Chapter 7 – Adult Case Records Information

72040.12.1 Disposition of California Detainers

• 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.