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§ 1059. DNA Collection, Use of Force.


Barclays Official California Code of Regulations Currentness
Title 15. Crime Prevention and Corrections
Division 1. Board of State and Community Corrections
Chapter 1. Board of State and Community Corrections
Subchapter 4. Minimum Standards for Local Detention Facilities
Article 5. Classification and Segregation
15 CCR § 1059
§ 1059. DNA Collection, Use of Force.
(a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request.
(1) For the purpose of this regulation, 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 regulation.
(2) The use of reasonable force shall be preceded by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal.
(b) The force shall not be used without the prior written authorization of the facility watch commander on duty. The authorization shall include information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused.
(c) If the use of reasonable force includes a cell extraction, the extraction shall be videotaped, including audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively.
Note: Authority cited: Sections 298.1, 6024 and 6030, Penal Code. Reference: Sections 298.1 and 6030, Penal Code.
1. New section filed 11-5-2004; operative 12-5-2004 (Register 2004, No. 45).
2. Repealer of former subsection (b)(2) and redesignation of former subsection (b)(1) as subsection (c) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
3. Amendment of subsection (b) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
This database is current through 1/7/22 Register 2022, No. 1
15 CCR § 1059, 15 CA ADC § 1059
End of Document