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Policy 519Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2025/04/15, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Biological Samples - 1Biological Samples 519.1 PURPOSE AND SCOPE This policy provides guidelines for the collection of biological samples from those incarcerated persons required to provide samples upon conviction and/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 collected from those required to register, for example, as sex offenders. 519.2 POLICY The Santa Ana Police Department will assist in the expeditious collection of required biological samples from arrestees and offenders in accordance with the laws of this state and with as little reliance on force as practicable. 519.3 PERSONS SUBJECT TO BIOLOGICAL SAMPLE COLLECTION Incarcerated persons must submit a biological sample (Penal Code § 296: Penal Code § 296.1): (a)Upon conviction or other adjudication of any felony offense. (b)Upon conviction or other adjudication of any offense if the person has a prior felony on record. (c)When arrested or charged with any felony. 519.4 PROCEDURE When an incarcerated person is required to provide a biological sample, a trained employee shall attempt to obtain the sample in accordance with this policy. 519.4.1 COLLECTION The following steps should be taken to collect a sample: (a)Verify that the incarcerated person is required to provide a sample pursuant to Penal Code § 296 and 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, or the Orange County District Attorney's database Scilas to determine if the arrestee has submitted a DNA sample. (c)Use the designated collection kit provided by the California DOJ to perform the collection and take steps to avoid cross contamination. (d)Custody personnel are responsible for the DNA collection. 519.5 CALCULATED USE OF FORCE TO OBTAIN SAMPLES If an incarcerated person refuses to cooperate with the sample collection process, correctional officers should attempt to identify the reason for refusal and seek voluntary compliance without Santa Ana Police Department Custody Manual Biological Samples Copyright Lexipol, LLC 2025/04/15, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Biological Samples - 2resorting to using force. Force will not be used in the collection of samples except as authorized by court order or approval of legal counsel and only with the approval of the Watch Commander. The Watch Commander shall review and approve any calculated use of force. The Shift Supervisor shall be present to supervise and document the calculated use of force. 519.5.1 VIDEO RECORDING A video recording should be made any time 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 established records retention schedule. If the use of force includes a cell extraction, the extraction shall also be video recorded, including audio. The video recording shall be retained by the facility in accordance with established records retention schedules. Notwithstanding the use of the video as evidence in a criminal proceeding, the video shall be retained by jail administration (15 CCR 1059). 519.6 LEGAL MANDATES AND RELEVANT LAWS California law provides for the following: 519.6.1 DOCUMENTATION RELATED TO FORCE The Watch Commander or the authorized designee on-duty 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 sample and refused, as well as any related court order authorizing the force. 519.6.2 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. 519.6.3 STATE MANDATES Correctional officers shall document their efforts to secure voluntary compliance and include an advisement of the legal obligation to provide the requisite specimen, sample, or impression, and the consequences of refusal (15 CCR 1059).