Chapter 7 – Adult Case Records Information

72040.14.3 Release to Subsequent Prison Commitments

• 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.