Chapter 7 – Adult Case Records Information

72040.12.2.2 Custody Requested

• 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.