Policy Text
Policy Delano Police Department
336 Delano PD Policy Manual
Biological Samples
336.1 PURPOSE AND SCOPE
This policy provides guidelines for the collection of biological samples from those individuals
required to provide samples upon conviction or arrest for certain offenses. This policy does not
apply to biological samples collected at a crime scene or taken from a person in conjunction with
a criminal investigation. Nor does it apply to biological samples from those required to register,
for example, sex offenders.
336.2 POLICY
The Delano Police Department will assist in the expeditious collection of required biological
samples from offenders in accordance with the laws of this state and with as little reliance on
force as practicable.
336.3 PERSONS SUBJECT TO DNA COLLECTION
Those who must submit a biological sample include (Penal Code § 296):
(a) A person, including a juvenile, upon conviction or other adjudication of any felony
offense.
(b) A person, including a juvenile, upon conviction or other adjudication of any offense if
the person has a prior felony on record.
(c) An adult arrested or charged with any felony.
336.4 PROCEDURE
When an individual is required to provide a biological sample, a trained employee shall obtain the
sample in accordance with this policy.
336.4.1 COLLECTION
The following steps should be taken to collect a sample:
(a) Verify that the individual is required to provide a sample pursuant to Penal Code §
296; Penal Code § 296.1.
(b) Verify that a biological sample has not been previously collected from the offender
by querying the individual’s criminal history record for a DNA collection flag or, during
regular business hours, calling the California Department of Justice (DOJ) designated
DNA laboratory. There is no need to obtain a biological sample if one has been
previously obtained.
(c) Use a DNA buccal swab collection kit provided by the California DOJ to perform the
collection and take steps to avoid cross contamination.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Biological Samples - 1
Published with permission by Delano Police Department