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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 M. Mims 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: Page 1 of 5 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. Page 2 of 5 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. Page 3 of 5 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) Page 4 of 5 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. Page 5 of 5