Marginal note:Staff member to inform institutional head
50. Where a staff member believes on reasonable grounds that an inmate is carrying contraband in a body cavity, the staff member may not seize or attempt to seize that contraband, but shall inform the institutional head.
Marginal note:Use of X-ray, “dry cell”
51. Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing one or both of the following:
(a) the use of an X-ray machine by a qualified X-ray technician to find the contraband, if the consent of the inmate and of a qualified medical practitioner is obtained; and
(b) the detention of the inmate in a cell without plumbing fixtures, with notice to the penitentiary’s medical staff, on the expectation that the contraband will be expelled.
Marginal note:Body cavity search
52. Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate is carrying contraband in a body cavity and that a body cavity search is necessary in order to find or seize the contraband, the institutional head may authorize in writing a body cavity search to be conducted by a qualified medical practitioner, if the inmate’s consent is obtained.
Marginal note:Exceptional power of search
53. (1) Where the institutional head is satisfied that there are reasonable grounds to believe that
(a) there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the penitentiary, and
(b) a frisk search or strip search of all the inmates in the penitentiary or any part thereof is necessary in order to seize the contraband and avert the danger,
the institutional head may authorize in writing such a search, subject to subsection (2).
Marginal note:Gender requirement
(2) A strip search authorized under subsection (1) shall be conducted in each case by a staff member of the same sex as the inmate.
54. Subject to section 56 and subsection 57(1), a staff member may demand that an inmate submit to urinalysis
(a) where the staff member believes on reasonable grounds that the inmate has committed or is committing the disciplinary offence referred to in paragraph 40(k) and that a urine sample is necessary to provide evidence of the offence, and the staff member obtains the prior authorization of the institutional head;
(b) as part of a prescribed random selection urinalysis program, conducted without individualized grounds on a periodic basis and in accordance with any Commissioner’s Directives that the regulations may provide for; or
(c) where urinalysis is a prescribed requirement for participation in
(i) a prescribed program or activity involving contact with the community, or
(ii) a prescribed substance abuse treatment program.
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