Department of Corrections and Rehabilitation - Operations Manual

Chapter 7 – Adult Case Records Information

Article 12 – Time Computations

PCPenal Code 2900(c)(2) states: “…the prisoner shall be deemed an escapee and fugitive from justice, until the prisoner is available to return to the custody of the Director or the State of California . . .” An escapee or parole violator is entitled to credit on their sentence for time in custody of another jurisdiction when they are held on “our Hold only” and are available for pickup by the Department’s agents.
An escapee or parole violator held in custody in another state on “our Hold only,” but who is not available because they are resisting extradition, is not entitled to credit (on the California term) served in jail while resisting extradition (In re Pearce 1974 40 Cal App 3d 399).
A parole violator in local confinement is deemed available on the date our hold was placed or, if previously declared at-large and suspended from parole supervision, on the date of arrest.
An escapee or parole violator in local confinement (California jail or DMHDepartment of Mental Health (see Department of State Hospitals DSH)) is deemed available to the Department except when they are serving a sentence in lieu of a fine or a sentence expressly ordered to run consecutively to the existing prior prison term.