Chapter 7 – Adult Case Records Information

Detainers shall be processed in a uniform manner to ensure proper disposition.

This article sets forth the policies for the uniform processing of detainers placed against incarcerated, supervised, and discharged persons, by other agencies or those placed with another agency by the department.

Detainers are documents received from a law enforcement or prosecutorial agency indicating an incarcerated person is wanted by that agency. Written legal authority is provided with the detainer, e.g. arrest warrant, or court order, and specifies the basis for the detainer.

Detainers are issued by the department to place a hold on an incarcerated person released to another agency prior to their release date. These detainers, referred to as holds herein, are covered in the DOMDepartment Operations Manual section 72040.11.

The department’s detainer policies provide, information regarding any detainer, or detainer inquiry response shall be recorded utilizing a departmentally approved platform and called to staff attention within four hours of receipt to determine what effect, if any, the detainer might have on the incarcerated person’s custody.

Designated staff are responsible for evaluating detainers and determining whether immediate action is necessary. This action may include notifying the watch commander for consideration of higher custody placement or notifying the Correctional Counselor (CCCorrectional Counselor)-I/II or Classification and Parole Representative (C&PRClassification & Parole Representative) for casework follow-up. This decision shall be recorded by the designated staff utilizing a departmentally approved method.

Designated staff shall also review detainers received on incarcerated persons temporarily housed (en route and out-to-court), as the receiving facility may no longer be appropriate based on the offense. In such cases, the C&PRClassification & Parole Representative at the receiving facility shall be contacted.

The Warden or Assistant Deputy Director is authorized to designate staff to evaluate detainers. However, this responsibility shall not be sub-delegated. Those delegated to evaluate detainers shall come from one of the following staff positions:

• C&PRClassification & Parole Representative

• Watch Commander

• Captain

• Captain/Associate Warden (AWAssociate Warden)

• Chief Deputy Regional Administrator

• Correctional Counselor (CCCorrectional Counselor)-II

The designated evaluator shall immediately restrict the incarcerated person’s movement to ensure the security of the facility and the public if the evaluation warrants it.

The title of the position designated shall be submitted to the Deputy Director, Institutions, with a copy to the Office of Legal Affairs.

Unless authorized by the Secretary, no employee of the department shall request a detainer be lifted or make an appeal on behalf of an incarcerated person.

If a justifiable hardship is placed on an incarcerated person due to the continuance of a detainer, the Warden shall present a factual statement concerning the circumstances to the Secretary. Further action shall be taken only with the Secretary’s approval.

The following positions have certain responsibilities to ensure the detainer system works accurately:

• Mail Room Supervisor

  • The mail room supervisor shall establish a procedure to ensure all correspondence to the facility, which may include actual, or detainer inquiry information, is immediately delivered to appropriate Case Records personnel. Such correspondence includes communication from other law enforcement agencies, District Attorneys (DAs), Immigration and Customs Enforcement (ICE) and any out-of-state corrections office, prison, or parole division.

  • Mail addressed to incarcerated persons from the above agencies shall not be delivered to the Case Records office.

• Case Records Staff

  • All detainer or detainer related correspondence received shall be immediately opened, date/time stamped, initialed, and delivered to the appropriate staff as established by the Chief, Case Records Services and assigned by the Correctional Case Records Manager (CCRMCorrectional Case Records Manager). Telephonic communication that indicates an incarcerated person may be wanted shall be referred to the staff assigned by the CCRMCorrectional Case Records Manager at a classification not less than a Correctional Case Records Analyst (CCRACorrectional Case Records Administrator).

  • Staff, at a classification established by the Chief, Case Records Services and as assigned by the CCRMCorrectional Case Records Manager, shall prepare letters of inquiry, utilizing a departmentally approved method, to resolve detainer inquiries based on requests initiated by CCCorrectional Counselor I/II and CCRACorrectional Case Records Administrator staff, and complete necessary follow-ups on any communication received from law enforcement agencies.

  • The initial request to obtain information shall be completed within two working days with follow-up to law enforcement agencies and prosecutors pursuant to a process schedule established by the Chief, Case Records Services or until disposition has been obtained. Telephonic follow-up should be utilized by assigned staff, if a disposition has not been obtained by the final comprehensive audit completed by a CCRACorrectional Case Records Administrator, prior to release. Follow-up for a detainer inquiry submitted to ICE is only completed when no response has been received for the initial inquiry within 15 to 30 days prior to release.

  • If a detainer exists or is believed to exist on an incarcerated person, assigned Case Records staff shall follow procedures established by the Chief, Case Records Services.

  • Case Records staff assigned by the CCRMCorrectional Case Records Manager shall record any information regarding an actual detainer or detainer inquiry in accordance with procedures established by the Chief, Case Records Services. This includes information received in the form of documentation, telephonic information, untried indictments, hearsay, incarcerated person’s statements, etc.

• Correctional Counselor

  • Upon an incarcerated person’s arrival, the counselor shall interview the incarcerated person and review all available reports, including, but not limited to:

    • Probation Officers Report.

    • Abstract of Judgment.

    • Sentencing transcript.

    • Parole reports.

    • Arrest history from Criminal Identification and Information (CI&ICriminal Identification and Information) and Federal Bureau of Investigation (FBIFederal Bureau of Investigation) State Summary Criminal History (SSCHState Summary - Criminal History)s.

  • The counselor shall initiate a request for inquiry, utilizing an approved departmental platform, for all felony arrests without dispositions that occurred within two years of the date the incarcerated person was last received by the department.

  • The counselor shall also initiate an inquiry for misdemeanor offenses that occurred during the same period for incarcerated persons who are within three months of release at reception.

  • Requests for inquiry shall also reflect comments made by the incarcerated person which pertain to recent criminality or references to criminal acts that might be found in the Central File (C-File).

  • Requests for inquiry shall be promptly submitted to the Case Records office for follow-up.

  • Counselors at receiving facilities shall review the incarcerated person’s C-File and complete the inquiry if information is found to warrant such.

• Watch Commander

  • The Watch Commander shall review the CLETSCalifornia Law Enforcement Telecommunications System terminal every four hours during first watch, third watch, and on weekends. They shall complete a departmentally approved process to record actions taken on all detainers received and manually forward the detainer request to Case Records for processing during business hours on the next business day.

  • They shall also designate the incarcerated person’s custody based on detainers received

• Classification and Parole Representative (C&PRClassification & Parole Representative)

  • Prior to any Temporary Community Leave (TCLTemporary Community Leave), the C&PRClassification & Parole Representative or other designated staff shall review the incarcerated person’s C-File for detainer information and complete the request for temporary leave/removal form.

  • Prior to release to a community program or parole, the C&PRClassification & Parole Representative shall review the incarcerated person’s C-File for detainer information and document findings utilizing a departmentally approved method.

• Classification Services Representative (CSRClassification Staff Representative)

  • Before approval for transfer of any incarcerated person, the CSRClassification Staff Representative shall review the incarcerated person’s C-File for detainer information and, if appropriate, take the required action.

Case Records Staff

• Incoming mail or other communication from a police department, sheriff’s office, DA’s office, ICE, any federal law enforcement agency, or an out-of-state department of corrections office, prison or parole division shall be immediately opened, time stamped, and initialed. The incarcerated person’s custody location shall be determined immediately.

• All detainers shall be promptly hand-carried to the appropriate staff assigned by the CCRMCorrectional Case Records Manager at a classification not less than a CCRACorrectional Case Records Administrator.

• All information received either at the time of an incarcerated person’s arrival or prior to the incarcerated person’s arrival, which indicates the subject may be involved in other crimes where a detainer may exist, shall be given to the staff assigned by the CCRMCorrectional Case Records Manager at a classification not less than a CCRACorrectional Case Records Administrator (except traffic violations).

• Letters of inquiry shall be initiated utilizing a departmentally approved method on matters meeting the criteria for a detainer inquiry as follows:

  • Felony arrests, without disposition, that occurred within two years of the date the incarcerated person was received by the department.

  • Incarcerated person comments about recent criminal acts.

  • References to recent criminal activity in file material.

  • Misdemeanor offenses, without disposition, that occurred within two years of the date the incarcerated person was last received by the department, if the incarcerated person is within three months of release at the time of reception.

  • Documentation indicating the incarcerated person may be wanted by ICE.

• In the reception centers, actual detainers included with the “prison packet” or arriving before the counselor has begun processing the case, shall be reviewed by the appropriate staff assigned by the CCRMCorrectional Case Records Manager at a classification not less than a CCRACorrectional Case Records Administrator. The CCRACorrectional Case Records Administrator will process the detainer utilizing a departmentally approved method and procedure established by the Chief, Case Records Services.

• A detainer included with information received at the time of the incarcerated person’s reception, or the detainer arrives before the case has been processed, shall be recorded by staff assigned by the CCRMCorrectional Case Records Manager, at a classification not less than a CCRACorrectional Case Records Administrator, in accordance with a departmentally approved method and procedure established by the Chief, Case Records Services.

• The detainer shall then be processed as part of the incarcerated person’s prison packet by the counselor during the reception center processing.

Reception centers shall not be required to initiate or follow-up on detainer inquiry requests except for those pertaining to incarcerated persons requiring inquiry to ICE, pending imminent release to parole, or discharging from the reception center. Follow-up for a detainer inquiry submitted to ICE is only completed when no response has been received for the initial inquiry within 15 to 30 days prior to release. It shall be the responsibility of the receiving facility to review the incarcerated person’s C-File for any detainer inquiries initiated at the reception center and to complete the initial inquiry and any required follow-up as previously specified.

If a move to a community placement program, parole, or TCLTemporary Community Leave is approved, assigned Case Records staff shall follow procedures established by the Chief, Case Records Services in accordance with a deparmentally approved method to determine if any detainers have been recorded in the incarcerated person’s C-File within 24 hours of the actual move. If there are no detainers in place, the approval of the move shall not be affected. If a detainer is received on the same day or subsequent to the approval of a move, assigned Case Records staff shall immediately notify the C&PRClassification & Parole Representative or the Assistant Regional Administrator (ARA) for review of the move approval and action in accordance with aforementioned procedures for processing detainers.

CLETSCalifornia Law Enforcement Telecommunications System inquiries shall be made on all incarcerated persons prior to any release date to determine if the incarcerated person is wanted.

If a detainer is received for an incarcerated person at another departmental location, the following shall be accomplished by Case Records staff assigned by the CCRMCorrectional Case Records Manager at a classification not less than a CCRACorrectional Case Records Administrator:

• Process the detainer utilizing a departmentally approved method and procedure established by the Chief, Case Records Services.

• Promptly notify the affected location and record the actions taken following a process established by the Chief, Case Records Services utilizing a departmentally approved method.

Counselor

• Where there is any indication of the need for a detainer inquiry, the counselor shall provide as much information as possible utilizing a departmentally approved method to alert assigned Case Records staff.

Case Records

• Assigned Case Records staff shall:

  • Within two working days after receipt, make initial contact with the agency that may hold the warrant/detainer, using a departmentally approved method, to request disposition of the detainer.

  • Follow-up shall be pursuant to a process schedule established by the Chief, Case Records Services or until disposition has been obtained. Follow-up during the parole period shall be by telephone. Follow-up for a detainer inquiry submitted to ICE is only completed when no response has been received for the initial inquiry within 15 to 30 days prior to release.

  • Complete associated tasks utilizing a process established by the Chief, Case Records Services and departmentally approved methods to record actions taken related to a detainer inquiry.
    

If a detainer is received for a person not identified as being in the department’s custody, Case Records staff assigned by the CCRMCorrectional Case Records Manager shall:

• Telephone the jurisdiction which issued the detainer for possible additional identification data.

• If still unable to identify, return the detainer to the issuing jurisdiction and advise the subject is not in the department’s jurisdiction.

Prior to parole or transfer to a community program, assigned Case Records staff shall follow procedures and time constraints established by the Chief, Case Records Services in accordance with a departmentally approved method to audit the C-File, and determine if any detainers have been recorded in the incarcerated person’s C-File If a detainer arrives on the same day or after the approval of the move, assigned Case Records staff shall:

• Immediately notify the C&PRClassification & Parole Representative and the Chief Deputy Administrator for review of the move.

• The C&PRClassification & Parole Representative or ARA shall notify Case Records staff of their decision from the review.

If a detainer is received after an incarcerated or supervised person has been released or discharged, the following action shall be taken:

• If the detainer indicates a felony offense and the incarcerated person has been released to parole, Case Records staff shall process the detainer utilizing a departmentally approved method and procedure established by the Chief, Case Records Services to ensure the supervising parole unit is informed.

• Case Records staff shall also notify the detainer issuing agency by a departmentally approved method as soon as possible following the procedure established by the Chief, Case Records Services to include advising them of the released person’s status and the address of the supervising parole office.

• If the incarcerated person has been completely released or discharged from the jurisdiction of the CDCRCalifornia Department of Corrections and Rehabilitation, the Case Records staff shall notify the issuing agency by a departmentally approved method, of the released person’s status and return the detainer to the issuing agency following procedure established by the Chief, Case Records Services.

• If the detainer indicates other than a felony offense, the detainer shall be returned to the issuing agency by a departmentally approved method following procedures established by the Chief, Case Records Services advising them of the released person’s status. In the case of supervised persons’, the issuing agency shall be advised of the address of the supervising parole office.

• All such actions shall be documented in accordance with procedures set forth by the Chief, Case Records Services.

An incarcerated person may request disposition of a detainer, in writing, directed to Case Records staff who shall prepare the required legal forms for signature by the incarcerated person. Counseling staff are responsible for delivery of the forms to the incarcerated person, witnessing the signature of the incarcerated person, and return of these forms to records.

If the detainer is from a California agency for untried charges, the incarcerated person may request disposition of pending charges by filing a Demand for Trial in accordance with the provisions of Penal Code (PCPenal Code) section 1381.

Untried Charges

• Demands for trial should not be initiated in the reception centers.

Case Records Staff

• Case Records staff shall mail the demand packet to the DA by certified mail, return receipt requested.

Trial Within 90 Days

• PCPenal Code section 1381 stipulates a person must be brought to trial within 90 days after written notification of the place of confinement. The 90-day period starts the day the DA acknowledges receipt of the demand packet.

Case Records Staff

• If the incarcerated person is not brought to trial at the conclusion of the 90-day period, Case Records staff shall prepare:

  • An Affidavit in Support of Motion to Dismiss Pending Charges.

  • A Motion to Dismiss Criminal Charges Pending.

  • A Cover Memo – Motion to Dismiss.

  • An Order of Dismissal.

• All forms shall be forwarded to the court and the DA’s office having jurisdiction of the matter.

Violation of Probation

• If the detainer is for a violation of probation in a California county, the incarcerated person may file a request for disposition of probation in accordance with provisions of PCPenal Code section 1203.2a.

• A Request for Disposition of Probation, Waiver of Appearance and Right to Attorney (PCPenal Code section 1203.2a), shall be used to request disposition of probation.

Incarcerated Person

• The incarcerated person may fill out a Request for Disposition of Probation, Waiver of Appearance and Right to Attorney form and forward it to Case Records. Case Records staff shall view the submitted form as a request for Case Records staff to complete the process. The incarcerated person may also ask Case Records to process a disposition of probation on their behalf utilizing a request for interview form.

Case Records Staff

• Upon the incarcerated person’s written request, Case Records staff shall:

  • Prepare the form for signature by the incarcerated person utilizing a departmentally approved method.

  • Mail the completed form to either the Superior Court or probation officer by certified mail, return receipt requested following procedures established by the Chief, Case Records Services.

When a detainer for untried charges is lodged by an agency of the federal government or an agency of a member state of the interstate agreement on detainers (IAD), the interstate form provided shall be used to notify the incarcerated person of the detainer and to request disposition of the pending charges.

The IAD does not apply to violation of probation or violation of parole.

PCPenal Code section 1389 provides for the surrender of temporary custody of a prisoner to the jurisdiction of the federal government or another state which is signatory to the IAD where they are wanted for prosecution, except Louisiana and Mississippi.

If a detainer is lodged for untried charges by an agency of a state which is not a member of the IAD, the incarcerated person may only be released for trial in accordance with an executive agreement between governors in compliance with PCPenal Code section 1549, or a Writ of Habeas Corpus ad Prosequendum is used.

When a prosecutor requests custody of an incarcerated person pursuant to PCPenal Code section 1389, Article IVIntravenous, the following shall be done:

• Case Records Staff

  • Case Records staff shall provide the incarcerated person (via their counselor) with a copy of the explanation of incarcerated person’s rights under article IVIntravenous of the interstate agreement.

  • Afford incarcerated persons an opportunity to sign a Form II of the IAD wherein the incarcerated person waives extradition to:

    • The proceedings contemplated in the requesting state.

    • Serve sentence after completion of the California sentence.

• Court Arraignment

  • If the incarcerated person does not sign a Form II, Case Records staff shall plan for the incarcerated person to be taken before a magistrate prior to the offer of temporary custody being issued (PCPenal Code section 1550.1) following procedure established by the Chief, Case Records Services.

  • The purpose of the court arraignment is to give the incarcerated person an opportunity to waive their right to petition for a Writ of Habeas Corpus and to waive the 30-day period for the Governor’s intervention.

• Incarcerated Person Waiver

  • This waiver is accomplished by the incarcerated person completing an Agreement to Temporary Transfer of Custody in the presence of the court and the court signing the form.

• Incarcerated Person Does Not Waive

  • If the incarcerated person refuses to waive their rights, the court shall fix a reasonable time for the incarcerated person to file a petition for a Writ of Habeas Corpus. When the time has elapsed, a hearing guided by extradition law shall be held.
    

If the incarcerated person demands trial and waives extradition by executing Form II, a court arraignment is not required and Case Records staff shall proceed based on the incarcerated person’s demand for trial pursuant to PCPenal Code section 1389, Article III.

Instructions for the preparation, distribution and use of the various forms are contained in the heading of each form.

• Case Records Staff

  • The Case Records office shall mail all forms by certified mail, with a return receipt requested.
    

Tinghitella v. California (9th CCCorrectional Counselor, 1983) held that an incarcerated person has a statutory right under the IAD to be sentenced in absentia within 180 days after delivery of an appropriate demand for sentencing.

• The court held that the IAD applies to sentencing as well as to untried indictments and thus where there is proper demand for return for sentencing said demand must be met.

• The court held however that an incarcerated person is not entitled to demand to be transferred to another jurisdiction for the purpose of sentencing if they fled that jurisdiction after conviction but before sentencing.

If an incarcerated person demands sentencing in absentia to any agency of the federal government or an agency of a member state of the IAD, Case Records staff shall notify the incarcerated person of their rights by issuing a “Notice of Conviction…” A request for sentencing shall also be executed by submission of an “Inmate’s Notice of Place…”

If a detainer is lodged by an agency of the federal government or an agency of a member state of the IAD, Case Records staff shall notify the incarcerated person of the detainer and their right to demand sentencing.

If a request for temporary custody is received from any agency of the federal government or an agency of a member state of the IAD, the following shall be done:

• Case Records Staff

  • Case Records staff shall advise the prosecuting officer that the incarcerated person waived the right to be present for sentencing by absconding from the jurisdiction of the court and may be sentenced in absentia by completing a “Notice of Inmate’s Right to…”
    

Instructions for the preparation, distribution and use of the forms are contained in the heading of each form.

• Case Records Staff

  • Case Records staff shall mail all forms by certified mail, with a return receipt requested.

If a detainer is lodged based on an incomplete prior prison term by a facility or paroling agency of another state or the federal government, the provisions of the court decision In re: Stoliker are applicable (see DOMDepartment Operations Manual section 72040.10 for instructions).

Each agency that filed a detainer against an incarcerated person shall be notified of the incarcerated person’s pending release or parole 90 days prior to the tentative release date.

Notification to ICE shall only occur 15 to 30 days prior to release.

The department shall release an incarcerated person to the agency that placed the first detainer. However, if multiple detainers are on file, and one is based upon a judgment and sentence to a prison term, the initial offer of custody shall be to the agency holding the prison term detainer.

ICE will not assume custody of incarcerated persons for deportation proceedings unless the incarcerated person has completed/taken care of all pending legal issues, including misdemeanor charges, or if other agencies which have placed a detainer have declined to take custody.

When multiple detainers are on file and the incarcerated person is released to one of the detainers, the remaining detainers shall be given to the transporting officers. The other agencies shall be notified of the release and of the agency that assumed custody.

In the case of an incarcerated person’s death, the detainer shall be returned to the notifying agency. Subsequently, Case Records staff shall cancel the incarcerated person’s entire detainer computerized history utilizing a departmentally approved method and process as established by the Chief, Case Records Services

Case Records staff shall send the notification letter to the U.S.United States Marshal of the district in which the facility is located. The letter shall state which marshal’s office filed the detainer, the incarcerated person’s current release date, and whether the incarcerated person is eligible for a parole date advancement.

A copy of the letter shall also be mailed to the:

• U.S.United States Marshal’s office that filed the detainer.

• Bureau of Prisons, U.S.United States Bureau of Prisons Correctional Programs.
  

An incarcerated person may be released directly to the agency lodging the detainer. Pursuant to PCPenal Code section 4755, any incarcerated person who has a detainer lodged against them by law enforcement or another agency may be:

• Released within five calendar days prior to or five calendar days after the scheduled release date. If more than 400 miles away, release may be five court days prior or five court days after the scheduled release date.

This release procedure permits other agencies to pick up departmental incarcerated persons and transport them during regular business hours or, in some instances, at a more convenient time. (Exception: See DOMDepartment Operations Manual section 72040.8.1 for ICE requirements.)

These supervised persons are entitled to release funds under PCPenal Code section 2713.1. In these cases, Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)) staff shall delay in requesting release funds from the facility of release either until after the incarcerated person is released from local custody or until the release date from local custody has been determined. Funds by alternative departmentally approved methods shall be provided pending receipt of release funds.

Release to ICE may occur prior to the scheduled release date. Incarcerated persons shall not be retained beyond the scheduled date of release for ICE detainers. PCPenal Code section 3060.7 applies for supervised persons with a high control designation.

Incarcerated persons released to ICE are not entitled to release funds under PCPenal Code section 2713.1. However, they shall be provided cash assistance when departmental policy provides for it by parole staff in the event they are released pending or following deportation hearings.

PCPenal Code section 11177 provides a supervised person from another state may be returned to the state of original conviction for violation of parole if the supervised person is residing in California pursuant to the provisions of the interstate parole compact.

An incarcerated person being discharged or paroled may be released directly to an agent of another paroling agency only if:

• The detainer is for violation of parole.

• The incarcerated person was legally residing in California and under supervision of DAPODivision of Adult Parole Operations (formerly P&CSD), Interstate Compact Unit, at the time of their incarceration on the California term.

Case Records shall communicate with the compact administrator of the other state and verify both conditions above in section 72040.8.2(b)(1) and (b)(2) exist, prior to releasing any incarcerated person to an agent of another state.

When an incarcerated person is to be released to an agent of another state, Case Records staff shall arrange for the incarcerated person’s release at a time convenient to the transporting officers within normal business hours.

An incarcerated person may be released on parole directly to the agent of another jurisdiction when the detainer is based upon a conviction and sentence only if:

• The commitment in the receiving state is subsequent to the California commitment.

• The incarcerated person had initially demanded trial in the receiving state in accordance with the provisions of the IAD or waived their rights before the court by signing Form V-A.

• A copy of the incarcerated person’s request (Agreement on Detainers, Form II) or incarcerated person’s waiver (Agreement on Detainers, Form V-A) is in the incarcerated person’s C-File.

If, however, the incarcerated person’s initial release to the receiving state was under Article IVIntravenous of the Agreement on Detainers (the prosecutor requested temporary custody and the incarcerated person did not sign the Form II of the Agreement on Detainers), the executive authority of the receiving state shall forward a requisition to the Governor’s office to initiate formal extradition procedures and an extradition hearing shall be held.

See DOMDepartment Operations Manual section 72050 of this manual for information.

Case Records staff shall follow procedures established by the Chief, Case Records Services, utilizing a departmentally approved method to update the detainer section of the C-File whenever an incarcerated person is released to a detainer.

When the Case Records office receives notification, a detainer previously placed on an incarcerated person has been dropped or expired, the computerized history for that detainer shall be updated

In re: Stoliker (1957) 49 Cal. 2nd 75, requires the department to make an incarcerated person available to the U.S.United States Attorney General or their authorized representative for concurrent service of a previously imposed federal term.

While the decision referred specifically to federal terms, subsequent interpretation by the courts has applied the decision to states as well. A superior court order and Attorney General’s Opinion applies In re: Stoliker to any concurrent case regardless of which term was first imposed.

In re: Stoliker does not apply to California sentences ordered to run consecutively with other jurisdiction sentences.

Incarcerated persons with detainers for unexpired sentences from other jurisdictions may submit a written request to the Secretary for transfer to the other jurisdiction for service of their sentence concurrent with the California sentence. The request shall be submitted to the facility CCRMCorrectional Case Records Manager for processing.

Correctional Case Records Manager

• The CCRMCorrectional Case Records Manager shall process the incarcerated person’s request on a Nature of Transfer Availability–In re Stoliker form to officials of the other jurisdiction to determine if that jurisdiction agrees to assume custody of the incarcerated person.

• Information on referrals shall be sent to the correctional agency or department of the state placing the detainer or the U.S.United States Bureau of Prisons (see DOMDepartment Operations Manual section 72040.7.1) and shall include:

  • The California offense.

  • The California sentence.

  • The anticipated California release date.

  • A copy of the most recent progress report.

  • A copy of the detainer and accompanying documents.

Agency Declines Custody

• If the other agency declines to take custody after notification of availability of the incarcerated person, Case Records staff shall notify the incarcerated person.

Transfer of Records

• Upon transfer of an incarcerated person to another jurisdiction, the Case Records staff shall place a Notice of Detainer form, with a certified copy of the commitment papers into the C-File and notify the Sacramento Central Office (SACCOSacramento Control Office Unit, Reg. I). An appropriate entry shall be entered into the C-File.

• If an incarcerated person escapes, is subsequently convicted and sentenced to a period of confinement to another jurisdiction, whether it’s consecutive or concurrent to the California sentence, and if the incarcerated person remains in the other jurisdiction, the Case Records staff shall update the C-File utilizing a departmentally approved method, pursuant to procedure established by the Chief, Case Records Services. Case Records staff shall verify the other jurisdiction has a detainer from the department on file to hold the incarcerated person for return to California. Case Records staff shall issue a detainer from the department to the other jurisdiction if one is not already in place.

Incarcerated persons transferred under In re: Stoliker shall be returned to the department’s custody when ready for release from the other agency if their California term has not been completed.

Incarcerated persons transferred in accordance with In re: Stoliker shall waive extradition prior to leaving the state of origin.

If the incarcerated person shall not waive extradition, formal extradition procedures shall be initiated. SACCOSacramento Control Office Unit, Reg. I staff shall be kept advised of the status of each case so extradition papers can be processed before the release date.

Case Records staff shall notify federal authorities when a prisoner serving a federal sentence concurrent with a State term is received at a facility and/or transferred within the department. Notification shall be mailed to the U.S.United States Bureau of Prisons (see DOMDepartment Operations Manual section 72040.7.1).

• Case Records Staff

  • When an incarcerated person is transferred to federal custody under In re: Stoliker, Case Records staff shall send a certified copy of the judgment(s) and a letter to the facility where the incarcerated person is confined.
    

A departmental hold shall be placed with the receiving agency by Case Records staff, who shall create a Notice of Detainer form, for the following incarcerated persons released to another agency:

• Escapees who are apprehended and in the custody of another agency.

• Incarcerated persons released under the interstate agreement on detainers (PCPenal Code section 1389).

• Incarcerated persons released under executive agreement (PCPenal Code section 1549).

• Incarcerated persons released under the uniform act to secure witnesses from outside the State in criminal acts (PCPenal Code section 1334).

• Incarcerated persons serving sentences in other jurisdictions.

• Incarcerated persons released to California agencies for trial, witnesses in criminal cases or civil proceedings in parental or marital cases (PCPenal Code sections 2620, 2621, and 2625).

• Incarcerated persons released to another jurisdiction’s detainer pending parole (PCPenal Code sections 2690 and 4755).

The detainer shall be issued to ensure the incarcerated person is returned to departmental custody to serve the unexpired portion of existing sentences or ensure the incarcerated person remains in custody until the California scheduled release date.

• Case Records Staff

  • Case Records staff shall prepare the Notice of Detainer in triplicate to include the following:

    • A notation shall be made to contact the Department’s Case Records office prior to release of the incarcerated person by the receiving jurisdiction.

    • If the incarcerated person is released to a detainer pending parole, a notation shall be made not to release prior to the actual parole date.

    • If an incarcerated person paroles/discharges while out-to-court, the sending facility shall notify the holding law enforcement agency to remove the department’s detainer.

    • The sending facility shall notify the parole unit and region staff of the change in status and the supervised person’s location.

    • If the incarcerated person is released out-of-state or to the federal government, the SACCOSacramento Control Office Unit, Reg. I address shall be used as the unit to be notified of pending release.

• Receiving and Release

  • A copy shall be retained in the C-File until the second copy is returned by Receiving and Release staff, who shall verify the incarcerated person was released.

  • The original and second copy shall be signed by the transporting officer or agent of the receiving jurisdiction at the time of release acknowledging receipt. The original shall be given to the officer/agent assuming custody and the second copy forwarded to Case Records.

  • Case Records staff shall replace the unsigned copy in the C-File with the signed copy utilizing a departmentally approved method and process established by the Chief, Case Records Services.

• Case Records Staff

  • Upon the physical return of the incarcerated person to departmental custody, the Notice of Detainer shall be removed from the C-File utilizing a departmentally approved method and process established by the Chief, Case Records Services.

The Deputy Director, Facility Support, Division of Adult Institutions, or designee shall be responsible for ensuring the contents of this section are kept current and accurate.

A federal Writ of Habeas Corpus Ad Testificandum in a criminal case directs the removal of an incarcerated person to the temporary custody of the U.S.United States Marshal to testify as a witness in a criminal matter.

A federal court has the legal authority to issue a Writ of Habeas Corpus Ad Testificandum for an incarcerated person outside of its territorial jurisdiction.

If the court hearing is out-of-state or if the court hearing is in-state and there are safety concerns, the CCRMCorrectional Case Records Manager shall contact Case Records Services which will consult with OLAOffice of Legal Affairs.

If the judge does not order the U.S.United States Marshal to transport, then the department shall incur the total costs and responsibility of transporting.

Federal court orders shall bear the seal of the court and certification by the clerk of the court. An electronically filed copy is certified if the stamp across the top is in blue ink. If the CCRMCorrectional Case Records Manager has questions about the authenticity of the blue ink stamp, the CCRMCorrectional Case Records Manager shall contact Case Records Services which will consult with OLAOffice of Legal Affairs.