Article 6 – Detainers
72040.5 Roles and Responsibilities
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The following positions have certain responsibilities to ensure the detainer system works accurately:
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Mail Room Supervisor
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The mail room supervisor shall establish a procedure to ensure all correspondence to the facility, which may include actual, or detainer inquiry information, is immediately delivered to appropriate Case Records personnel. Such correspondence includes communication from other law enforcement agencies, District Attorneys (DAs), Immigration and Customs Enforcement (ICE) and any out-of-state corrections office, prison, or parole division.
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Mail addressed to incarcerated persons from the above agencies shall not be delivered to the Case Records office.
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Case Records Staff
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All detainer or detainer related correspondence received shall be immediately opened, date/time stamped, initialed, and delivered to the appropriate staff as established by the Chief, Case Records Services and assigned by the Correctional Case Records Manager (CCRMCorrectional Case Records Manager). Telephonic communication that indicates an incarcerated person may be wanted shall be referred to the staff assigned by the CCRMCorrectional Case Records Manager at a classification not less than a Correctional Case Records Analyst (CCRACorrectional Case Records Administrator).
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Staff, at a classification established by the Chief, Case Records Services and as assigned by the CCRMCorrectional Case Records Manager, shall prepare letters of inquiry, utilizing a departmentally approved method, to resolve detainer inquiries based on requests initiated by CCCorrectional Counselor I/II and CCRACorrectional Case Records Administrator staff, and complete necessary follow-ups on any communication received from law enforcement agencies.
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The initial request to obtain information shall be completed within two working days with follow-up to law enforcement agencies and prosecutors pursuant to a process schedule established by the Chief, Case Records Services or until disposition has been obtained. Telephonic follow-up should be utilized by assigned staff, if a disposition has not been obtained by the final comprehensive audit completed by a CCRACorrectional Case Records Administrator, prior to release. Follow-up for a detainer inquiry submitted to ICE is only completed when no response has been received for the initial inquiry within 15 to 30 days prior to release.
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If a detainer exists or is believed to exist on an incarcerated person, assigned Case Records staff shall follow procedures established by the Chief, Case Records Services.
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Case Records staff assigned by the CCRMCorrectional Case Records Manager shall record any information regarding an actual detainer or detainer inquiry in accordance with procedures established by the Chief, Case Records Services. This includes information received in the form of documentation, telephonic information, untried indictments, hearsay, incarcerated person’s statements, etc.
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Correctional Counselor
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Upon an incarcerated person’s arrival, the counselor shall interview the incarcerated person and review all available reports, including, but not limited to:
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Probation Officers Report.
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Abstract of Judgment.
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Sentencing transcript.
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Parole reports.
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Arrest history from Criminal Identification and Information (CI&ICriminal Identification and Information) and Federal Bureau of Investigation (FBIFederal Bureau of Investigation) State Summary Criminal History (SSCHState Summary - Criminal History)s.
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The counselor shall initiate a request for inquiry, utilizing an approved departmental platform, for all felony arrests without dispositions that occurred within two years of the date the incarcerated person was last received by the department.
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The counselor shall also initiate an inquiry for misdemeanor offenses that occurred during the same period for incarcerated persons who are within three months of release at reception.
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Requests for inquiry shall also reflect comments made by the incarcerated person which pertain to recent criminality or references to criminal acts that might be found in the Central File (C-File).
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Requests for inquiry shall be promptly submitted to the Case Records office for follow-up.
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Counselors at receiving facilities shall review the incarcerated person’s C-File and complete the inquiry if information is found to warrant such.
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Watch Commander
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The Watch Commander shall review the CLETSCalifornia Law Enforcement Telecommunications System terminal every four hours during first watch, third watch, and on weekends. They shall complete a departmentally approved process to record actions taken on all detainers received and manually forward the detainer request to Case Records for processing during business hours on the next business day.
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They shall also designate the incarcerated person’s custody based on detainers received
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Classification and Parole Representative (C&PRClassification & Parole Representative)
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Prior to any Temporary Community Leave (TCLTemporary Community Leave), the C&PRClassification & Parole Representative or other designated staff shall review the incarcerated person’s C-File for detainer information and complete the request for temporary leave/removal form.
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Prior to release to a community program or parole, the C&PRClassification & Parole Representative shall review the incarcerated person’s C-File for detainer information and document findings utilizing a departmentally approved method.
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Classification Services Representative (CSRClassification Staff Representative)
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Before approval for transfer of any incarcerated person, the CSRClassification Staff Representative shall review the incarcerated person’s C-File for detainer information and, if appropriate, take the required action.
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