Chapter 7 – Adult Case Records Information

72020.5.4.1 Procedures for Processing Commitments

• DSLDeterminate Sentence Law

  • Upon receiving a judgment under the provision of PCPenal Code 1170(a)(2), LPULegal Processing Unit shall process the case as follows:

  • To conform with DSLDeterminate Sentence Law commitments:

    • Term(s) shall be calculated and a CDC Form 188 prepared.

    • If the preprison credit exceeds the DSLDeterminate Sentence Law term including period of parole, the CCRMCorrectional Case Records Manager shall notify the sentencing court that the person has completed the prison term and period of parole and should be released from custody.

    • If the preprison credit exceeds the DSLDeterminate Sentence Law term, but not the period of parole, the case shall be presented to the BPTH for consideration of waiver of parole. The court shall be advised of the BPTH decision. If parole is not waived, the court shall be advised to order the individual to the appropriate parole office for parole supervision.

    • If the preprison credit does not exceed the DSLDeterminate Sentence Law term, the CCRMCorrectional Case Records Manager shall notify the court. The notification shall include information reflecting the computation and the amount of time remaining to be served.

• ISLIndeterminate Sentence Law

  • To conform with ISLIndeterminate Sentence Law commitments:

    • Term(s) shall be recalculated pursuant to PCPenal Code 1170.2(a) using a CDC Form 678, Cumulative Case Summary Confinement Computation, and the case screened for possible extended term hearing.

    • The CDC Form 678, Probation Officer Report (PRO), Information, and related documents shall be presented to the BPHBoard of Parole Hearings (formerly Board of Prison Terms) for review and disposition.

    • If the person is not scheduled for an extended term hearing and is overdue for release on the date calculated under PCPenal Code 1170.2(a), the CCRMCorrectional Case Records Manager shall notify the sentencing court that the prison term is completed and the person should be released from custody. If the preprison credit does not satisfy the period of parole, the court shall be advised to order the person to report to the appropriate parole office for parole supervision.

    • If the person is not overdue for release or if the person is scheduled for an extended term hearing, the CCRMCorrectional Case Records Manager shall notify the court that the person must be delivered to the Department. The notification to the court shall include a copy of the CDC Form 678 or BPHBoard of Parole Hearings (formerly Board of Prison Terms) Form 1091, Screening Form, and include the amount of time remaining to be served unless the person is scheduled for an extended term hearing.

• Person Not Delivered

  • Those cases that require a person not be delivered shall be processed as follows:

    • Assign CDC number.

    • Route to OBISOffender Based Information System for input of commitment information.

    • Prepare departmental records.

    • If discharged, microfiche and forward all documents to the Archives

    • Unit.

    • If paroled, forward all documents to the appropriate parole region

    • CCRMCorrectional Case Records Manager.

• Note: CDC numbers and departmental records shall not be issued and/or prepared until it has been determined that the pre-prison credit exceeds the term and the person will be discharged or placed under parole supervision.