COLLECTION OF DNA SAMPLES FROM ARRESTEES
PURPOSE
This Field Operations Directive establishes procedures regarding the collection of DNA samples by Department personnel pursuant to the DNA and Forensic Identification Database and Databank Act (Proposition 69).
BACKGROUND
In November 2004, Proposition 69, a ballot initiative, was voted into law by the citizens of California. The law amended Penal Code sections 295-300 and added Government Code Section 76104.6. It expands the DNA collection categories to include adults and juveniles previously convicted of any felony, adults arrested for certain felonies, and in January 1, 2009, adults arrested for any felony.
On August 4, 2011, the California Appellate Court issued a ruling declaring that the blanketed DNA collection of all felony arrestees per Proposition 69 is unconstitutional. This court ruling prohibited collection unless justified by other legal grounds such as: consent, a search warrant, or prior judicial determination of probable cause. The Attorney General’s Office has appealed this case, and the California Supreme Court has since agreed to review it. This effectively suspends the Appellate Court ruling until a decision has been passed down from the Supreme Court.
The DNA samples are submitted to the California Department of Justice DNA laboratory for analysis, and the DNA profiles are then stored in the California DNA databank. The profiles are also submitted to the Combined DNA Index System (CODIS), a national repository maintained by the FBI. The information in the DNA databank is compared to evidence collected from crime scenes for possible matches.
POLICY AND PROCEDURES
DNA collection by LASD personnel shall conform to the provisions of Proposition
69. DNA shall again be taken based on the fact that the person was arrested on a felony charge. Any collection conducted pursuant to consent or other court order is still valid. DNA samples shall be collected when one of the following conditions or documents exist:
The collection of DNA samples is part of the booking process. DNA may be collected using the LiveScan or the manual methods.
LiveScan Collection
New Bookings
On every CRIM/DNA booking, the LiveScan will query the DOJ's DNA Databank to check on the prisoner's collection status. Once the jailer reaches the DNA page during the booking process, they shall read the response and opt to collect DNA at that time or defer it. If the jailer decides to collect DNA after receiving the collection status, they shall use a LiveScan specific buccal swab kit (small envelope) and enter the appropriate data into the LiveScan. The directions inside the kit shall be followed when collecting the sample. If DNA collection is deferred, the Jailer may transform the original transaction into a DNA Submission. Once DNA has been collected and the appropriate information is entered into the LiveScan and submitted, all appropriate downstream systems are updated including DOTS.
Prisoners in Custody
For a prisoner that is still in custody and may need to have DNA collected, use the LiveScan to perform an "ID4" transaction. This will query the DOJ, and the jailer can then decide if they wish to continue collecting DNA or not. If the jailer chooses to collect, they shall follow the listed procedures for a standard CRIM/DNA booking.
LiveScan Down (Inoperable)
If the LiveScan is inoperable for any reason, DNA should be collected using the manual method.
Manual Collections
Station jailers shall:
If a DNA sample has not been previously collected or if it cannot be determined that a DNA sample has been previously collected, station jailers shall collect a DNA sample utilizing the following procedures:
NOTE: The use of a new set of latex gloves by the jailer for EACH arrestee swab is imperative to prevent cross-contamination of the DNA samples.
NOTE: LiveScan collections using bar-coded buccal swabs do not require a DOJ Specimen Information Card. The collection information will be sent via LiveScan to DOJ and linked to the sample through the scanned bar code on the buccal swab.
Administrative Jailers shall periodically (at least once a week) send approved, sealed DNA collection kits to the “Inmate Reception Center, DNA Unit” via County Mail or other internal delivery process accompanied by a memo indicating the number of kits being sent in the package.
DNA collection from arrestees booked into LASD station jails by outside agencies shall be the responsibility of the station jailers.
Watch Sergeant Responsibilities
The Watch Sergeant shall:
In the case of a refusal to provide a required DNA sample, the Watch Sergeant shall:
“It is a violation of Penal Code Section 298.1 if you refuse to provide a DNA sample, fingerprints, and palm prints per Penal Code Section 296(a). You may be arrested and booked for this new crime. Refusal to provide these samples may result in increased time in custody. In addition, pursuant to Penal Code Section 298.1, reasonable force may be employed to collect DNA samples and print impressions from individuals who refuse to voluntarily provide those samples or impressions.”
IRC Supervising Sergeant’s Responsibilities
The IRC Supervising Sergeant shall review and complete the “Use of Force to Obtain
DNA” form authorizing the use of force to obtain a sample. Additional information on the form shall document:
This form will be attached to a letter from IRC Operations to the Board of Corrections within 10 days of the use of reasonable force. (Sample Letterhead attached.)
Training
All jailers shall be trained in taking DNA samples utilizing the buccal swab process. This training shall be documented on an APIS roster [class “DNA (DOTS)” TRS #09588].
The APIS roster shall be sent to the Education Training and Records office to be included in the employee’s electronic training records file. Administrative jailers will be responsible for the training of other jailers at their respective units of assignment.
Supplies
Logistics/Central Supply shall be responsible for obtaining and maintaining an adequate supply of DNA kits from the California Department of Justice. Stations may obtain additional DNA kits (stock # SHDNAKT) from Logistics/Central Supply utilizing existing procedures for ordering supplies.
AFFECTED DIRECTIVES
MPP Section 5-03/030.10 - Adds additional booking processes in cases where DNA samples are required.
CITES/REFERENCES
Station Jail Manual, Booking Procedures
MPP 05-03/030.00, Booking Procedures
Penal Code, Sections 290-298, 457.1
California Department of Justice Buccal DNA Collection Kit Instructions (10/21/04) (12/20/2006)
California Code of Regulations (CCR) Title 15 - Section 1059
California Code of Regulations (CCR) Title 15 - Section 1363
California Code of Regulations (CCR) Title 15 - Section 3025
ATTACHMENTS
“Use of Force to Obtain DNA” Form
Department Letterhead Sample letter to CDCR-CSA reporting refusal