Chapter 7 – Adult Case Records Information

72040.14 Release to a Detainer

• 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.