Policy Text
Policy
337Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2023/01/10, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentBiological Samples - 1Biological Samples
337.1 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.
337.2 POLICY
The Garden Grove 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.
337.3 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.
337.4 PROCEDURE
When an individual is required to provide a biological sample, a trained employee shall obtain the
sample in accordance with this policy.
337.4.1 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.
Garden Grove Police Department
Policy Manual
Biological Samples
Copyright Lexipol, LLC 2023/01/10, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentBiological Samples - 2337.5 USE OF FORCE TO OBTAIN SAMPLES
If a person refuses to cooperate with the sample collection process, officers should attempt to
identify the reason for refusal and seek voluntary compliance without resorting to using force. A
blood sample shall not be taken from known or suspected hemophiliacs or persons afflicted with
a heart condition and using an anticoagulant under the direction of a licensed physician.
Force will not be used in the collection of samples except as authorized by court order and only
with the approval of a supervisor. Methods to consider when seeking voluntary compliance include
contacting:
(a)The person's parole or probation officer when applicable.
(b)The prosecuting attorney to seek additional charges against the person for failure to
comply or to otherwise bring the refusal before a judge.
(c)The judge at the person's next court appearance.
(d)The person's attorney.
(e)A chaplain.
(f)Another custody facility with additional resources, where an arrestee can be
transferred to better facilitate sample collection.
(g)A supervisor who may be able to authorize custodial disciplinary actions to compel
compliance, if any are available.
The supervisor shall review and approve any plan to use force and be present to document the
process.
CPC § 298.1 defines "reasonable force" 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..."DNA collected through the use of reasonable force must be a
withdrawal of blood performed in a medical manner and using a California DOJ DNA Database
Blood Collection Kit.
Further, reasonable force shall be preceded by efforts to secure voluntary compliance by the
arrestee. Written authorization to use reasonable use of force granted by the on-duty supervising
officer shall include and articulate attempts to achieve voluntary compliance for DNA collection.
337.5.1 VIDEO RECORDING
A video recording should be made anytime force is used to obtain a biological sample. The
recording should document all staff participating in the process, in addition to the methods and
all force used during the collection. The recording should be part of the investigation file, if any,
or otherwise retained in accordance with the department’s records retention schedule (15 CCR
1059).
337.5.2 CELL EXTRACTIONS
If the use of force includes a cell extraction, the extraction shall be video recorded, including
audio. Video shall be directed at the cell extraction event. The video recording shall be retained
Garden Grove Police Department
Policy Manual
Biological Samples
Copyright Lexipol, LLC 2023/01/10, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentBiological Samples - 3by the Department for the length of time required by statute. Notwithstanding the use of the video
as evidence in a criminal proceeding, the tape shall be retained administratively (15 CCR 1059).
337.6 LEGAL MANDATES AND RELEVANT LAWS
California law provides for the following:
337.6.1 DOCUMENTATION RELATED TO FORCE
The Division Lieutenant or the on-duty authorized designee shall prepare prior written
authorization for the use of any force (15 CCR 1059). The written authorization shall include
information that the subject was asked to provide the requisite specimen, sample or impression
and refused, as well as the related court order authorizing the