Department of Corrections and Rehabilitation - Operations Manual

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Chapter 6 – Adult Classification

Article 6 – Recall of Commitment

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62020.8 Court Ordered Diagnostic Study

  • The court may recall a sentence within the first 120 days of commitment with or without obtaining a diagnostic study and recommendation from the Department. When an evaluation is requested, it shall assess the inmate’s potential for completing probation or other alternate sentencing, and the threat posed to the community if the inmate fails to realize that potential.

  • When the court orders a post sentence diagnostic study [PCPenal Code 1170(d)], and a pre-sentence diagnostic study (PCPenal Code 1203.03) has previously been prepared, a reevaluation of the prior study’s recommendation is required.

  • Staff assigned to prepare the PCPenal Code 1170(d) report shall reevaluate all available information and recommend accordingly, rather than repeat or paraphrase the pre-sentence diagnostic study. The PCPenal Code 1170(d) report shall indicate that a pre-sentence diagnostic report was prepared.

  • A current psychological evaluation shall be prepared if indicated. If any recommendations are in conflict, the method for resolving the conflict shall be addressed.

  • When the court requests a post-sentence diagnostic study within 120 days of sentencing, the Warden or reception center administrator shall communicate directly with the court.

  • Requests received by the institution after 120 days of sentencing shall be forwarded to the Chief, Classification Services and processed through headquarters as a Director initiated recall. The court cannot recall a sentence after 120 days of sentencing without the recommendation of the Director or the BPT.

  • Late Return of Report

    • When a post-sentence diagnostic study is requested by the court to be prepared within the 120-day time limit and is late due to departmental error, the institution shall notify the court directly. A letter signed by the Warden attached to the recommendations shall indicate the reasons for the delay and because of the delay, the court may take whatever action it deems appropriate.