Chapter 7 – Adult Case Records Information

73030.15 Retention in Custody Past Scheduled Release Date

• CCRCalifornia Code of Regulations 3323 provides that in some instances a person may be retained in custody beyond their scheduled release date because of a serious disciplinary infraction for which credit may be lost though the CDC Form 115 may ultimately be dismissed or reduced to an administrative infraction.

• It is necessary that the C-File reflect the reason the person was retained in custody.

• The following procedures are authorized by CCRCalifornia Code of Regulations 3323 and should be used to properly record this information:

  • On the scheduled release date, prepare a CDC Form 128-B chrono indicating “Subject being retained in custody pending disposition of CDC Form 115 Log #______ for which ______ days may be lost.”

  • Post entry on CDC Form 112, “Retained in custody pending disposition of CDC Form 115 Log #______.”

  • If the CDC Form 115 is dismissed, prepare another CDC Form 128-B indicating “CDC Form 115 of ( date ) dismissed. Subject released on parole.”

  • Post entry on CDC Form 112, “Disciplinary dismissed. Released on parole. Parole period starts (indicate scheduled release date).”

  • Any days attributed to time held past release date on a pending CDC Form 115 subsequently dismissed shall be deducted from the maximum parole period.