PURPOSE OF ORDER:
The purpose of this order is to establish procedures regarding the collection of DNA samples from arrestees with felony charges at the Inmate Reception Center (IRC). IRC personnel may employ reasonable force to collect blood specimens, saliva samples, and thumb or palm print impressions from inmates who refuse to provide DNA samples.
SCOPE OF ORDER:
This unit order shall apply to all personnel assigned to and/or working in any capacity at
IRC, specifically those assigned to DNA Collections.
ORDER:
Per Proposition 69, a ballot initiative voted into law on November 2, 2004, IRC personnel assigned to DNA Collections shall adhere to the following procedures when an inmate refuses to provide DNA samples.
Proposition 69
Pursuant to Proposition 69, DNA samples shall be collected when one of the following conditions or documents exists:
Refusal to Provide DNA Samples (Misdemeanor)
Pursuant to Penal Code Section 298.1, any person who refuses to give any or all of the following: blood specimens, saliva samples, or thumb or palm print impressions as required by this chapter, once he or she has received written notice from the Department of Justice, the Department of Corrections and Rehabilitation, any law enforcement personnel, or officer of the court that he or she is required to provide specimens, samples, and print impressions, pursuant to this chapter is guilty of a misdemeanor.
Punishment
The refusal or failure to give any or all of the following: blood specimens, saliva samples, or thumb or palm print impressions is punishable as a separate offense by both a fine of five hundred dollars ($500) and imprisonment of up to one year in a county jail, or if the person is already imprisoned in the state prison, by sanctions for misdemeanors according to a schedule determined by the Department of Corrections and Rehabilitation.
Reasonable Force
IRC personnel may use reasonable force to collect blood specimens, saliva samples, and thumb or palm print impressions from persons who, after written or oral request is received, refuse to provide DNA samples. IRC personnel shall consider the following prior to using reasonable force:
Applying Reasonable Force to Collect DNA
Prior to an inmate’s arrival to IRC, if that inmate requires DNA collection, the arresting law enforcement agencies shall arrange for the collection with appropriate medical personnel. The IRC watch commander shall be notified when law enforcement agencies are unable to make arrangements with medical personnel due to the inmate’s refusal.
Arresting law enforcement agencies shall then request booking approval and complete the “Use of Force to Obtain DNA” form authorizing the use of force to obtain a DNA blood sample.
Once approval has been given by the watch commander, the inmate shall be booked and live scanned prior to being transported to IRC.
In all other cases IRC personnel are required to collect DNA from in-custody inmates. IRC personnel assigned to DNA collections are required to collect saliva samples and thumb or palm print impressions. The withdrawal of blood samples shall be performed by trained and certified phlebotomists, not Medical Services Bureau personnel. Blood samples will be sent to the California DNA data bank. The phlebotomists shall not be civilly or criminally liable either for drawing blood when done in accordance with medically accepted procedures.
If an inmate from another facility (i.e. Men’s Central Jail (MCJ) or Twin Towers Correctional Facility (TTCF)) is ordered by the courts to provide a blood sample and refuses, the handling facility’s sergeant shall assemble deputy personnel to place the inmate in a safety chair and transport the inmate to IRC’s phlebotomist. Refer to the Custody Division Manual (CDM) Section, 7-03/040.00 Safety Chair.
Once it is determined that the inmate is not going to provide the required DNA sample, personnel shall notify the IRC watch sergeant and watch commander.
The sergeant shall assign personnel to videotape the DNA collection, including the counseling and admonitions given to the inmate prior to the forcible DNA collection. The sergeant shall then ensure custody personnel has secured the inmate into a safety chair, assist with the transport of the inmate to the IRC phlebotomist or DNA Collections custody assistant and direct custody personnel to secure the inmate’s body. The phlebotomist will then collect DNA samples in accordance with medically accepted procedures.
After a blood sample has been obtained, the inmate will be released from the safety chair, unless the inmate’s behavior is such that it requires further use of the safety chair. The inmate shall not be kept in the safety chair for more than two (2) hours, unless exigent circumstances require the need to keep the inmate secured in the safety chair. Approval shall be obtained from the watch commander (of permanent rank of lieutenant or above) in consultation with medical staff. Refer to (CDM) Section, 7-03/040.00 Safety Chair.
A gurney may be substituted in place of the safety chair. If an IRC phlebotomist is unavailable, the watch commander shall notify Medical Services Bureau and ascertain if an on-duty MSB phlebotomist is available.
Sergeant Responsibilities
The sergeant shall perform the following:
“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.”