Policy Text
Correctional Services P age 1 of 5 4/02 (REV 1/16)
MJ/RCCC
OPERATIONS ORDER
Evidentiary/Exposure Blood Draws
The purpose of this Order is to outline the procedures for bloo d sample draws at the
Main Jail and the Rio Cosumnes Correctional Center (RCCC).
I. Policy
Upon peace officer request Correct ional Health Services (CHS) m edical staff may
perform blood draws for certain potential communi cable disease exposures . Under
most circumstances CHS staff shall not perform evidentiary blood draws. A contracted
Phlebotomist or Nurse shall perform all evidentiary blood draws.
II. General Information
A. Sacramento County employs c ontract personnel to perform all evidentiary
blood draws.
B. At the Main Jail , contract nurses and phlebotom ists will be available on a
twenty-four hour a day, seven day a week basis to perform evide ntiary
blood draws. On-call phlebotomis t services are available for n on-
consensual blood draws.
C. At RCCC , contract personnel are availabl e on an on-call basis. Prison ers
requiring Court ordered HIV test ing will generally be transport ed to the
Main Jail .
III. Legal Requirements for Evi dentiary Blood Draws at the Main Jail or RCCC
Facilities
A. Consent - Peace officers may o btain blood samples with the a rrestee’s
consent.
B. Search Warrants - Peace offi cers may obtain blood samples wi thout the
arrestee’s consent pursuant to a search warrant.
C. Exigent Circumstances - Peace officers may obtain blood samp les without
the arrestee’s consent and withou t a search warrant under the f ollowing
conditions:
1. The blood sample is obtained in accordance with accepted med ical
practices and by a qualified person.
Correctional Services P age 2 of 5 4/02 (REV 1/16)
MJ/RCCC 2. The arrestee is lawfully under arrest for a recently committ ed crime.
3. There is a reasonable belief t he arrestee is under the influ ence of
alcohol or controlled substances.
4. A clear indication exists tha t obtaining a blood sample woul d
produce incriminating evidence.
5. There is an exigency in additi on to potential loss of eviden ce
through dissipation.
D. Searchable Probation, PRCS, o r Parole - Peace officers may o btain blood
samples without the arrestee’s consent and without a search war rant
under the following conditions:
1. The blood sample is obtained in accordance with accepted med ical
practices and by a qualified person.
2. The arrestee is lawfully under arrest for a recently committ ed crime.
3. There is a reasonable belief t he arrestee is under the influ ence of
alcohol or controlled substances.
4. A clear indication exists tha t obtaining a blood sample woul d
produce incriminating evidence.
5. The arrestee is on searchable probation, Post Release Commun ity
Supervision, or Parole.
IV. Blood Sample Evide nce Boxes and Supplies
A. The Sacramento Count y Crime Laboratory pr ovides a supply of approved
evidentiary collection materials at the Main Jail and RCCC .
B. If a peace officer requests a blood sample, he/she shall obt ain and
complete the necessary informa tion on the approved blood sample
evidence box.
C. The blood vials c ontained in the box sha ll be labeled approp riately by the
law enforcement officer witnessi ng the blood draw. The nurse or
phlebotomist conducting the blood draw shall initial the vials and evidence
box.
1. After the blood draw is comp leted, the evidence box shall be sealed
and placed into the appropriate l ocked storage container. A
storage container is available at the Main Jail .
V. Medical Considerations
A. The following steps will be tak en prior to the commencement of a NON-
CONSENSUAL BLOOD DRAW.
Correctional Services P age 3 of 5 4/02 (REV 1/16)
MJ/RCCC 1. The medical staff shall screen the arrestee to determine if the
arrestee has a medical condition , which may intensify if blood is
drawn, or if force is exercised.
2. Persons afflicted or claimi ng they have any of the following medical
conditions are not required to provide medical proof and are
exempt from a blood draw.
a. Hemophilia (hereditary blood di sorder that prevents clotting ).
b. Any other bleeding disorder. c. Any person using an anticoagu lant under the direction of a
physician or surgeon.
3. If there is any serious ques tion whether a forced blood draw will
adversely affect the arrestee’s medical condition, the blood will not
be drawn.
VI. Procedures for Evidentiary Blood Sample Draws
A. Although medical st aff will not actively participate in non- consensual blood
draws, Correctional Services m edical staff shall be present dur ing the
procedure, and shall be responsible for administering first aid in the event
of a medical emergency.
B. At the request of an arresting officer, Sacramento County de puties may
assist in the collecti on of a blood sample.
C. The following steps shall be ta ken if a NON-CONSENSUAL BLOOD
DRAW is performed at the