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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),
 (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).
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