Q: can they DNA test someone in prison to gather proofs? for a new case they are trying to charge that person with..

A: MORE INFO IS NEEDED....AND THE QUESTION SHOULD BE POSED TO HIS LAWYER.

IS HE ON PROBATION OR PAROLE?

IF THEY WANT DNA THEY CAN JUST TAKE OFF THINGS IN HIS CELL ETC

A: Can they DNA test someone in prison? Yes.

A decision of the Federal Ninth Circuit appellate court case, Hamilton v. Brown (9th Cir. 2011) 630 F.3d 889, 891, provides that the provisions of California's DNA and Forensic Identification Database and Data Bank Act of 1998, as amended, Cal. Penal Code § 295 et seq., are mandatory and automatic upon conviction of a felony.

A prisoner who refuses to provide a sample after receiving a written or oral request is subject to the use of reasonable force. Specifically, the Act provides that 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 pursuant to this chapter from individuals who, after written or oral request, refuse to provide those specimens, samples, or thumb or palm print impressions. Cal. Penal Code § 298.1(b)(1).

Prison officials must make efforts to secure voluntary compliance before applying reasonable force. 15 Cal. Code Regs. § 3025(k). Reasonable force is defined in Department of Corrections regulations as the force that an objective, trained and competent correctional employee, faced with similar facts and circumstances, would consider necessary and reasonable to subdue an attacker, overcome resistance, effect custody, or gain compliance with a lawful order. 15 Cal. Code Regs. §§ 3268(a)(1), 3025(j).