Chapter 7 – Adult Case Records Information

73040.10 Removal for a Hearing on a Petition for a Writ of Habeas Corpus and Orders Granting Relief on a Petition for Writ of Habeas Corpus

• A court may issue a Writ of Habeas Corpus directing that an incarcerated person be removed from a facility for a hearing on a Petition for a Writ of Habeas Corpus. These hearings may be before a judge or before a referee who has been appointed by the judge.

• An order granting relief on a Petition for Writ of Habeas Corpus and ordering discharge from custody serves to release an incarcerated person from custody.

• The AGAttorney General has 60 days to file an appeal in a non-capital case; if OLAOffice of Legal Affairs confirms that the AGAttorney General will not appeal, the incarcerated person may be released at once and discharged.

• When a release order is received, the CCRMCorrectional Case Records Manager shall contact the Case Records Services. Case Records Services shall contact OLAOffice of Legal Affairs to consult with the AGAttorney General’s Office to determine if an appeal is to be filed. If so, OLAOffice of Legal Affairs shall ask the AGAttorney General to immediately file a request with the court to stay the release order.

• Any order for the return of an incarcerated person to the county of commitment resulting in the discharge of the incarcerated person must be executed by the sheriff. Departmental case records shall reflect a “discharge” on the commitment effective the date the sheriff assumed custody.