DNA TEST - PROP 69 G-145 FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
EFFECTIVE DATE: 12-17-07 REVISED:
AUTHORITY: Sheriff M. Mims APPROVED BY: Captain M. Weldon
REFERENCE: Penal Code Sections 290, 295, 296, 296.1, 298.1 and 457.1; DOJ
Information Bulletin 04-BFS-03 dated 03-15-05 [Proposition 69— DNA
Fingerprint, Unsolved Crime & Innocence Protection Act, effective
November 3, 2004]; Boulineau v. Donald (11t" Circuit Court of Appeals
No. 03-16527); and California Code of Regulations, Title 15, Section
1059.
PURPOSE:
The purpose of this policy is to establish procedures and guidelines for the collection of
deoxyribonucleic acid (DNA) and forensic identification data bank samples in accordance
with the DNA Fingerprint, Unsolved Crime and Innocence Protection Act.
POLICY:
It is the policy of the Fresno County Sheriffs Department Detention Bureau to obtain buccal
swab samples, right thumbprints, and a full palm print impression of each hand and blood
specimens or other biological samples required from qualified offenders pursuant to Section
296 of the California Penal Code.
It is the policy of the Fresno County Sheriffs Department to ensure that the requisite
samples, specimens, and print impressions must be collected promptly or as soon as
administratively practicable after arrest(e.g., during booking), conviction or adjudication,and
in any event prior to release on bail or any physical release from confinement or custody.
PROCEDURES:
I. PERSONS REQUIRING DNA TESTING
The following persons shall provide buccal swab samples (from the inner
cheek cells of the mouth), right thumbprints, and a full palm print impression
from each hand, and any blood specimens or other biological samples
required pursuant to PC 296:
A. Any adult arrested on or after November 3, 2004 for murder (PC187),
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
voluntary manslaughter (PC192(a)), a felony sex offense (specified in
PC 290), or attempt to do any of those crimes.
1. The arrestee provision is not retroactive
2. Criminal history and/or prior felony convictions do not matter
3. Collection shall be made immediately following arrest, during
booking or "as soon as practicable"
4. Effective January 1, 2009, all adults arrested for any felony offense
shall require DNA sampling
B. Registered PC 290 Sex Offenders and PC 457.1 Arson Offenders
1. The requirement is fully retroactive
2. The underlying crime could be a felony or misdemeanor offense
3. Collection should normally take place during annual registration,or
within ten (10) days of notification
C. Anyone in custody who is currently convicted of any felony offense (or
pleads guilty, no contest, or found guilty by reason of insanity). Or
anyone currently convicted of a misdemeanor/infraction offense, who
has a prior felony conviction.
1. Collection should be done immediately following conviction (i.e.,
plea or verdict). Prior to final disposition or sentencing in the case,
the court shall inquire and verify that the required specimens have
been obtained.
2. Applies whether the person is in-custody or out-of-custody(as long
as the individual is under any government or criminal justice system
control or supervision with respect to that offense). Persons out-of-
custody must appear for collection within five (5) days of notice.
D. Anyone who is housed in a mental health facility or sex offender
treatment program after referral to such facility/program by a court after
being charged with any felony offense.
1. This includes persons found incompetent to stand trial under Penal
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
Code Section 1368, those committed to a state hospital upon a
finding of not guilty by reason of insanity, and those classified as
mentally disordered sex offenders.
E. Anyone as part of a plea agreement or by order of the Court.
F. Any person on probation, parole or any other supervised release after
conviction for any felony offense committed prior to November 3, 2004.
Or any person currently on probation (or any other supervised release)
for any offense with a prior felony conviction.
II. IDENTIFICATION OF QUALIFYING STATUS
A. Inmates who have been arrested on a qualifying offense (e.g., PC 187,
PC 192(a), or any felony sex offense specified in PC 290) shall have
their DNA collected at the time of booking, or as soon as practicable.
The Identification Technician (ID Tech) assigned to booking shall be
responsible to-
1. Confirm the subject's identity
2. Collect the DNA samples
3. Update the inmate's DNA field on the Person Summary (Person/
Demographics/DNA/Attributes/New; Attribute = DNA; Value = ON
FILE).
B. If the sample was obtained from the arresting agency before the arrestee
was brought to the jail, that information must be relayed to the Jail
Identification Bureau staff to avoid duplication of collection.
1. The arresting agency shall make a notation in the "Identification
Bureau Use Only" portion of the arrest tag (J-2 form), indicating the
collection has been obtained (or was not collected because DOJ
already had a sample on file).
2. The ID Tech assigned to booking shall be responsible to update the
inmate's DNA field on the Person Summary (Person/
Demographics/DNA/Attributes/New; Attribute = DNA; Value = ON
FILE).
C. The Population Management Unit will be responsible to review the
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
criminal history of all inmates who are to remain in custody. The
Population Management Officer shall determine if the inmate has any
past felony convictions and check to see if there is a notation that DNA
has already been collected (or whether anew sample is needed). The
Population Management Officer shall be responsible to-
1. Update the inmate's DNA field on the Person Summary as
necessary (Person/Demographics/DNA/Attributes/New;Attribute =
DNA; Value = [as applicable]).
VALUE TRANSLATION
DNA sample needs to be collected (e.g., PC 290,
Needs Collection 457.1 registrant; felony convictions; or otherwise
qualifies.)
A blood sample is required (if the inmate's previous
Needs Collection -Blood DNA collection failed to generate a full DNA profile,
the DOJ requires a blood sample)
On File DNA sample has already been collected by the
Sheriff's Department
On File/Other Is listed on the Criminal History that DNA sample has
already been collected (i.e., by another agency)
2. If the inmate has a prior felony conviction, update the ALERTS
screen.
a. From the Person Summary screen, click on ALERTS. Create
a new Alert by clicking on the "New" (white sheet) icon on the
top of the screen.
b. Click on the arrow next to the the ACTIVE field and select Y.
c. ALERT TYPE = Prior Felony Conviction
d. SOURCE = Internal. Select Prison Management.
e. DATE FROM = click inside the field and press ENTER. The
field will automatically default to the current date.
f. Save the information by clicking on the "Save" (floppy disk)
icon on the top of the screen.
D. Records staff shall review all court paperwork for possible DNA
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
collection. It shall be the Records Supervisor's responsibility to ensure
the following-
1. If a court order is received requiring DNA collection, update the
inmate's DNA field on the Person Summary (Person/
Demographics/DNA/Attributes/New; Attribute = DNA; Value =
NEEDS COLLECTION) and forward a copy of the court order to the
Jail Identification Bureau.
2. If the inmate has been convicted and the charge is a felony, the
inmate automatically qualifies for DNA collection requirements.
a. Update the inmate's DNA field on the Person Summary as
necessary (Person/Demographics/DNA/Attributes/New;
Attribute = DNA; Value = NEEDS COLLECTION).
b. NOTE: If the current charge has been reduced to a
misdemeanor, it is imperative that the level be modified to
reflect the change so that an inmate does not unnecessarily
have their DNA tested. [Booking/Booking Management/
Charges. Select the charge to be modified; click on "Edit"(the
red pencil icon); change the CLASS field as appropriate.]
Follow the procedures under II(E)(3) as follows:
3. If the inmate has been convicted and the charge is a
misdemeanor or infraction:
a. Retrieve the inmate's Person Summary screen
b. Review the DNA field for any prior entries. If there is an entry,
no action is required. If the field is blank, then-
C. Review the ALERTS field for notification of a "prior felony
conviction". If the inmate has a prior felony conviction,
modify the DNA field to "Needs Collection". If the inmate
does not have a prior felony conviction listed, no action is
necessary.
4. If paperwork is received releasing an inmate from custody (i.e.,
sentenced and released):
a. If the charge is a felony, review the inmate's Person
Summary for prior DNA collection. If DNA has not been
previously taken, notify the Jail Identification Bureau that the
inmate needs to be reviewed for priority processing.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
b. If the charge is a misdemeanor or infraction, review the
inmate's Person Summary for prior DNA collection and for
Prior Felony Conviction Alerts. If the inmate has not had DNA
previously collected and has a prior felony, the inmate needs
to have a DNA sample collected prior to release. Notify the
Jail Identification Bureau.
C. The delay in the inmate's release should not exceed two (2)
hours.
III. CONFIRMATION OF SUBJECT'S IDENTITY
A. A list of the names of all offenders needing to comply with DNA
collection requirements shall be printed in the Jail Identification Bureau's
Office each morning (Reports/Reports/Fresno Reports/Jail Records/DNA
Report [fill in applicable date parameters; Bank Account Number = 1]).
B. The Jail Identification Bureau shall have the exclusive responsibility for
verifying an offender's identity and status as a person qualifying for DNA
collection prior to collection. The collection kits include a card requiring
collecting personnel to certify the identity of the person providing the
DNA sample, as well as the fact that the person's offense, conviction,
adjudication, or other status qualifies him/her for DNA collection.
C. The inmate's state and county custody documentation and criminal
history shall be reviewed to ensure that DNA samples and print
impressions are not already in DOJ's possession.
1. A sample shall not be collected if the CII criminal history indicates
that a collection has already occurred.
2. The DOJ's DNA Data Bank Program staff may be contacted if
questions arise concerning an inmate's collection status or if the
criminal history is questionable or unavailable.
a. Telephone (510) 620-3300 (Monday through Friday,8.00 a.m.
— 5.00 p.m.). To be used for seven (7) or fewer queries.
b. Email - pc296.pc296(cD_do0.ca.gov (24-hour turn-around)
C. FAX — (510) 231-8744 (24-hour turn-around)
D. The Jail Identification Bureau shall be responsible for obtaining the
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
collection of samples.
1. In order to avoid redundant DNA collection from the same subject,
the collection kits shall be promptly submitted to DOJ. (The "do
not collect" flag will be entered on the inmate's CII criminal history
within one week of receipt of the collection kit at the Richmond DNA
Lab.)
2. Update the inmate's DNA field on the Person Summary (Person/
Demographics/DNA/Attributes/New; Attribute = DNA; Value = ON
FILE).
IV. COLLECTION MECHANICS
A. Samples, specimens, and print impressions must be collected using
DOJ-approved collection kits, and in accordance with DOJ's instructions.
B. The preferred, but not required, method of palm print submissions is
electronic transmissions via a Live Scan device.
C. The withdrawal of blood, when requested by DOJ, must be done in a
medically-approved manner by trained and certified health care
providers.
D. The DOJ DNA Laboratory will require collection of blood specimens
where buccal swab is insufficient.
E. Reasonable force may be used to collect DNA samples and specimens
from a qualifying offender who refuses to cooperate. There is no need
for a court order.
V. REFUSAL TO PROVIDE A SAMPLE
A. If an inmate refuses to submit a DNA sample, an officer shall fill out a
"Penal Code Section 298.1 Admonishment Form".
1. The officer shall read the admonishment section to the inmate,
obtain the inmate's signature, sign the form and obtain the Facility
Sergeant's signature.
2. If the inmate refuses to sign the form, two officers shall sign the
form as witnesses to the inmate's refusal.
3. The Facility Sergeant shall notify the Watch Commander.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
B. The Watch Commander will order that a deputy complete an arrest
report and submit an additional charge of PC 298.1 (a misdemeanor).
C. Pursuant to Penal Code Section 298.1, authorized law enforcement,
custodial, or corrections personnel may employ reasonable force to
collect blood specimens, saliva samples, or thumb or palm print
impressions from individuals who are required to provide such samples,
specimens or impressions pursuant to Penal Code Section 296 and
who refuse following written or oral request.
1. Reasonable force shall not be used without the prior authorization
of the Watch Commander.
2. The "use of reasonable force" shall be 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.
3. The use of reasonable force shall be preceded by efforts to secure
voluntary compliance with Section 298.1 of the Penal Code.
4. There is no need for a court order.
5. All DNA collections involving a cell extraction and/or use of force
shall be videotaped via handheld video camera, including audio.
The entire event shall be videotaped and the tape shall be
forwarded and stored in the Detention Bureau's Administrative
Office.
D. The Pro-Straint Chair should be utilized to restrain the inmate while the
samples are obtained. The Pro-Straint Chair placement shall be
accomplished in adherence to policy (D-236/Pro-Straint Restraining
Chair).
E. For safety reasons, a DNA standard kit (blood) should be used for a
forced DNA sample.
F. Incident reports shall be written, as applicable.
G. Within 10 days of the use of reasonable force, the Watch Commander
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
shall send a Data Collection report to the Corrections Standards
Authority. The report shall document the inmate's refusal to voluntarily
submit the requisite specimen, sample or impression; the use of
reasonable force to obtain the specimen, sample or impression, if any;
the type of force used; the efforts undertaken to obtain voluntary
compliance; and whether medical attention was needed by the prisoner
or other person as a result of reasonable force being used.
1. A refusal, for reporting purposes, may be passive or aggressive
and may or may not lead to the use of force.
2. An initial refusal in which voluntary compliance is subsequently
attained is not considered a refusal for reporting purposes.
H. The Watch Commander shall ensure that a designated employee update
the inmate's DNA field on the Person Summary (Person/
Demographics/DNA/Attributes/New;Attribute = DNA; Value=ON FILE).
VI. SUBMISSION OF SPECIMENS AND PRINT IMPRESSIONS
The Identification Technology Unit shall be responsible to properly package,
label and mail the collected samples. (The Buccal DNA Collection kits do not
need to be refrigerated.)
The Buccal DNA Collection Kit will be mailed to:
State of California
Department of Justice
DNA Data Bank Program
1001 W. Cutting Blvd., Suite 110
Richmond, CA 94804-2028
VI I. EXPUNGEMENT PROCEDURES
A. A person who has provided a DNA sample under Proposition 69 may
request that his/her blood or buccal specimen be destroyed and
corresponding profile expunged from searchable databases if any of the
following circumstances exist (and the person has no other qualifying
offense of record)-
1. A DNA sample was collected upon the person's arrest, but
a. no charges were filed within the applicable statute of
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JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA DATABANK COLLECTION NO: G-145
FILE: DNA TEST — PROP 69
limitations
b. the person was found not guilty or otherwise acquitted of the
charges
c. the conviction was subsequently reversed and the case
dismissed
d. a court subsequently found the person to be factually innocent
of that crime
2. A DNA sample for a suspect was profiled and entered into the
Database, but the person is no longer considered a suspect by the
investigating agency.
B. Any person wishing to expunge their DNA shall be referred to the District
Attorney's Office.
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