Chapter 7 – Adult Case Records Information

73010.6.12 DSL In‑Prison Offense Term CS to DSL Terms

• Pursuant to PCPenal Code 1170.1(c), in-prison offenses which are CSControl Services by law or ordered by the court to run CSControl Services are wholly CSControl Services to the prior term(s).

• People v. McCarthy (1982, 32 Cal. 3d 388) held that PCPenal Code 1170.1(c), read as a whole, called for computation of a single term of imprisonment for all convictions of felonies committed in prison and sentenced CSControl Services, whether multiple convictions occur in the same court proceedings or in different proceedings.

• In re Haygood (1985, 769F 2d 1350) held that in some cases CSControl Services sentences for escape charges are not CSControl Services to sentences for offenses committed while at large.

• While multiple offenses committed in prison or while subject to reimprisonment for escape may be sentenced to run CSControl Services to each other as provided in PCPenal Code 1170.1(a), that combined term is wholly CSControl Services to the prior term, and may exceed the five-year limitation on CSControl Services sentencing.

• These wholly CSControl Services terms are not CSControl Services subordinate terms; they become a part of the total controlling term. Therefore, the fully additional term shall be recorded in the controlling principal term section and the total term added into the controlling term computation.

• Since the decisions in McCarthy and Haygood there have been various interpretations and application of the holdings in these cases. The Department has determined to accept the court’s decision, whether it sentences wholly CSControl Services pursuant to PCPenal Code 1170.1(c).