Police Department Policy

4-02 (Rev 5-13)_Evidentiary - Exposure Blood Draws_2774-12262019

Sacramento County Sheriff

Policy Text
CORRECTIONAL SERVICES Page 1 of 5 4/02 (REV 5/13) 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 Sample Draws A. Evidentiary blood sample draws may be requested by a law enf orcement officer or court order. B. Peace officers may obtain blood samples by force without the arrestee’s consent and without a search warrant under the following condit ions: 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 felony crime tha t has recently been committed. a. Non-consensual blood dra ws will NOT be conducted for misdemeanor offenses without a search warrant. CORRECTIONAL SERVICES Page 2 of 5 4/02 (REV 5/13) MJ/RCCC 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. 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 o r 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. 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. CORRECTIONAL SERVICES Page 3 of 5 4/02 (REV 5/13) MJ/RCCC 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. The following steps shall be ta ken if a NON-CONSENSUAL BLOOD DRAW is performed at the Main Jail or RCCC once the arrestee/prisoner has been medically cleared. 1. The arresting officer shall advise a sworn custody superviso r of the impending forced blood draw. 2. The sworn supervisor shall: a. Review the booking paperwork and determine if legal criteria exists to permit a non-consensual blood draw. b. Notify the watch commander to obtain authorization for the non-consensual blood draw. c. Notify contract personnel if t he arresting officer has not already done so. d. Assign adequate staff to saf ely complete the procedure and the procedure is videotaped. e. Confirm medical staff is p resent during the process. f. Supervise the blood draw. C. The procedure may be conduct ed in the “dress-in room” locate d in male property. If a subject is pl aced on the ground, a padded mat s hall be utilized. D. Prior to the

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