Policy Text
Policy
336Santa Ana Police Department
Santa Ana PD Policy Manual
Copyright Lexipol, LLC 2023/01/11, All Rights Reserved.
Published with permission by Santa Ana Police DepartmentBiological Samples - 1Biological 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 taken from those required to register,
for example, sex offenders.
336.2 POLICY
The Santa Ana Police Department will assist in the expeditious collection of required biological
samples from offenders in accordance with the state law and with using as little force as necessary.
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.
336.5 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.
Force will not be used in the collection of samples except as authorized by court order and only
Santa Ana Police Department
Santa Ana PD Policy Manual
Biological Samples
Copyright Lexipol, LLC 2023/01/11, All Rights Reserved.
Published with permission by Santa Ana Police DepartmentBiological Samples - 2with 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.
336.6 LEGAL MANDATES AND RELEVANT LAWS
California law provides for the following:
336.6.1 BLOOD SAMPLES
A blood sample should only be obtained under this policy when:
(a)The California DOJ requests a blood sample and the subject consents, or
(b)A court orders a blood sample following a refusal.
The withdrawal of blood may only be performed in a medically approved manner by health care
providers trained and qualified to draw blood. A California DOJ collection kit shall be used for this
purpose (Penal Code § 298(a); Penal Code § 298(b)(2)).
336.6.2 LITIGATION
The Chief of Police or authorized designee should notify the California DOJ’s DNA Legal Unit in
the event this department is named in a lawsuit involving the DNA Data Bank sample collection,
sample use or any aspect of the state’s DNA Data Bank Program.