S-40.1, r. 1 - Regulation under the Act respecting the Québec correctional system

Section 28 Disposition versions

2024-09-19

28. A correctional officer may also submit an inmate to a frisk search, a body scan search or a strip search if

(1)  there are reasonable grounds to believe that the inmate has in his or her possession an unauthorized item, contraband or evidence relating to a criminal offence and that the search is necessary to find the contraband or evidence;

(2)  an escape or hostage taking is feared, or after a riot; or

(3)  a situation is likely to trigger an emergency measure or the presence of contraband constitutes a clear and substantial danger to human life or safety or to the security of the facility.

The search must be authorized by the manager in charge, except in an emergency where the search must be the subject of a report by the correctional officer who conducted it justifying its necessity and the reason for the urgency.

O.C. 5-2007, s. 28; O.C. 1325-2024, s. 17.

2012-09-01

28. A correctional officer may also frisk or strip search an inmate if

(1)  there are reasonable grounds to believe that the inmate has in his or her possession an unauthorized item, contraband or evidence relating to a criminal offence and that the search is necessary to find the contraband or evidence;

(2)  an escape or hostage taking is feared, or after a riot; or

(3)  a situation is likely to trigger an emergency measure or the presence of contraband constitutes a clear and substantial danger to human life or safety or to the security of the facility.

The search must be authorized by the manager in charge, except in an emergency where the search must be the subject of a report by the correctional officer who conducted it justifying its necessity and the reason for the urgency.

O.C. 5-2007, s. 28.