Biological Samples

Question 1

What is the purpose of this policy?

Answer 1

To provide guidelines for the collection of biological samples from individuals required to provide samples upon conviction or arrest for certain offenses.

Question 2

What types of biological samples does this policy not apply to?

Answer 2

Samples collected at a crime scene, samples from individuals in a criminal investigation, and samples from those required to register, such as sex offenders.

Question 3

What does the Stockton Police Department aim to do regarding biological sample collection?

Answer 3

Assist in the expeditious collection of required biological samples from offenders with minimal reliance on force.

Question 4

Who is required to submit a biological sample according to Penal Code § 296?

Answer 4

• A person upon conviction or adjudication of any felony offense
• A person with a prior felony on record upon conviction or adjudication of any offense
• An adult arrested or charged with any felony.

Question 5

What is the first step an officer should take when collecting a biological sample?

Answer 5

Verify that the individual is required to provide a sample pursuant to Penal Code § 296; Penal Code § 296.1.

Question 6

What should be checked before collecting a biological sample?

Answer 6

Verify that a biological sample has not been previously collected from the offender.

Question 7

What kit is used for DNA sample collection?

Answer 7

A DNA buccal swab collection kit provided by the California DOJ.

Question 8

What are the responsibilities of the Evidence/Identification Section?

Answer 8

• Collect samples from the boxes
• Confirm all required information in the kit is completed correctly
• Ensure kits are sealed and mail them to the appropriate DOJ facility.
• Keep the kits stocked and order more as needed.

Question 9

What should officers do if a person refuses to cooperate with sample collection?

Answer 9

Attempt to identify the reason for refusal and seek voluntary compliance without using force.

Question 10

True or False: Force can be used at any time during the sample collection process.

Answer 10

False.

Question 11

When is video recording required during the sample collection process?

Answer 11

Anytime force is used to obtain a biological sample.

Question 12

What must be included in the written authorization for the use of force?

Answer 12

• Information that the subject was asked to provide the specimen and refused
• Any related court order authorizing the force, if applicable.

Question 13

Under what conditions can a blood sample be obtained according to this policy?

Answer 13

• When the California DOJ requests a blood sample and the subject consents
• A court orders a blood sample following a refusal.

Question 14

Who should notify the California DOJ’s DNA Legal Unit in the event of a lawsuit involving the DNA Data Bank?

Answer 14

The Chief of Police or authorized designee.

Question 15

Fill in the blank: The withdrawal of blood may only be performed in a _______ manner by trained and qualified health care providers.

Answer 15

medically approved

Question 16

What should be retained according to the department’s records retention schedule?

Answer 16

Video recordings made during the use of force for sample collection.