5.17 Use of Reasonable Force to Collect DNA Specimens, Samples, Impressions Pursuant to Section 1363
| Chapter | 5 |
|---|---|
| Section | 5.17 |
| Subject | Use of Reasonable Force to Collect DNA Specimens, Samples, Impressions Pursuant to Section 1363 |
| Effective Date | 12/4/2023 12:00 AM |
- Pursuant to Section 298.1 of the Penal Code and under exceptional circumstances probation sworn staff are authorized to employ reasonable force as prescribed in the Juvenile Hall Use of Force Policy to collect DNA specimens, samples, or impressions from detained youth who are required to provide such specimens, samples or impressions pursuant to Section 296 of the Penal Code and refuse following written or oral request.
- For purposes of this section, under exceptional circumstances, is defined as a specific court order requiring a blood draw or a high-profile case involving serious felony crimes.
- For the purposes of this section, the “use of reasonable force” shall be defined 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 with this section.
- Employing reasonable force to obtain collection shall not be conducted without prior written authorization of the Chief Deputy. The written authorization shall include a statement that the youth refuses to provide a sample, specimen or impression and what reasonable efforts were made to secure voluntary compliance.
- Prior to employing reasonable force, sworn staff shall make effort to obtain voluntary compliance through the use of non-force alternatives. Efforts to obtain voluntary compliance shall be documented and include an advisement of the legal obligation and consequences of refusal.
- The use of force to obtain DNA specimens, samples or impressions shall be videotaped. Videotapes of the use of force to obtain DNA specimens, samples or impressions shall be retained by the Juvenile Hall.
