLAINTS 28
INMATE MISCONDUCT 29-33
SEGREGATION 34
TEMPORARY ABSENCE 34.1-39.2
ASSISTANCE UPON RELEASE OR DISCHARGE 40
PART II PAROLE 40.1-51
PART III COMMUNITY RESOURCE CENTRES 52-55
PART V DISCLOSURE OF PERSONAL INFORMATION 59-64
DEFINITIONS
1. In this Regulation,
“employee” means an employee of the Ministry or of a contractor; (“employé”)
“clinic” or “hospital” means that part of an institution set aside for the care and treatment of inmates who are physically or
mentally ill; (“clinique”, “hôpital”)
“contraband” means unauthorized property in the possession of an inmate; (“objet détenu illégalement”)
“health care professional” means a member of the College of Physicians and Surgeons of Ontario or of the College of
Nurses of Ontario; (“professionnel de la santé”)
“officer” means an employee who is directly involved in the care, health, discipline, safety and custody of an inmate and
includes a bailiff appointed under the Act; (“agent”)
“Superintendent” includes a Director of a correctional institution. (“chef d’établissement”) R.R.O. 1990, Reg. 778, s. 1;
O. Reg. 305/01, s. 1; O. Reg. 331/02, s. 1.
PART I
CORRECTIONAL INSTITUTIONS
DUTIES OF SUPERINTENDENT, HEALTH CARE PROFESSIONALS, EMPLOYEES
2. (1) The Superintendent of a correctional institution is responsible for the management of the institution and for the
care, health, discipline, safety and custody of the inmates under the Superintendent’s authority, and, without limiting the
generality of the foregoing, the Superintendent shall,
(a) supervise the admission and release of each inmate from the institution;

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 (b) supervise the recording, guarding and disposition of inmate property;
(c) conduct reviews in discipline cases;
(d) supervise the admission and conduct of persons visiting the institution; and
(e) supervise the searches conducted on inmates and employees. R.R.O. 1990, Reg. 778, s. 2 (1).
(2) The Superintendent shall,
(a) administer the institution in accordance with the Act, the regulations and any instructions issued from time to time by
the Minister to the Superintendent;
(b) issue to the employees of the institution such directions as may be necessary to fulfil the responsibilities of a
Superintendent;
(c) establish administrative procedures to be followed on the admission, discharge, escape, illness or death of an inmate
and on the assignment of employees’ and inmates’ duties; and
(d) ensure that inmates are informed of their duties and privileges while in the care and custody of the Superintendent.
R.R.O. 1990, Reg. 778, s. 2 (2).
(3) The Superintendent shall forward immediately to the proper authority an application of an inmate for,
(a) appeal;
(b) a writ of habeas corpus or an order in the nature of mandamus;
(c) parole; or
(d) a transfer under the Transfer of Offenders Act (Canada). R.R.O. 1990, Reg. 778, s. 2 (3).
3. Any power, duty or function conferred or imposed upon or exercised by a Superintendent under the Act or this
Regulation may be delegated by the Superintendent to any person or persons to act as designated representative of the
Superintendent for the purpose of the effective administration of the Act and the delegation shall be subject to such
limitations, restrictions, conditions and requirements as the Superintendent considers necessary for the purpose. R.R.O.
1990, Reg. 778, s. 3.
4. (1) There shall be one or more health care professionals in each institution to be responsible for the provision of health
care services within the institution and to control and direct the medical and surgical treatment of all inmates. R.R.O. 1990,
Reg. 778, s. 4 (1).
(2) The health care professional shall ensure that every inmate receives a medical examination as soon as possible after
admission to the institution. R.R.O. 1990, Reg. 778, s. 4 (2).
(3) The health care professional shall immediately report to the Superintendent whenever the health care professional
determines that an inmate is seriously ill. R.R.O. 1990, Reg. 778, s. 4 (3).
(4) When an inmate is injured, a health care professional shall,
(a) examine the inmate’s injuries;
(b) ensure such treatment as seems advisable; and
(c) make a written report to the Superintendent concerning the nature of the injury and the treatment provided. R.R.O.
1990, Reg. 778, s. 4 (4).
(5) When an inmate claims to be unable to work by reason of illness or disability, a health care professional shall examine
the inmate and if, in his or her opinion, the inmate is unfit to work or the work should be changed, the health care
professional shall immediately report the fact in writing to the Superintendent whereupon the inmate shall be relieved of
work duties or have his or her work changed or be admitted to hospital or elsewhere for medical treatment as directed.
R.R.O. 1990, Reg. 778, s. 4 (5).
5. If an inmate becomes seriously ill, the Superintendent shall notify the inmate’s close relatives and a minister of religion,
preferably of the denomination to which the inmate belongs, and may notify any other person or persons that the inmate
requests be notified of the illness. R.R.O. 1990, Reg. 778, s. 5.
6. If an inmate dies while confined in an institution, the Superintendent shall immediately make a report concerning the
death to the Minister and the report shall include,
(a) the name of the inmate;
(b) the names of the close relatives of the inmate; and
(c) the cause of death and the surrounding circumstances. R.R.O. 1990, Reg. 778, s. 6.
7. (1) No employee shall use force against an inmate unless force is required in order to,
(a) enforce discipline and maintain order within the institution;

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 (b) defend the employee or another employee or inmate from assault;
(c) control a rebellious or disturbed inmate; or
(d) conduct a search. R.R.O. 1990, Reg. 778, s. 7 (1).
(2) When an employee uses force against an inmate, the amount of force used shall be reasonable and not excessive
having regard to the nature of the threat posed by the inmate and all other circumstances of the case. R.R.O. 1990, Reg. 778,
s. 7 (2).
(3) Where an employee uses force against an inmate, the employee shall file a written report with the Superintendent
indicating the nature of the threat posed by the inmate and all other circumstances of the case. R.R.O. 1990, Reg. 778,
s. 7 (3).
ADMISSION TO INSTITUTION
8. (1) The Superintendent shall not admit any person into custody at an institution except under the authority of a warrant
of committal, an order for remand or other judicial document constituting authority for detention of the person therein.
R.R.O. 1990, Reg. 778, s. 8 (1).
(2) Despite subsection (1), a Superintendent shall admit a person into custody at an institution without a warrant of
committal, an order for remand or other judicial document where,
(a) the person is delivered to the institution by a provincial bailiff for temporary detention in the institution;
(b) the person is delivered to the institution after being apprehended under section 39 of the Act;
(c) the person is delivered to the institution after being apprehended for an alleged breach of a temporary absence permit;
or
(d) the institution is designated as a lock-up. R.R.O. 1990, Reg. 778, s. 8 (2).
(3) Despite clause (2) (d), the Superintendent of a lock-up shall not admit into custody at the lock-up any person who is in
need of immediate medical attention. R.R.O. 1990, Reg. 778, s. 8 (3).
9. When a person is admitted into custody at an institution, the person becomes an inmate of the institution and the
Superintendent shall ensure that each inmate is searched, bathed and clothed in the proper manner. R.R.O. 1990, Reg. 778,
s. 9.
INMATE PROPERTY
10. (1) The inmate shall surrender to the Superintendent all property, including money and personal belongings, in the
inmate’s physical possession at the time of admission to the institution. O. Reg. 164/10, s. 1.
(2) The non-perishable property that the inmate is not permitted to retain in his or her possession shall be deposited with
the Superintendent. O. Reg. 132/09, s. 1.
(3) The perishable property that the inmate is not permitted to retain in his or her possession shall be dealt with as the
inmate may reasonably direct or else be destroyed by the Superintendent. O. Reg. 132/09, s. 1.
(4) The Superintendent shall not disburse or deduct any amount from the money the inmate surrenders except,
(a) banking fees or charges that are incurred by the Ministry resulting from transactions authorized by the inmate;
(b) the amount of any deduction or payment required by law; and
(c) an amount in accordance with a request made in writing by the inmate and approved by the Superintendent. O. Reg.
132/09, s. 1.
(5) When an inmate is paroled, discharged or transferred, the Superintendent shall, subject to subsection (4), return to the
inmate all money surrendered by the inmate. O. Reg. 132/09, s. 1.
11. (1) When or shortly after a person becomes an inmate of an institution, the Superintendent shall cause to be personally
delivered to the inmate a written notice regarding,
(a) the place where the inmate’s property may be claimed when the inmate is paroled, discharged or transferred to a
community resource centre;
(b) the period during which the property will be held by the Superintendent for the inmate after parole, discharge or
transfer to a community resource centre; and
(c) the proposed disposition of the property in the event that it is not claimed by the inmate. O. Reg. 164/10, s. 2 (1).
(2) REVOKED: O. Reg. 164/10, s. 2 (1).
(3) The Superintendent is not required to give notice under subsection (1) in respect of money in an inmate’s trust account
amounting to less than $5, and if that money remains unclaimed for ninety days after the inmate is paroled, discharged or

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transferred to a community resource centre, it shall be deposited in the Consolidated Revenue Fund. R.R.O. 1990, Reg. 778,
s. 11 (3); O. Reg. 132/09, s. 2; O. Reg. 164/10, s. 2 (2).
(4) Any property of an inmate that remains unclaimed for ninety days after the notice has been delivered to the inmate
may be disposed of by the Superintendent in the following manner:
1. In the case of property having significant resale value, by forwarding the property to the Minister.
2. In the case of useful property that does not have any significant resale value, by donating the property to any person or
organization that undertakes to use it for a charitable purpose.
3. In the case of any other property, by destroying it. R.R.O. 1990, Reg. 778, s. 11 (4); O. Reg. 164/10, s. 2 (3).
(5) Unclaimed property that has been forwarded to the Minister may be disposed of in any manner that the Minister
considers appropriate. R.R.O. 1990, Reg. 778, s. 11 (5).
(6) Any money belonging to an inmate that is not claimed and all proceeds from the disposition of unclaimed property
shall be deposited in the Consolidated Revenue Fund. R.R.O. 1990, Reg. 778, s. 11 (6).
12. (1) Where an inmate becomes absent without authority from an institution, all property in the institution belonging to
the inmate, except perishable property, shall be retained by the Superintendent, and if the property has not been claimed by
the inmate within twelve months following the date that the inmate became absent, the property may be disposed of pursuant
to section 11. R.R.O. 1990, Reg. 778, s. 12 (1).
(2) All perishable property belonging to an inmate who becomes absent without authority from the institution may be
immediately disposed of by the Superintendent in any manner that the Superintendent considers appropriate. R.R.O. 1990,
Reg. 778, s. 12 (2).
(3) The Superintendent shall keep a record of all unclaimed property of an inmate that is disposed of under this Regulation
and the record shall include,
(a) the name of the inmate who owned the property;
(b) a description of the property disposed of;
(c) the person or organization in receipt of the property; and
(d) the proceeds of the disposition, if any. R.R.O. 1990, Reg. 778, s. 12 (3).
VISITING PRIVILEGES
13. No person, including a visitor and any person accompanying a visitor, shall be present on the premises of an institution
without the approval of the Superintendent and the Superintendent may impose such conditions and limitations upon the
person while on the premises of the institution as the Superintendent considers necessary to ensure the safety of employees
and inmates and the security of the institution. R.R.O. 1990, Reg. 778, s. 13.
14. (1) An inmate shall be permitted visits during reasonable hours from a minister of religion, a probation officer, a
parole officer, a volunteer or the inmate’s solicitor. R.R.O. 1990, Reg. 778, s. 14 (1).
(2) In addition to the visits permitted under subsection (1), an inmate serving a sentence of imprisonment shall be
permitted at least one visit each week. R.R.O. 1990, Reg. 778, s. 14 (2).
(3) In addition to the visits permitted under subsection (1), an inmate not serving a sentence of imprisonment shall be
permitted at least two visits each week. R.R.O. 1990, Reg. 778, s. 14 (3).
(4) No child under the age of sixteen years shall be permitted access to an institution to visit an inmate unless,
(a) the child is accompanied by an adult; or
(b) permission is granted by the Superintendent for the child to visit the inmate unaccompanied. R.R.O. 1990, Reg. 778,
s. 14 (4).
(5) Despite subsections (1), (2), (3) and (4), a Superintendent may suspend all visiting privileges if the Superintendent is
of the opinion that a state of emergency exists at the institution. R.R.O. 1990, Reg. 778, s. 14 (5).
15. No visitor to an institution shall without the approval of the Superintendent,
(a) communicate with an inmate;
(b) sketch or take photographs; or
(c) receive, give, trade or sell any article to or from an inmate. R.R.O. 1990, Reg. 778, s. 15.
CORRESPONDENCE PRIVILEGES
16. An inmate shall be permitted to send one letter upon admission to an institution and at least two letters each week
thereafter and, where the inmate has not been awarded a weekly incentive allowance, the inmate shall be given sufficient
stationery and postage in order to send the letters. R.R.O. 1990, Reg. 778, s. 16.

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 17. (1) All letters and parcels sent to or from an inmate may be read or inspected by the Superintendent or by an employee
designated by the Superintendent for that purpose, and the Superintendent may refuse to forward any letter or parcel or may
delete part of a letter if, in the opinion of the Superintendent, the contents are prejudicial to the best interests of the recipient
or are prejudicial to the public safety or the security of the institution. R.R.O. 1990, Reg. 778, s. 17 (1).
(2) Subsection (1) does not apply to a letter sent by an inmate to, or to an inmate from,
(a) the inmate’s solicitor;
(b) a member of the Legislative Assembly of Ontario;
(c) a member of the Parliament of Canada;
(d) the Deputy Minister of Correctional Services;
(e) the Ombudsman or the Correctional Investigator of Canada. R.R.O. 1990, Reg. 778, s. 17 (2).
(3) A letter referred to in clause (2) (a),
(a) shall not be opened by the Superintendent or the Superintendent’s designate unless the inmate and a staff witness are
present;
(b) may be inspected for contraband; and
(c) shall not be read by the Superintendent or the Superintendent’s designate unless there are reasonable and probable
grounds to believe that it contains material that is not privileged as a solicitor-client communication. R.R.O. 1990,
Reg. 778, s. 17 (3).
(4) A letter referred to in clause (2) (b), (c) or (d) may be opened, read and inspected for contraband by the Superintendent
or the Superintendent’s designate. R.R.O. 1990, Reg. 778, s. 17 (4).
(5) A letter referred to in clause (2) (e) shall not be opened, read or inspected for contraband by the Superintendent or the
Superintendent’s designate. R.R.O. 1990, Reg. 778, s. 17 (5).
17.1 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing,
that telephone conversations between an inmate and any other persons be listened to or otherwise intercepted where the
Superintendent or designated employee believes on reasonable grounds that the conversations will contain evidence of an act
that would jeopardize the security of the institution or the safety of any person. O. Reg. 254/03, s. 1.
(2) Every correctional institution shall have a telephone system that ensures the confidentiality of telephone conversations
between an inmate and a person described in clause 17 (2) (a), (b), (c), (d) or (e) and subsection (1) does not apply to such
telephone conversations. O. Reg. 254/03, s. 1.
(3) The telephone system in a correctional institution shall provide notice of the potential interception of a telephone
conversation to both parties to the conversation by way of a voice-over message or other means. O. Reg. 254/03, s. 1.
(4) Where a telephone conversation is intercepted under subsection (1), the Superintendent or designated employee shall
inform the inmate of the fact and the reasons for it and shall give the inmate an opportunity to make representations with
respect to the interception. O. Reg. 254/03, s. 1.
(5) If informing the inmate as required by subsection (4) would adversely affect an ongoing investigation, the
Superintendent or designated employee is not required to comply with that subsection until the investigation is complete.
O. Reg. 254/03, s. 1.
17.2 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing,
that an inmate be prevented from communicating with a specified person by telephone if the Superintendent or designated
employee believes on reasonable grounds that the security of the institution or the safety of any person would be jeopardized.
O. Reg. 254/03, s. 1.
(2) The Superintendent or an employee designated by the Superintendent or the Deputy Minister for the purpose may
authorize that an inmate be prevented from communicating with a specified person by telephone if the specified person, or
his or her parent or guardian where the specified person is a minor, submits a request to the Superintendent or designated
employee that he or she not receive any telephone communication from the inmate. O. Reg. 254/03, s. 1.
(3) Where an inmate is prevented under subsection (1) or (2) from communicating with a person by telephone, the
Superintendent or designated employee, as the case may be, shall inform the inmate of the fact and the reasons for it and shall
give the inmate an opportunity to make representations with respect to the prevented communication. O. Reg. 254/03, s. 1.
(4) If informing the inmate as required by subsection (3) would jeopardize the security of the institution or the safety of
any person, the Superintendent or designated employee is not required to comply with that subsection until informing the
inmate would no longer jeopardize the security of the institution or the safety of any person. O. Reg. 254/03, s. 1.

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 INMATE EMPLOYMENT
18. (1) Every inmate shall perform work in the institution and participate in any institutional program to which the inmate
is assigned unless the inmate is medically exempt from performing the work or participating in the program. R.R.O. 1990,
Reg. 778, s. 18 (1).
(2) The Superintendent of an institution shall keep a record, on a daily basis, of the work and conduct of each sentenced
inmate. R.R.O. 1990, Reg. 778, s. 18 (2).
CANTEEN PRIVILEGES
19. (1) Subject to subsection (2), an inmate may purchase items from the institutional canteen using money held for him
or her by the Superintendent. O. Reg. 132/09, s. 3.
(2) No inmate shall purchase more than $60 worth of items from the institutional canteen in one week without the
Superintendent’s permission. O. Reg. 132/09, s. 3.
20. REVOKED: O. Reg. 132/09, s. 4.
21. REVOKED: O. Reg. 132/09, s. 5.
SEARCHES
22. (1) The Superintendent may authorize a search, at any time, of,
(a) the institution or any part of the institution;
(b) the person of an inmate;
(c) the property of an inmate; or
(d) any vehicle located on the premises of the institution. R.R.O. 1990, Reg. 778, s. 22 (1).
(2) Where the Superintendent has reasonable cause to believe that an employee is bringing or attempting to bring
contraband into or out of the institution, the Superintendent may authorize a search of the person or any property of the
employee that is located on the premises of the institution. R.R.O. 1990, Reg. 778, s. 22 (2).
(3) An officer may conduct an immediate search without the authorization of the Superintendent where the officer has
reasonable cause to believe that the inmate will destroy or dispose of contraband during the delay necessary to obtain the
authorization. R.R.O. 1990, Reg. 778, s. 22 (3).
23. No inmate shall be searched by a person of the opposite sex unless,
(a) the person is a health care professional; or
(b) the person is an officer who has reasonable cause to believe that an immediate search is necessary because the inmate
is concealing contraband that is dangerous or harmful. R.R.O. 1990, Reg. 778, s. 23.
24. (1) Any person conducting a search during which an inmate is required to undress shall conduct the search in a place
and manner such that the inmate is not subject to embarrassment or humiliation. R.R.O. 1990, Reg. 778, s. 24 (1).
(2) Every manual search of an inmate’s rectal or vaginal areas shall be conducted by a health care professional. R.R.O.
1990, Reg. 778, s. 24 (2).
25. (1) The Superintendent shall ensure that a written record is made of every inmate search and the record shall include,
(a) the name of the inmate searched;
(b) the reason for the search; and
(c) a description of any property seized or damaged in the search. R.R.O. 1990, Reg. 778, s. 25 (1).
(2) The Superintendent shall inform an inmate of any seizure or damage to property belonging to the inmate arising from a
search conducted without the knowledge of the inmate. R.R.O. 1990, Reg. 778, s. 25 (2).
26. An inmate who refuses to be searched or resists a search may be placed in segregation until the inmate submits to the
search or until there is no longer a need to search the inmate. R.R.O. 1990, Reg. 778, s. 26.
27. (1) The Superintendent may seize contraband found during a search described in section 22. R.R.O. 1990, Reg. 778,
s. 27 (1).
(2) Subject to subsection (3), contraband seized under subsection (1) is forfeit to the Crown. R.R.O. 1990, Reg. 778,
s. 27 (2).
(3) If the Superintendent determines that the forfeiture of contraband belonging to an inmate would cause undue hardship
to the inmate, the Superintendent shall hold the contraband in trust for the inmate until the inmate’s release or discharge from
the institution. R.R.O. 1990, Reg. 778, s. 27 (3).
(4) The Superintendent shall dispose of contraband that is forfeit to the Crown under subsection (2),

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 (a) if the contraband is money, by depositing it in the Consolidated Revenue Fund;
(b) if the contraband has significant resale value, by forwarding it to the Minister who may dispose of it in a manner that
the Minister considers appropriate;
(c) if the contraband is useful property that does not have significant resale value, by donating it to a person or an
organization that undertakes to use it for a charitable purpose; and
(d) if the contraband is not described in clause (a), (b) or (c), by destroying it. R.R.O. 1990, Reg. 778, s. 27 (4).
INMATE COMPLAINTS
28. Where an inmate alleges that the inmate’s privileges have been infringed or otherwise has a complaint against another
inmate or employee, the inmate may make a complaint in writing to the Superintendent. R.R.O. 1990, Reg. 778, s. 28.
INMATE MISCONDUCT
29. (1) An inmate commits a misconduct if the inmate,
(a) wilfully disobeys a lawful order of an officer;
(b) commits or threatens to commit an assault upon another person;
(c) makes a gross insult, by gesture, use of abusive language, or other act, directed at any person;
(d) takes or converts to the inmate’s own use or to the use of another person any property without the consent of the
rightful owner of the property;
(e) damages any property that is not owned by the inmate;
(f) has contraband in his or her possession or attempts to or participates in an attempt to bring contraband in or take
contraband out of the institution;
(g) creates or incites a disturbance likely to endanger the security of the institution;
(h) escapes, attempts to escape or is unlawfully at large from an institution;
(i) leaves a cell, place of work or other appointed place without proper authority;
(j) gives or offers a bribe or reward to an employee of the institution;
(k) counsels, aids or abets another inmate to do an act in contravention of the Act and regulations;
(l) refuses to pay a fee or charge that the inmate is required to pay under the Act or regulations;
(m) obstructs an investigation conducted or authorized by the Superintendent;
(n) wilfully breaches or attempts to breach any other regulation or a written rule, of which the inmate has received notice,
governing the conduct of inmates; or
(o) wilfully breaches or attempts to breach any term or condition of a temporary absence. R.R.O. 1990, Reg. 778,
s. 29 (1).
(2) An inmate shall be deemed to have received notice of a regulation or rule governing the conduct of inmates when the
regulation or rule is included in the handbook provided to the inmate or posted in a conspicuous place in the institution.
R.R.O. 1990, Reg. 778, s. 29 (2).
(3) No inmate shall be disciplined for any breach of the written rules governing the conduct of inmates except by the
Superintendent. R.R.O. 1990, Reg. 778, s. 29 (3).
30. REVOKED: O. Reg. 320/02, s. 1.
31. (1) Where an inmate is alleged to have committed a misconduct, the Superintendent shall decide, as soon as possible,
whether or not the inmate committed the misconduct. R.R.O. 1990, Reg. 778, s. 31 (1).
(2) Before making a decision under subsection (1), the Superintendent shall ensure that the inmate is notified of the
allegation and is given an opportunity for an interview, which shall be held not later than ten days after the day on which the
alleged misconduct became known to the Superintendent, to discuss the allegation with the Superintendent. R.R.O. 1990,
Reg. 778, s. 31 (2); O. Reg. 37/13, s. 1 (1).
(3) At the interview with the Superintendent, the inmate is entitled to present arguments and explanations to dispute the
allegation and to question the person or persons making the allegation as well as any other witnesses to the incident. R.R.O.
1990, Reg. 778, s. 31 (3).
(4) The Superintendent may permit any person, including an interpreter, to attend the interview and assist in any manner
that the Superintendent considers appropriate. R.R.O. 1990, Reg. 778, s. 31 (4).
(5) The Superintendent may, during an interview held under subsection (2), adjourn the interview, but no such
adjournment shall be for more than three clear days, except with the consent of the inmate. R.R.O. 1990, Reg. 778, s. 31 (5).

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 (6) The Superintendent shall inform the inmate within two days after the day of the interview concerning the
Superintendent’s decision, the reasons for the decision and the disciplinary measure imposed, if any. R.R.O. 1990, Reg. 778,
s. 31 (6); O. Reg. 37/13, s. 1 (2).
(7) Where the inmate does not notify the Superintendent within one day of receiving notification of the allegation under
subsection (2) that the inmate wishes an interview with the Superintendent, the Superintendent may decide the matter and
shall inform the inmate of the decision, the reasons for the decision and the disciplinary measure imposed, if any. R.R.O.
1990, Reg. 778, s. 31 (7); O. Reg. 37/13, s. 1 (3).
(8) After making the decision under subsection (6) or (7), the Superintendent shall make a record of the case noting the
nature of the allegation, the arguments and explanations presented by the inmate, if any, and the decision, reasons and
disciplinary measure imposed by the Superintendent in the case. R.R.O. 1990, Reg. 778, s. 31 (8); O. Reg. 37/13, s. 1 (4).
(9) Where an inmate who is alleged to have committed a misconduct is absent from the institution, a reasonable attempt to
notify the inmate shall constitute sufficient notice for the purpose of this section. R.R.O. 1990, Reg. 778, s. 31 (9).
32. (1) Where the Superintendent determines that an inmate has committed a misconduct, the Superintendent may impose
one or more of the following disciplinary measures:
1. Loss of all or some privileges for a period not greater than 120 days including the privilege of purchasing items from
the institutional canteen.
2. A change of program or work activity.
3. A change of security status.
4. A reprimand.
5. Revocation of a temporary absence permit. R.R.O. 1990, Reg. 778, s. 32 (1); O. Reg. 364/97, s. 3 (1); O. Reg. 37/13,
s. 2 (1).
(2) Where the Superintendent determines that an inmate has committed a misconduct of a serious nature, the
Superintendent may impose, in addition to any of the disciplinary measures imposed in subsection (1), one of the following
disciplinary measures:
1. Close confinement for a definite period not greater than thirty days on a regular diet.
2. Close confinement for an indefinite period not greater than thirty days on a regular diet.
3. REVOKED: O. Reg. 164/10, s. 3 (1).
4. Forfeiture of a portion or all of the remission that stands to the inmate’s credit but no such forfeiture shall exceed
fifteen days without the Minister’s approval.
5. Subject to the approval of the Minister, suspension of the eligibility of an inmate to earn remission for a period of up to
two months.
6. REVOKED: O. Reg. 164/10, s. 3 (3).
R.R.O. 1990, Reg. 778, s. 32 (2); O. Reg. 364/97, s. 3 (2); O. Reg. 164/10, s. 3; O. Reg. 37/13, s. 2 (2).
33. (1) The Minister, when requested by an inmate, may review a decision of the Superintendent where,
(a) the inmate alleges that the Superintendent did not make the decision in accordance with the procedures set out in this
Regulation; or
(b) the inmate has been disciplined by having a portion or the whole of his or her remission forfeited or by receiving a
suspension from eligibility to earn remission. R.R.O. 1990, Reg. 778, s. 33 (1).
(2) The Superintendent, upon being notified of the Minister’s review, shall immediately provide the Minister with a copy
of his or her record of the inmate’s case. R.R.O. 1990, Reg. 778, s. 33 (2).
(3) Upon completion of the review, the Minister may confirm or vary the decision of the Superintendent or direct the
Superintendent to reconsider the case, and the Minister shall forthwith notify the inmate and the Superintendent of the
decision and the reasons therefor. R.R.O. 1990, Reg. 778, s. 33 (3).
(4) The decision of the Minister is final. R.R.O. 1990, Reg. 778, s. 33 (4).
SEGREGATION
34. (1) The Superintendent may place an inmate in segregation if,
(a) in the opinion of the Superintendent, the inmate is in need of protection;
(b) in the opinion of the Superintendent, the inmate must be segregated to protect the security of the institution or the
safety of other inmates;
(c) the inmate is alleged to have committed a misconduct of a serious nature; or

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 (d) the inmate requests to be placed in segregation. R.R.O. 1990, Reg. 778, s. 34 (1).
(2) When an inmate is placed in segregation under clause (1) (c), the Superintendent shall conduct a preliminary review of
the inmate’s case within twenty-four hours after the inmate has been placed in segregation and where the Superintendent is of
the opinion that the continued segregation of the inmate is not warranted, the Superintendent shall release the inmate from
segregation. R.R.O. 1990, Reg. 778, s. 34 (2).
(3) The Superintendent shall review the circumstances of each inmate who is placed in segregation at least once in every
five-day period to determine whether the continued segregation of the inmate is warranted. R.R.O. 1990, Reg. 778, s. 34 (3).
(4) An inmate who is placed in segregation under this section retains, as far as practicable, the same benefits and
privileges as if the inmate were not placed in segregation. R.R.O. 1990, Reg. 778, s. 34 (4).
(5) Where an inmate is placed in segregation for a continuous period of thirty days, the Superintendent shall report to the
Minister the reasons for the continued segregation of the inmate. R.R.O. 1990, Reg. 778, s. 34 (5).
TEMPORARY ABSENCE
34.1 In sections 35 to 39.1,
“Board” means the Ontario Parole and Earned Release Board. O. Reg. 305/01, s. 2.
35. (1) Every Superintendent and every member of the Board is hereby designated under section 27 of the Act as a person
who may authorize the temporary absence of an inmate from a correctional institution. O. Reg. 305/01, s. 2.
(2) Every Superintendent and every member of the Board is hereby designated pursuant to section 7.2 of the Prisons and
Reformatories Act (Canada) as a person responsible for authorizing temporary absences. O. Reg. 305/01, s. 2.
(3) The Board is hereby designated pursuant to section 7.2 of the Prisons and Reformatories Act (Canada) as an
organization responsible for authorizing temporary absences. O. Reg. 305/01, s. 2.
36. (1) Every inmate is eligible to be lawfully absent from an institution during the inmate’s term of imprisonment under
the authority of a temporary absence permit issued by the Superintendent, the Board or a member of the Board. O. Reg.
305/01, s. 2.
(2) Every temporary absence granted to an inmate is a privilege conferred upon the inmate for a specific purpose. O. Reg.
305/01, s. 2.
37. (1) Every request by an inmate for a temporary absence permit shall be submitted in writing to the Superintendent of
the institution in which the inmate is confined and shall set out the reasons for the request. O. Reg. 305/01, s. 2.
(2) After considering the request for a temporary absence permit, the Superintendent shall, subject to section 38,
(a) authorize the temporary absence with or without conditions; or
(b) deny the request for a temporary absence. O. Reg. 151/03, s. 1.
(3) The Superintendent shall promptly notify the inmate in writing of his or her decision with reasons. O. Reg. 305/01,
s. 2.
38. (1) The Superintendent shall refer a request for a temporary absence permit to the chair of the Board if granting the
request would authorize an inmate to be absent from an institution unescorted for a period of 72 hours or longer. O. Reg.
305/01, s. 2.
(2) The chair of the Board shall refer a request received under subsection (1) to the Board or to a member of the Board,
and the Board or member of the Board shall review the request as soon as possible and, in any case, not later than 30 days
after the chair has received the request. O. Reg. 305/01, s. 2.
(3) An inmate is entitled to attend before the Board or a member of the Board, as the case may be, to make oral
representations in support of the request and the Board or member of the Board may permit any other person, including an
interpreter, to also attend for the purpose of assisting the Board or member in the review. O. Reg. 305/01, s. 2.
(4) After considering the request for a temporary absence permit, the Board or member of the Board shall,
(a) authorize the temporary absence with or without conditions; or
(b) deny the request for a temporary absence. O. Reg. 151/03, s. 2.
(5) The Board or member of the Board shall promptly notify the inmate in writing of the decision with reasons. O. Reg.
305/01, s. 2.
(6) An inmate who is aggrieved by a denial under this section of a temporary absence permit may request in writing that
the chair of the Board review the decision. O. Reg. 305/01, s. 2.
(7) Upon receiving a request under subsection (6), the chair or the chair’s delegate shall review the decision and shall,
(a) order the Board or the member of the Board to reconsider the application for a temporary absence permit; or
(b) uphold the original decision,

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and shall promptly notify the inmate in writing of the results of the review with reasons. O. Reg. 305/01, s. 2.
39. The Superintendent, Board or member of the Board, as the case may be, upon granting a temporary absence permit,
may impose any conditions that they consider appropriate. O. Reg. 305/01, s. 2.
39.1 (1) The Superintendent, Board or member of the Board may cancel a temporary absence permit granted by them,
before or after the beginning of the temporary absence, if,
(a) the inmate has breached or attempted to breach a condition of the temporary absence permit;
(b) the Superintendent, Board or member considers it necessary and justified in order to prevent a breach of a condition of
the temporary absence permit;
(c) the grounds for granting the temporary absence permit have changed or no longer exist; or
(d) the request has been reassessed, based on new information that could not reasonably have been provided when the
temporary absence permit was granted. O. Reg. 305/01, s. 2.
(2) If a temporary absence permit is cancelled, the Superintendent, Board or member of the Board, as the case may be,
(a) shall order the inmate to return immediately to the correctional institution, with reasons for the cancellation; and
(b) may have a notice of cancellation issued for the inmate’s apprehension and recommittal. O. Reg. 305/01, s. 2.
(3) An inmate who is aggrieved by the cancellation of his or her temporary absence permit that had been granted by the
Board or a member of the Board may request in writing that the chair of the Board review the decision. O. Reg. 305/01, s. 2.
(4) Upon receiving a request under subsection (3), the chair or the chair’s delegate shall review the decision and any
submissions made by the inmate and shall,
(a) reauthorize the temporary absence of the inmate; or
(b) uphold the cancellation of the temporary absence permit,
and shall promptly notify the inmate in writing of the results of the review with reasons. O. Reg. 305/01, s. 2.
(5) If an inmate is alleged to have committed a misconduct described in clause 29 (1) (o) in connection with his or her
actions for which the temporary absence permit was cancelled, the Superintendent shall take into consideration the reasons
given under subsections (2) and (4) when determining if the inmate has committed the misconduct. O. Reg. 305/01, s. 2.
39.2 Any proceeding begun under this Regulation before this section comes into force in respect of a request for a
temporary absence permit or the suspension or cancellation of a temporary absence permit shall be completed in accordance
with this Regulation as it read immediately before this section comes into force. O. Reg. 305/01, s. 2.
ASSISTANCE UPON RELEASE OR DISCHARGE
40. The Minister or an employee designated by the Minister may give a gratuity or such other assistance to an inmate upon
his or her release or discharge from an institution as the Minister or employee considers will aid the rehabilitation of the
inmate. O. Reg. 132/09, s. 6.
PART II
PAROLE
40.1 In this Part,
“victim” means,
(a) a victim within the meaning of section 36.1 of the Act who is a victim of an inmate in respect of the offence for which
the inmate is seeking parole, and
(b) if the person described in clause (a) is under 16 years of age, includes the person’s parent, within the meaning of
section 1 of the Family Law Act, or guardian. O. Reg. 151/03, s. 3.
41. (1) The portion of the term of imprisonment that an inmate must serve before parole may be granted is one-third of
the total term of imprisonment imposed upon the inmate. R.R.O. 1990, Reg. 778, s. 41 (1).
(2) Despite subsection (1), the Board may parole an inmate at any time where, in the opinion of the Board, compelling or
exceptional circumstances exist that warrant the inmate’s parole. R.R.O. 1990, Reg. 778, s. 41 (2).
(3) Every inmate sentenced to imprisonment in an institution shall be notified in writing by the Ministry of the inmate’s
parole eligibility date no later than two months after the date on which the inmate was sentenced. R.R.O. 1990, Reg. 778,
s. 41 (3).
42. (1) Where an inmate is serving a term of imprisonment of less than six months, the inmate may apply to the Board for
parole at any time. R.R.O. 1990, Reg. 778, s. 42 (1).
(2) An inmate referred to in subsection (1) is not entitled to a hearing before the Board. R.R.O. 1990, Reg. 778, s. 42 (2).

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 43. (1) Where an inmate is serving a term of imprisonment of six months or more, the Board shall consider the inmate for
parole before the parole eligibility date, whether or not the inmate has applied for parole. R.R.O. 1990, Reg. 778, s. 43 (1).
(2) An inmate referred to in subsection (1) is entitled to a hearing before the Board unless the inmate in writing waives the
right to the hearing, but if the inmate withdraws the waiver before the Board makes a decision regarding the parole, the Board
shall proceed to conduct a hearing of the matter. R.R.O. 1990, Reg. 778, s. 43 (2).
44. (1) Where the Board is considering whether or not an inmate is a suitable inmate to be granted parole the Board may
obtain and consider any information that the Board considers useful and relevant regarding the character, abilities and
prospects of the inmate, and in particular the Board may obtain and consider,
(a) particulars of the inmate’s trial, conviction and sentence;
(b) particulars of the inmate’s criminal record;
(c) information from persons knowledgeable about the inmate’s background and living conditions before the inmate was
confined in the institution;
(d) a report from the Superintendent of the institution assessing the progress made by the inmate towards rehabilitation;
and
(e) a report from a health care professional concerning the inmate’s physical condition and mental health. R.R.O. 1990,
Reg. 778, s. 44 (1).
(2) Where the Board conducts a hearing to determine whether or not an inmate is a suitable inmate to be granted parole,
(a) the inmate shall be given at least forty-eight hours notice of the hearing;
(b) the inmate shall be given an opportunity to attend before the Board and present arguments and submissions on his or
her own behalf;
(c) the Board may permit any person, including an interpreter, to assist in any manner that the Board considers
appropriate; and
(d) the Board shall, in the form and manner that it considers appropriate, inform the inmate of any information in the
Board’s possession that may affect its decision. R.R.O. 1990, Reg. 778, s. 44 (2).
(3) REVOKED: O. Reg. 151/03, s. 4.
44.1 A victim of the inmate may make submissions to the Board before it conducts a hearing under subsection 44 (2), in
any form that the Board considers appropriate, including written submissions or an interview in person or by telephone or
other means of communication with the Board or with a person or persons designated by the chair of the Board. O. Reg.
151/03, s. 5.
44.2 (1) A victim of the inmate may apply to the Board if he or she wishes to attend the inmate’s parole hearing. O. Reg.
151/03, s. 5.
(2) The Board shall approve a victim’s application unless, based on the advice of the Superintendent of the correctional
institution where the hearing is scheduled to take place, the Board determines that,
(a) there is insufficient time before the hearing,
(i) to obtain security clearance for the victim and a person to assist the victim to attend at the correctional institution,
or
(ii) to arrange for the hearing to be held in a room that has adequate space for all the persons attending the hearing; or
(b) the security of the correctional institution or the personal safety of any person, including the victim, may be
compromised by the victim’s attendance at the hearing. O. Reg. 151/03, s. 5.
(3) If the Board denies a victim’s application to attend a hearing, the victim may request in writing that the chair of the
Board review the decision. O. Reg. 151/03, s. 5.
(4) Upon receiving a request under subsection (3), the chair or the chair’s delegate shall review the decision and, based on
the advice of the supervisor of the Superintendent of the correctional institution where the hearing is scheduled to take place,
shall uphold, reverse or amend the original decision of the Board. O. Reg. 151/03, s. 5.
(5) If the Board approves a victim’s application to attend a parole hearing, the inmate shall be promptly notified of the
fact. O. Reg. 151/03, s. 5.
44.3 (1) A victim who has been given permission to attend a hearing may participate in the hearing by making
submissions to the Board on,
(a) the effects and impact of the offence at the time of the offence on the victim and on any relative or spouse of the
victim;
(b) the continuing effects and impact of the offence on the victim and on any relative or spouse of the victim; and

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 (c) the victim’s and any relative or spouse of the victim’s recommendations with respect to the granting of parole to the
inmate and, if parole is granted, to any conditions that should be attached to the inmate’s parole to protect the victim
and the community at large. O. Reg. 151/03, s. 5; O. Reg. 295/05, s. 1 (1).
(2) A victim may be assisted at an inmate’s parole hearing by any person and in exceptional circumstances, the Board may
permit a victim to be assisted at the hearing by more than one person. O. Reg. 151/03, s. 5.
(3) A person attending a parole hearing to assist a victim may only participate at the hearing,
(a) by translating for the victim; and
(b) at the discretion of the Board, by speaking on behalf of a victim who has a mental or physical disability that prevents
him or her from communicating clearly. O. Reg. 151/03, s. 5.
(4) In subsection (1),
“relative” means a person related to the victim by blood, marriage or adoption; (“parent”)
“spouse” has the same meaning as in section 29 of the Family Law Act. (“conjoint”) O. Reg. 295/05, s. 1 (2).
44.3.1 (1) Any person, other than a victim, may apply to the Board in writing if he or she wishes to attend an inmate’s
parole hearing as an observer. O. Reg. 152/03, s. 1.
(2) The Board may approve or deny a person’s application to attend as an observer and, in making that decision, shall
consider,
(a) the views of any victim who has been permitted by the Board to attend the hearing; and
(b) the need to preserve the confidentiality of information provided at the hearing and of the sources of that information.
O. Reg. 152/03, s. 1.
(3) The Board shall not approve a person’s application to attend as an observer if, based on the advice of the
Superintendent of the correctional institution where the hearing is scheduled to take place, the Board determines that,
(a) there is insufficient time before the hearing to obtain security clearance for the person to attend at the correctional
institution;
(b) the room in which the hearing is to be held does not have adequate space for the person to attend; or
(c) the security of the correctional institution or the personal safety of any person, including the person who applied to
attend as an observer, may be compromised by the person’s attendance at the hearing. O. Reg. 152/03, s. 1.
(4) If the Board approves a person’s application to attend a parole hearing as an observer, the inmate shall be promptly
notified of the fact. O. Reg. 152/03, s. 1.
(5) If the Board denies a person’s application to attend a parole hearing as an observer, it shall notify the person in writing
of the denial and the reasons for it. O. Reg. 152/03, s. 1.
(6) There is no review or appeal from a decision of the Board under this section. O. Reg. 152/03, s. 1.
44.3.2 A person who has been given permission to attend a hearing as an observer may not participate in the hearing in
any way. O. Reg. 152/03, s. 1.
44.3.3 A victim, a person who assists a victim or a person who attends a hearing as an observer shall not bring a camera or
electronic recording device of any kind into the correctional institution or hearing room. O. Reg. 152/03, s. 1.
44.4 If, at any point during a hearing under subsection 44 (2), the Board is of the opinion that the orderly conduct of the
hearing is being disrupted, the Board may,
(a) request that any person, other than the inmate, be excluded from the hearing room for any portion of or the remainder
of the hearing; or
(b) adjourn the hearing to another day and specify that any person at the hearing, other than the inmate, not attend the
resumed hearing. O. Reg. 151/03, s. 5.
44.5 Upon the conclusion of a hearing under subsection 44 (2) and upon consideration of the matters referred to in
subsection 44 (1), the submissions of any victims made under section 44.1 or subsection 44.3 (1) and the arguments and
submissions of the inmate, the Board may,
(a) grant parole upon such terms and conditions as it considers necessary; or
(b) refuse to grant parole,
and the Board shall notify the inmate of its decision and the reasons for the decision. O. Reg. 151/03, s. 5.
45. (1) An inmate whose parole is reviewed under subsection 39 (2) of the Act is entitled to a hearing before the Board
unless the inmate in writing waives the right to the hearing, but if the inmate withdraws the waiver before the Board makes a
decision regarding the parole, the Board shall proceed to conduct a hearing of the matter. R.R.O. 1990, Reg. 778, s. 45 (1).

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 (2) Where the Board conducts a review of parole under subsection 39 (2) of the Act, the Board may obtain and consider
any information that the Board considers useful and relevant, including any records relating to the decision to grant the
inmate parole and information about the inmate’s conduct while on parole. R.R.O. 1990, Reg. 778, s. 45 (2).
(3) Where the Board conducts a hearing in the course of a review of parole under subsection 39 (2) of the Act, subsection
44 (2) applies to the hearing with necessary modifications. R.R.O. 1990, Reg. 778, s. 45 (3).
(4) Upon consideration of the matters referred to in subsection (2) and the arguments and submissions, if any, of the
inmate, the Board may,
(a) allow the inmate to continue on parole; or
(b) revoke parole,
and the Board shall notify the inmate in writing of its decision and the reasons for the decision. R.R.O. 1990, Reg. 778,
s. 45 (4).
46. (1) An inmate who is aggrieved by a decision of the Board may request in writing that the chair of the Board review
the decision. R.R.O. 1990, Reg. 778, s. 46 (1).
(2) Upon receiving a request under subsection (1), the chair or the chair’s delegate shall review the decision and shall,
(a) order a new hearing; or
(b) uphold the original decision of the Board,
and shall forthwith notify the inmate in writing of the results of the review with reasons. R.R.O. 1990, Reg. 778, s. 46 (2).
47. (1) An inmate who has received parole shall not be allowed to begin parole without signing a certificate of parole
setting out the conditions of the parole. R.R.O. 1990, Reg. 778, s. 47 (1).
(2) Despite subsection (1), the Board may authorize an inmate to be allowed to begin parole before the certificate of parole
has been completed and signed where the Board is of the opinion that compelling or exceptional circumstances warrant the
authorization. R.R.O. 1990, Reg. 778, s. 47 (2).
48. It is a condition of every grant of parole, unless the Board orders otherwise, that the parolee shall,
(a) remain within the jurisdiction of the Board;
(b) keep the peace and be of good behaviour;
(c) obtain the consent of the Board or the parole supervisor for any change of residence or employment;
(c.1) keep a copy of his or her certificate of parole with him or her at all times and produce it to a probation officer, parole
officer or police officer on request, unless, under subsection 47 (2), the certificate of parole has not been completed
and signed;
(d) report as required to the parole supervisor and the local police force; and
(e) refrain from associating with any person who is engaged in criminal activity or, unless approved by the parole
supervisor, with any person who has a criminal record. R.R.O. 1990, Reg. 778, s. 48; O. Reg. 320/02, s. 2.
49. REVOKED: O. Reg. 164/10, s. 4.
50. REVOKED: O. Reg. 260/99, s. 2.
51. Where the Board has granted parole to an inmate to permit the deportation of the inmate, the Board may remit any
remaining portion of the inmate’s term of imprisonment. R.R.O. 1990, Reg. 778, s. 51.
PART III
COMMUNITY RESOURCE CENTRES
52. (1) The director of a community resource centre is responsible for the management of the centre and for the care,
health, discipline, safety and custody of the inmates under the director’s authority, and, without limiting the generality of the
foregoing, the director shall,
(a) supervise the admission and release of each inmate from the centre;
(b) supervise the disposition of inmate property; and
(c) supervise the admission and conduct of persons visiting the centre. R.R.O. 1990, Reg. 778, s. 52 (1).
(2) The director shall,
(a) administer the community resource centre in accordance with the Act, the regulations, the agreement between the
centre and the Ministry, and any instructions issued from time to time by the Minister to the director; and
(b) ensure that inmates are informed of their duties and privileges while in custody at the community resource centre.
R.R.O. 1990, Reg. 778, s. 52 (2).

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 53. The provisions of this Regulation governing the disposition of inmate property apply, with necessary modifications, to
the property of an inmate who is admitted to a community resource centre. R.R.O. 1990, Reg. 778, s. 53.
54. The provisions of this Regulation governing the management of money earned by an inmate while in custody at a
correctional institution apply, with necessary modifications, to the management of money earned by an inmate while in
custody at a community resource centre. R.R.O. 1990, Reg. 778, s. 54.
55. There shall be an inspection or investigation by the Ministry of every community resource centre from time to time
and, in any event, at least once in each year and each director shall provide access and assist an inspector from the Ministry as
fully as possible in the conduct of an inspection or investigation. R.R.O. 1990, Reg. 778, s. 55.
PART IV (sections 56-58) REVOKED: O. Reg. 132/09, s. 7.
PART V
DISCLOSURE OF PERSONAL INFORMATION
59. In this Part, an individual shall be deemed to be charged with an offence if he or she,
(a) is arrested and released in accordance with Part XVI of the Criminal Code (Canada); or
(b) is served with a summons under Part III of the Provincial Offences Act in relation to an offence for which an
individual may be arrested, even if an information has not been laid at the time the summons is served. O. Reg.
266/98, s. 1.
60. (1) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose personal
information about an individual to a chief of police or his or her designate if,
(a) the individual has been convicted or found guilty of an offence under the Criminal Code (Canada), the Controlled
Drugs and Substances Act (Canada) or any other federal or provincial Act;
(b) the person who would disclose the personal information reasonably believes that the individual poses a significant risk
of harm to other persons or property; and
(c) the person who would disclose the personal information reasonably believes that the disclosure will reduce that risk.
O. Reg. 266/98, s. 1; O. Reg. 164/10, s. 5.
(2) If subsection (1) applies, the person authorized by that subsection to disclose personal information may disclose any
personal information about the individual that the authorized person reasonably believes will reduce the risk posed by the
individual. O. Reg. 266/98, s. 1.
61. For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose to any person
the following personal information about an individual who has been charged with, convicted of or found guilty of an offence
under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other federal or provincial Act:
1. The individual’s name, date of birth and address.
2. The offence with which he or she has been charged or of which he or she has been convicted or found guilty and the
sentence, if any, imposed for that offence.
3. The outcome of all significant judicial proceedings relevant to the offence.
4. The procedural stage of the criminal justice process to which the prosecution of the offence has progressed and the
physical status of the individual in that process (for example, whether the individual is in custody, or the terms, if any,
upon which he or she has been released from custody).
5. The date of the release or impending release of the individual from custody in relation to the offence, including any
release on parole or temporary absence. O. Reg. 164/10, s. 6.
62. (1) In this section,
“victim” means a person who, as a result of the commission of any offence under the Criminal Code (Canada) by another,
suffers emotional or physical harm, loss of or damage to property or economic harm and, if the commission of the offence
results in the death of the person, includes,
(a) a child or parent of the person, within the meaning of section 1 of the Family Law Act, and
(b) a dependant or spouse of the person, both within the meaning of section 29 of the Family Law Act,
but does not include a child, parent, dependant or spouse who is charged with or has been convicted of committing the
offence. O. Reg. 295/05, s. 2.
(2) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose to a victim the
following information about an individual who is alleged to have committed the offence, if the victim requests the
information:
1. The progress of investigations that relate to the offence.

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 2. The charges laid with respect to the offence and, if no charges are laid, the reasons why no charges are laid.
3. The dates and places of all significant proceedings that relate to the prosecution.
4. The outcome of all significant proceedings, including any proceedings on appeal.
5. Any pretrial arrangements that are made that relate to a plea that may be entered by the accused at trial.
6. The interim release and, in the event of conviction, the sentencing of an accused.
7. Any disposition made under section 672.54 or 672.58 of the Criminal Code (Canada) in respect of an accused who is
found unfit to stand trial or who is found not criminally responsible on account of mental disorder.
8. Any application for release or any impending release of the individual convicted of the offence, including release in
accordance with a program of temporary absence, on parole or on an unescorted temporary absence pass.
9. Any escape from custody of the individual convicted of the offence.
10. If the individual accused of committing the offence is found unfit to stand trial or is found not criminally responsible
on account of mental disorder,
i. any hearing held with respect to the accused by the Review Board established or designated for Ontario pursuant
to subsection 672.38 (1) of the Criminal Code (Canada),
ii. any order of the Review Board directing the absolute or conditional discharge of the accused, and
iii. any escape of the accused from custody. O. Reg. 266/98, s. 1; O. Reg. 164/10, s. 7.
63. (1) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose personal
information about an individual in the circumstances described in subsection (2) to,
(a) any police force in Canada;
(b) any correctional or parole authority in Canada; or
(c) any person or agency engaged in the protection of the public, the administration of justice or the enforcement of or
compliance with any federal or provincial Act, regulation or government program. O. Reg. 266/98, s. 1; O. Reg.
164/10, s. 8 (1).
(2) Subsection (1) applies if the individual is under investigation of, is charged with, or is convicted or found guilty of an
offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other federal or
provincial Act and if the circumstances are such that disclosure is required for the protection of the public, the administration
of justice or the enforcement of or compliance with any federal or provincial Act, regulation or government program.
O. Reg. 266/98, s. 1.
(3) In disclosing personal information under this section to an agency that is not engaged in the protection of the public or
the administration of justice, the person making the disclosure shall follow the procedures set out in any memorandum of
understanding entered into between the agency and the Ontario Parole Board or the Minister, as the case may be. O. Reg.
164/10, s. 8 (2).
64. In deciding whether or not to disclose personal information under this Part, the person who is authorized to disclose
the information shall consider the availability of resources and information, what is reasonable in the circumstances of the
case, what is consistent with the law and the public interest and what is necessary to ensure that the resolution of criminal
proceedings is not delayed. O. Reg. 266/98, s. 1.
FORM 1 REVOKED: O. Reg. 260/99, s. 3.

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