Body scanners and dry-cell rules for prisons

Summary#

The Regulations Amending the Corrections and Conditional Release Regulations (published May 6, 2023) are a proposed change that would let the Correctional Service of Canada use body‑scanner machines in federal prisons and set clearer rules for “dry cell” detention. The government estimates the change would cost about $9,003,947 (present value) over 10 years and produce monetized benefits of about $294,797 over the same period.

What it does#

• Allows the use of a “prescribed body scanner” that can detect items on or inside a clothed person. Scans come in two types:

  • non‑detailed scans (silhouette/highlighted areas); and
  • detailed scans (internal images similar to an X‑ray).
    Scans must be done by trained staff and follow health and safety guidance.

• Lets detailed scans substitute for strip searches in many routine and non‑routine situations for inmates, and allows non‑detailed scans for frisk or non‑intrusive searches.

• Permits body scans of visitors and staff in specified circumstances. If a visitor refuses a scan, the institution can require a non‑contact visit or refuse the visit.

• Changes the dry cell rules:

  • If a working scanner is available, an institutional head should rely on a detailed scan result before ordering dry‑cell detention.
  • Initial dry‑cell detention would be capped at 72 hours, with up to two additional 24‑hour extensions in narrow circumstances (so a maximum of 120 hours).
  • The institutional head must give written reasons to the inmate and the inmate’s health must be monitored; staff must refer cases to health professionals if there are signs of harm.

• Strengthens reporting and data rules:

  • Mandatory reports and notifications at 48 hours, 72 hours, and 96 hours in certain situations.
  • Procedures required for collecting and analyzing dry‑cell data to identify trends.

• Includes privacy and operational details from the proposal:

  • The cost estimate assumed buying about 33 more scanners at roughly $275,000 each.
  • Scan images can be deleted with inmate consent after 30 days; without consent images may be retained up to 2 years.

Who's affected#

• People in federal prisons, especially inmates suspected of concealing contraband and those placed in dry cells.
• Visitors and correctional staff, who may be asked to undergo non‑detailed or detailed scans.
• The Correctional Service of Canada, which would buy and operate the scanners and change reporting and health procedures.
• Taxpayers, since the government estimates a net program cost over 10 years.
• Health and privacy advocates, because the changes involve internal body images and new health‑monitoring requirements.

(It is not clear from the proposal whether these changes would affect provincial jails or non‑correctional agencies.)

Why it matters#

• Detecting contraband: Body scanners aim to find items hidden inside the body that current searches often miss. That could reduce some risks inside institutions (for inmates and staff).

• Less invasive searches: Scans can be less physically invasive than strip searches, which may matter for people with trauma histories or specific gender/religious needs.

• Limits on isolation: Introducing a clear 72‑hour cap (with very limited extensions) on dry‑cell detention is intended to reduce prolonged isolation and add medical oversight.

• Privacy and health trade‑offs: Detailed scans create sensitive medical‑style images. The proposal includes retention limits and rules, but it raises privacy and health questions that some groups have already discussed with officials.

• Cost vs benefit: The government’s analysis shows estimated costs of $9,003,947 (present value) over 10 years and monetized benefits of $294,797, leaving an estimated net cost of about $8,709,150 over that period.

• Status and next steps: This is a proposed regulation (Part I notice) published May 6, 2023 with a 30‑day comment period. The changes would come into force when the remaining related amendments to the Corrections and Conditional Release Act are brought into force (the proposal says this is expected in early 2024).