California Code of Regulations
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 Separation
Section 1059 - DNA Collection, Use of Force
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
(b) The force shall not be used without the prior written authorization of the facility watch commander or designee 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.
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).
4. Amendment of subsection (b) filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).
Note: Authority cited: Sections 298.1, 6024 and 6030, Penal Code. Reference: Sections 298.1 and 6030, Penal Code.
