Collection of DNA Specimens
TITLE 15, CALIFORNIA CODE OF REGULATIONS
DIVISION 4, CHAPTER 1, ARTICLE 7
Collection of DNA Specimens
Adopt Sections: 4141 and 4141.1
4141. Collection of DNA Specimens
- (a) The Department shall provide written notice to all wards that the DNA and Forensic Identification Database and Data Bank Act of 1998 (Part 1, Title 9, Chapter 6, Articles 1 through 7, §§ 295 et seq., of the Penal Code), requires that all wards and parolees under the jurisdiction of the Department after having been convicted of, found guilty of, having pled guilty or no contest to, or having been found not guilty by reason of insanity for, any felony offense, or whose records indicate a prior conviction for such an offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense, shall provide all of the following required specimens, to be submitted to the Department of Justice (DOJ) as soon as administratively practicable:
- (1) One Buccal Swab Sample .
- (2) Two Right Thumb Print Impressions.
- (3) Full Right and Left Full Palm Print Impressions.
- (b) All wards under the jurisdiction of the Department shall provide the listed specimens, samples, and impressions at the sites designated by the Department.
- (c) The collection of specimens, samples, and impressions will take place within five working days of arrival at a reception center clinic and/or intake site.
- (d) Specimens, samples, and impressions shall also be obtained under the following circumstances:
- (1) When a ward or parolee is transferred or paroled from another state and accepted into California under any of the interstate compacts, an agreement to provide these specimens shall be made a condition of acceptance for supervision in this state.
- (2) When notification is received from the DOJ that a ward's or parolee's specimens already taken for any purpose are not usable for any reason;
- (3) When parolees are returned to custody after a furlough or any other type of release or because of a violation of parole;
- (4) When a ward is placed in a Youth Authority facility for any of the following reasons:
- (A) County referral,
- (B) Diagnostic referral,
- (C) Emergency housing, or
- (D) Any other referral agreement with a county or federal agency.
- (e) The listed specimens, samples, and impressions will not be taken if it is verified that the DNA forensic identification is retained by the DOJ. Verification shall be confirmed using one or more of the following sources:
- (1) the ward's master file, and/or
- (2) the Ward Information Network, and/or
- (3) the DOJ DNA Database.
- (f) Parolees shall provide the required specimens, samples, and impressions at a location designated by the Regional parole unit within five calendar days after reporting to the supervising unit.
- (g) The specimens, samples, and impressions shall be collected only by designated medical, custody, or parole staff and/or local law enforcement using a DOJ approved collection kit in accordance with the requirements and procedures set forth by the DOJ, and forwarded to the DOJ as soon as administratively practicable.
- (h) Only medical staff trained and certified to draw blood shall draw blood. Blood samples shall be drawn in accordance with medical standards.
- (i) Any ward or parolee refusing to give any or all of the specimens, samples, or impressions after he or she has received written notice that he or she is required to provide specimens, samples, and impressions, is guilty of a misdemeanor and shall also be subject to sanctions pursuant to the Disciplinary Decision-Making System (DDMS). Such refusal is a serious misconduct offense under the DDMS and is an offense reportable to the Youth Authority Administrative Committee and the Youth Authority Board.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 295, 295.1, 296, 296.1, 298, 298.1; Part 1, Title 9, Chapter 6, Articles 1 through 7, Penal Code ; Proposition 69 (2004).
Section 4141.1. Use of Force When Collecting DNA Specimens
- (a) The term "use of reasonable force" is defined as the force that an objective, trained and competent correctional employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with the requirements of the DNA and Forensic Identification Database and Data Bank Act of 1998.
- (b) The use of reasonable force shall not be authorized without the prior written authorization from the Superintendent or designee. The authorization shall include information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression as required by law, and that he or she refused to do so.
- (c) The use of reasonable force shall be preceded by efforts to secure voluntary compliance.
- (d) If the use of reasonable force to obtain DNA includes a room extraction, the extraction shall be videotaped. The videotaping shall depict all personnel directly involved and the advisement to the ward that the requisite specimen, sample or impression is required. All incidents requiring the use of reasonable force to obtain DNA samples shall be tracked and maintained by the Chief of Security and forwarded to the Superintendent and Deputy Director, Institutions and Camps Branch.
- (e) If the use of reasonable force is required in the collection of the required specimen, samples and impressions, a blood sample will be collected.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code and Section 298.1 Penal Code. Reference: Section 295, and 298.1, Penal Code: