Department of Corrections and Rehabilitation - Operations Manual

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Chapter 7 – Adult Case Records Information

Article 6 – Detainers

Revised August 9, 2024

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72040.16 Concurrent Jurisdiction Transfer

  • 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.