B.05.02 DNA Bodily Samples

Instruction Standard

To enable Police to collect DNA bodily samples from persons convicted of an offence and detained under sentence of imprisonment or detained on remand.

Performance Standard

The following Standards and Procedures have been developed in consultation with the NZ Police to facilitate the taking of samples from the increased number of prisoners who will now be subject to compulsory DNA testing:

• Prison sites will have a liaison person as the first point of contact for Police to arrange the collection of DNA samples.  Police will provide the liaison person with a list of prisoners required to provide a sample and will confirm the names of those from whom a sample will be taken a day prior to the sampling date.  The liaison person will arrange a suitable time for sample provision.
• Sampling is to take place at the prison site in a facility that provides privacy and security.
• Police will serve the required notice on a prisoner with a Corrections Officer as witness.  Police will request the Corrections Officer to sign a statement form as witness to the event "Prison Officer (Witness to Service of DNA Documents)". (The Police forms use the term "Prison Officer", as that is the term used in the legislation).
• There must be a clear 14-day period between the service of the notice and the taking of the DNA sample.  A prisoner may give a sample within the 14-day period (i.e. on the day of being served with the notice).  In this situation the prisoner will be required by the Police to sign a form "Prisoner’s Waiver of 14 Days Notice (Prisoner’s Consent to give DNA Sample Earlier)".
• Any agreement between the prisoner and the police to vary the date and/or place for the taking of a DNA sample (including an agreement to take the sample within the 14-day period referred to above) must be approved by the Prison Manager or a person authorised by the Prison Manager to give this approval.  (This does not require any formal delegation/authorisation process, but the Prison Manager should keep a written record of who he/she authorises to give these approvals).  The Prison Manager or person authorised by the Prison Manager will be requested by the police to sign a form "Prison Manager’s Approval (Approval of Agreement between Prisoner and Police to vary the date and/or place for the taking of a Bodily Sample)".
• The liaison person is responsible for contacting the Police if a prisoner requests a Databank Compulsion Notice Hearing.
• A prisoner may elect to have a suitably qualified person take a buccal sample rather than taking it themselves and must inform the liaison person of their election.  The liaison person is responsible for informing the Police of the prisoner’s election and the Police will then make the arrangements for the sample collection
• A prisoner providing a sample must be identified by his/her IOMS photo as well as 'face-to-name' by the accompanying Corrections Officer.
• The Corrections Officer who identifies the prisoner and witnesses the sample being obtained by the Police is to be completed and sign a form "Prison Officer Statement (Witness to DNA Sample being Obtained)".

Use of force to obtain DNA Sample

• Any use of force by Corrections Officers in this situation must only be following a request made by a member of the police; under no circumstances should Corrections Officers initiate the use of force.
• The role of Corrections Officers is only to use force to aid a member of the police (on request) to assist a suitably qualified person to take a sample.  This means that the use of force in this situation is ultimately the responsibility of, and should be controlled by, the (senior) member of the police present.
• The indemnity against civil and criminal liability only applies where reasonable force is used or cause to be used.
• The procedures relating to PPM B.13 Use of Force, and E.08 Incident Reporting in Prisons and PECCS will apply in all instances Correction Officers use force to assist police when obtaining DNA sample from a prisoner.

Necessary Forms and Requirements

• Notification list from Police.
• Corrections Facility Officer Statement DNA Sample Obtained.
• Face to name muster sheet.