Chapter 7 – Adult Case Records Information

72040.17 Departmental Holds

• A departmental hold shall be placed with the receiving agency by Case Records staff, who shall create a Notice of Detainer form, for the following incarcerated persons released to another agency:

  • Escapees who are apprehended and in the custody of another agency.

  • Incarcerated persons released under the interstate agreement on detainers (PCPenal Code section 1389).

  • Incarcerated persons released under executive agreement (PCPenal Code section 1549).

  • Incarcerated persons released under the uniform act to secure witnesses from outside the State in criminal acts (PCPenal Code section 1334).

  • Incarcerated persons serving sentences in other jurisdictions.

  • Incarcerated persons released to California agencies for trial, witnesses in criminal cases or civil proceedings in parental or marital cases (PCPenal Code sections 2620, 2621, and 2625).

  • Incarcerated persons released to another jurisdiction’s detainer pending parole (PCPenal Code sections 2690 and 4755).

• The detainer shall be issued to ensure the incarcerated person is returned to departmental custody to serve the unexpired portion of existing sentences or ensure the incarcerated person remains in custody until the California scheduled release date.

  • Case Records Staff

    • Case Records staff shall prepare the Notice of Detainer in triplicate to include the following:

      • A notation shall be made to contact the Department’s Case Records office prior to release of the incarcerated person by the receiving jurisdiction.

      • If the incarcerated person is released to a detainer pending parole, a notation shall be made not to release prior to the actual parole date.

      • If an incarcerated person paroles/discharges while out-to-court, the sending facility shall notify the holding law enforcement agency to remove the department’s detainer.

      • The sending facility shall notify the parole unit and region staff of the change in status and the supervised person’s location.

      • If the incarcerated person is released out-of-state or to the federal government, the SACCOSacramento Control Office Unit, Reg. I address shall be used as the unit to be notified of pending release.

  • Receiving and Release

    • A copy shall be retained in the C-File until the second copy is returned by Receiving and Release staff, who shall verify the incarcerated person was released.

    • The original and second copy shall be signed by the transporting officer or agent of the receiving jurisdiction at the time of release acknowledging receipt. The original shall be given to the officer/agent assuming custody and the second copy forwarded to Case Records.

    • Case Records staff shall replace the unsigned copy in the C-File with the signed copy utilizing a departmentally approved method and process established by the Chief, Case Records Services.

  • Case Records Staff

    • Upon the physical return of the incarcerated person to departmental custody, the Notice of Detainer shall be removed from the C-File utilizing a departmentally approved method and process established by the Chief, Case Records Services.