Article 6 – Detainers
72040.4 Directives
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The department’s detainer policies provide, information regarding any detainer, or detainer inquiry response shall be recorded utilizing a departmentally approved platform and called to staff attention within four hours of receipt to determine what effect, if any, the detainer might have on the incarcerated person’s custody.
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Designated staff are responsible for evaluating detainers and determining whether immediate action is necessary. This action may include notifying the watch commander for consideration of higher custody placement or notifying the Correctional Counselor (CCCorrectional Counselor)-I/II or Classification and Parole Representative (C&PRClassification & Parole Representative) for casework follow-up. This decision shall be recorded by the designated staff utilizing a departmentally approved method.
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Designated staff shall also review detainers received on incarcerated persons temporarily housed (en route and out-to-court), as the receiving facility may no longer be appropriate based on the offense. In such cases, the C&PRClassification & Parole Representative at the receiving facility shall be contacted.
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The Warden or Assistant Deputy Director is authorized to designate staff to evaluate detainers. However, this responsibility shall not be sub-delegated. Those delegated to evaluate detainers shall come from one of the following staff positions:
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C&PRClassification & Parole Representative
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Watch Commander
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Captain
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Captain/Associate Warden (AWAssociate Warden)
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Chief Deputy Regional Administrator
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Correctional Counselor (CCCorrectional Counselor)-II
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The designated evaluator shall immediately restrict the incarcerated person’s movement to ensure the security of the facility and the public if the evaluation warrants it.
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The title of the position designated shall be submitted to the Deputy Director, Institutions, with a copy to the Office of Legal Affairs.
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Unless authorized by the Secretary, no employee of the department shall request a detainer be lifted or make an appeal on behalf of an incarcerated person.
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If a justifiable hardship is placed on an incarcerated person due to the continuance of a detainer, the Warden shall present a factual statement concerning the circumstances to the Secretary. Further action shall be taken only with the Secretary’s approval.