298.1
. (a) On and after January 1, 1999, any person who refuses to
give any or all of the following, blood specimens, saliva samples, or
thumb or palm print impressions as required by this chapter, once he
or she has received written notice from the Department of Justice,
the Department of Corrections and Rehabilitation, any law enforcement
personnel, or officer of the court that he or she is required to
provide specimens, samples, and print impressions pursuant to this
chapter is guilty of a misdemeanor. The refusal or failure to give
any or all of the following, a blood specimen, saliva sample, or
thumb or palm print impression is punishable as a separate offense by
both a fine of five hundred dollars ($500) and imprisonment of up to
one year in a county jail, or if the person is already imprisoned in
the state prison, by sanctions for misdemeanors according to a
schedule determined by the Department of Corrections and
Rehabilitation.
(b) (1) Notwithstanding subdivision (a), authorized law
enforcement, custodial, or corrections personnel, including peace
officers as defined in Sections 830, 830.1, subdivision (d) of
Section 830.2, Sections 830.38, 830.5, or 830.55, may employ
reasonable force to collect blood specimens, saliva samples, or thumb
or palm print impressions pursuant to this chapter from individuals
who, after written or oral request, refuse to provide those
specimens, samples, or thumb or palm print impressions.
(2) The withdrawal of blood shall be performed in a medically
approved manner in accordance with the requirements of paragraph (2)
of subdivision (b) of Section 298.
(3) The use of reasonable force as provided in this subdivision
shall be carried out in a manner consistent with regulations and
guidelines adopted pursuant to subdivision (c).
(c) (1) The Department of Corrections and Rehabilitation and the
Division of Juvenile Justice shall adopt regulations governing the
use of reasonable force as provided in subdivision (b), which shall
include the following:
(A) "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 chapter.
(B) The use of reasonable force shall not be authorized without
the prior written authorization of the supervising officer 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) The use of reasonable force shall be preceded by efforts to
secure voluntary compliance with this section.
(D) If the use of reasonable force includes a cell extraction, the
regulations shall provide that the extraction be video recorded.
(2) The Corrections Standards Authority shall adopt guidelines
governing the use of reasonable force as provided in subdivision (b)
for local detention facilities, which shall include the following:
(A) "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 chapter.
(B) The use of reasonable force shall not be authorized without
the prior written authorization of the supervising officer 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) The use of reasonable force shall be preceded by efforts to
secure voluntary compliance with this section.
(D) If the use of reasonable force includes a cell extraction, the
extraction shall be video recorded.
(3) The Department of Corrections and Rehabilitation, the Division
of Juvenile Justice, and the Corrections Standards Authority shall
report to the Legislature not later than January 1, 2005, on the use
of reasonable force pursuant to this section. The report shall
include, but is not limited to, the number of refusals, the number of
incidents of the use of reasonable force under this section, the
type of force used, the efforts undertaken to obtain voluntary
compliance, if any, and whether any medical attention was needed by
the prisoner or personnel as a result of force being used.