DNA-TEST G-140 FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA TESTING PER PC 296 NO: G-140
FILE: DNA-TEST
EFFECTIVE DATE: 12-25-94 REVISED: 06-06-96, 11-01-97, 01-01-00, 11-01-02
AUTHORITY: Sheriff J. Zanoni APPROVED BY: Captain D. Papagni
REFERENCE: Penal Code Sections 290, 295, 296, 296.1, 298 and 298.1.
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 and Forensic Identification Data Base and Data Bank Act of 1998. Individuals
who have been convicted of sex offenses and other violent crimes will be identified for
testing prior to release from the Fresno County Detention Facilities.
POLICY:
It is the policy of the Fresno County Sheriffs Department Detention Bureau to obtain two
specimens of blood, a saliva sample, right thumbprints, and a full palm print impression of
each hand from every offender convicted of a crime as delineated in Section 296 of the
Penal Code, who will serve their entire term of confinement in the county jail.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that the saliva
sample and blood specimens shall be obtained by a licensed medical practitioner as
required by law. The drawing of the specimens and samples shall be contracted to a
service provider under the terms of the negotiated contract.
PROCEDURES:
I. CHARGES REQUIRING DNA TESTING
Prior to release, any person who is convicted of any of the following crimes,
or is found not guilty by reason of insanity shall be required to provide two
specimens of blood, a saliva sample, right thumbprints, and a full palm print
impression of each hand:
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA TESTING PER PC 296 NO: G-140
FILE: DNA-TEST
A. Any person who is required to register under Section 290 of the Penal
Code as a sex offender or because of the commission of, or the
attempt to commit, a felony offense specified in Section 290 (includes
all persons convicted of such crimes since July 1, 1944):
1. Any person convicted of a violation of Section 207 or 209
committed with intent to violate Section 261, 286, 288, 288a,or
289
2. Section 220, except assault to commit mayhem
3. Section 243.4
4. PC 261 subdivision (a), paragraphs (1), (2), (3), (4), and (6)
5. PC 262(a)(1) involving the use of force or violence for which
the person is sentenced to the state prison
6. Section 264.1, 266, 266c, 266h(b), 266i(b), 266j, 267, 269,
285, 286, 288, 288a, 288.5, or 289
7. Section 311.2, subdivision (b), (c), or(d), 311.3, 311.4, 311.10,
311.11
8. Section 647.6 (former 647a) or 653f(c)
9. PC 314, subdivisions 1 or 2. (Note: PC 314 is a misdemeanor
but can be charged as a felony upon a second conviction of PC
314 or after a previous conviction under PC 288)
10. Any offense involving lewd and lascivious conduct under
Section 272
11. Any felony violation of Section 288.2
12. Any person required to register as a sex offender for any
offense, if the court found at the time of conviction or
sentencing that the person committed the offense as a result of
sexual compulsion or for purposes of sexual gratification.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA TESTING PER PC 296 NO: G-140
FILE: DNA-TEST
B. Any person convicted of murder in violation of Section 187, 190 or
190.05, or any degree of murder as set forth in Sections 187 through
199 of the Penal Code, or any attempt to commit murder.
C. Voluntary manslaughter in violation of Section 192 or an attempt to
commit voluntary manslaughter.
D. Felony spousal abuse in violation of Section 273.5.
E. Aggravated sexual assault of a child in violation of Section 269.
F. A felony offense of assault or battery in violation of Section 217.1,
220, 241.1, 243, 243.1, 243.3, 243.4, 243.7, 244, 245, 245.2, 245.3,
or 245.5.
G. Kidnapping in violation of 207 (a) through (e), inclusive; or section
2087 2097 209.5, or 210, or an attempt to commit any of these
offenses.
H. Mayhem in violation of Section 203 or aggravated mayhem in violation
of Section 205, or an attempt to commit either of these offenses.
I. Torture in violation of Section 206 or an attempt to commit torture.
J. Burglary as defined in subdivision (a) of Section 460, or an attempt to
commit this offense.
K. Robbery as defined in subdivision (a) or (b) of Section 212.5 or an
attempt to commit either of these offenses.
L. Arson in violation of subdivision (a)or(b)of Section 451 or an attempt
to commit either of these offenses.
M. Carjacking in violation of Section 215 or an attempt to commit this
offense.
N. Terrorist activity in violation of Section 11418 or 11419, or a felony
violation of Section 11418.5, or an attempt to commit any of these
offenses.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA TESTING PER PC 296 NO: G-140
FILE: DNA-TEST
II. RECORDS SUPERVISOR'S RESPONSIBILITIES
A. It is the responsibility of the Records Supervisor to ensure that
whenever a commitment is received at the Jail Records Office that
sentences an inmate to local time on any of the charges listed in
Section I, that the following be performed-
1. A PC 296 Data Collection Form shall be completed and placed
in the DNA bin.
2. A JDNA event shall be initiated for the inmate. The date shall
be set for 090909 and the time for 0909.
B. Whenever a minute order is received sentencing an inmate to prison
time on any of the charges listed in Section I, a JDNA event should be
initiated, utilizing the procedure as above.
III. PROCEDURE TO COLLECT SAMPLES
A. The Watch II Records Supervisor shall ensure the following-
1. On Wednesday mornings, a JDNA list shall be printed. The
PC 296 Program staff will be responsible to pick up the list.
2. On Saturday mornings, an updated JDNA list shall be printed.
The PC 296 Program staff will obtain the document, along with
the completed PC 296 Data Collection Forms and report to the
Main Jail 2nd floor.
B. The Main Jail 2nd Floor Officer shall be responsible to create the nags
to send the required inmates to the Main Jail 2nd floor. (Inmates
housed at the Satellite Facility shall be processed at the Satellite Jail.)
The 2nd Floor Officer shall be responsible to-
1. Retrieve the JDNA events
2. Type a Y in the NOTIFY field
3. Make an entry in the REMARKS section, specifying where and
when the inmate should be sent (e.g., send to MJ 2nd floor at
8.30)
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: DNA TESTING PER PC 296 NO: G-140
FILE: DNA-TEST
C. If the inmate complies with the PC 296 Program staff, the JDNA event
will be completed by a Housing Officer when the inmate returns to
their housing unit.
D. If the inmate refuses to cooperate with the PC 296 Program staff, the
Main Jail 2nd Floor Officer shall recreate a new JDNA event (090909
at 0909 hours). The inmate will be provided three opportunities to
cooperate. If the inmate continues to fail to cooperate, the PC 296
Program staff shall be responsible to inform the court of the inmate's
non-compliance.
E. If an inmate is to be released and an open JDNA event is located, the
inmate shall be processed for release as usual. The inmate's release
shall not be delayed. The only exception shall be on Saturday
mornings, when the inmate may be held until the PC 296 Program
staff arrives to process the inmates.
1. A PC 296 Data Collection Form shall be completed and FAXed
to the Probation Testing Center at 455-2432.
2. A "PC 296 Reporting Requirements" form shall be completed
and signed by the inmate.
a. The inmate shall be provided with the bottom half of the
form.
b. The original top portion of the form may be discarded. (It
is not necessary to scan or retain the form.)
F. The specimens, samples, and print impressions collected pursuant to
this policy are forwarded by the PC 296 Program staff to the Department
of Justice for analysis and categorizing of blood groupings. The DNA
and other genetic typing information is then filed with the offender's file
maintained by the Sex Registration Unit of the Department of Justice.
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