Chapter 7 – Adult Case Records Information

The Department shall comply with the Uniform Criminal Extradition Act for the surrender of inmates or for extradition of inmates in custody outside the state.

This section sets forth the uniform procedures for processing extradition requests.

It is unlawful under PCPenal Code 1550.1 and 1550.2 to deliver an inmate to an agency of a demanding state until the inmate is taken before a magistrate.

There is no legal provision for the Department to take an inmate before a magistrate to consider extradition prior to the parole release date. Therefore, most inmates shall be released to the custody of a local law enforcement agency with the accompanying warrants.

Occasionally, an extradition hearing may be held at the institution by a local magistrate prior to the inmate’s release. These inmates shall be delivered directly to the out-of-state agents when paroled or discharged, on the authority of a waiver signed by a judge or upon a judge’s approval.

The CCRMCorrectional Case Records Manager shall contact and arrange for the appropriate agency to take custody of the inmate on the scheduled parole release date:

• The local law enforcement agency if the inmate has to be taken before a magistrate.

• The out-of-state agency if a waiver has been signed by a judge or upon the judge’s approval.

An inmate/parole violator may be released pursuant to PCPenal Code 4755 for the convenience of an out-of-state transporting agency. [See DOMDepartment Operations Manual 72040.8].

Arrangements must be made sufficiently in advance of the scheduled parole release date to ensure that the appropriate documents (as described in this section of the manual) are available for delivery to the agency assuming custody.

PCPenal Code 1549 provides that when an inmate is wanted in another state for prosecution and is held in this state, the Governor of California and the Governor of the other state may enter into an Executive Agreement. The Department temporarily surrenders custody of the inmate to the other state for prosecution on the condition that the inmate is returned when prosecution is terminated.

Inmates under sentence of death and wanted in another state shall be processed under Executive Agreement.

Upon receipt of an Executive Agreement the CCRMCorrectional Case Records Manager shall arrange to take the inmate before a magistrate, prior to offering him/her to the out-of-state agent. The Executive Agreement is sufficient authorization to remove the inmate from the institution for the hearing.

The CCRMCorrectional Case Records Manager of the releasing California institution shall maintain contact with the other state to ensure the inmate is returned.

If the CCRMCorrectional Case Records Manager finds that the inmate was placed in prison in the other state to serve a sentence, the prosecuting attorney in the other state shall be contacted and an attempt made to have the inmate returned to California in accordance to the Executive Agreement. If the prosecuting attorney refuses to cooperate, the AGAttorney General’s Office shall be contacted for assistance in having the inmate returned to California.

PCPenal Code 1547 through 1558 contain information regarding the Uniform Criminal Extradition Act. These provisions are used when the Department requests extradition to return California escapees or parole violators from outside the state.

When the parole violator or escapee refuses to waive extradition, a number of documents must be supplied to initiate a Governor’s warrant for their return to California.

When returning inmates from outside the state, the following documents shall be supplied to the Interstate Unit which shall prepare the package for the Governor’s warrant:

• Four certified copies by case records staff of each of the information(s)/complaint(s), indictment(s), and Judgment(s)/ commitment(s). Each document must bear two of the following thereon:

• Signature of the county clerk.

• Signature of the judge.

• County seal.

Each document must also be certified by case records staff as a true and correct copy of the original in the C-File.

• Four exemplified (by the Superior Court) copies of each of the information(s)/complaint(s), indictment(s), Judgment(s)/ commitment(s) pursuant to PCPenal Code 1207. Each must be signed by the duly elected county clerk and by the judge of the Superior Court of the county of commitment. Exception: The State of Florida requires an affidavit by the judge stating the judgment and sentence against the individual.

• Four copies of an affidavit executed under penalty of perjury by the CCRMCorrectional Case Records Manager to certify the records covering the inmate’s commitment, subsequent actions by the parole board, subsequent transfers between institutions, assignment to camp, if any, and circumstances of escape.

• Four copies of fingerprints, pictures, and description.

• Statement of where and by whom the fugitive is being held and the means by which the institution has been notified of such facts.

Parole Violators Additional documentation

• The extradition package for the return of a parole violator must include documentation that the parolee is still subject to the jurisdiction of the paroling authority. Therefore, certificates of term fixing actions from the date the parolee was originally received by the Department shall be included.

When the fugitive has waived extradition before a magistrate and agrees to accompany the Department’s agent, staff of the P&CSDParole & Community Services Division (see DAPO) Interstate Unit shall be contacted to arrange pickup of the fugitive. One copy of the waiver shall be forwarded to the Interstate Unit as a necessary document to the state agent’s appointment as the agent authorized to take custody and deliver the fugitive to the proper California authorities (nunc pro tunc). Except in unusual circumstances, the fugitive will be transported by private transportation agents.

Parolees

• At the time transportation is arranged on a parolee, Interstate Unit will contact the regional case records staff requesting that, no later than the next working day, a telecopy of the following documents be sent to the designated reception center:

  • Cumulative Case Summary.

  • Photo.

  • Fingerprint.

• A cover memo boldly marked “Interstate Transportation Case” shall accompany the packet and a copy of the memo shall be telecopied to the attention of the Interstate Transportation Unit.

Inmate

• Upon notification that an inmate/escapee is to be delivered to a designated reception center, a packet will be compiled by the jurisdiction holding the C-file. The packet shall be boldly marked “Interstate Transportation Case” and shall contain in addition to the above named documents the commitment orders.

• The packet will be sent by courier to the designated reception center.

The Deputy Director, Institutions Division, or designee, shall ensure that the contents of this section are accurate and current.

PCPenal Code §§ 1207, 1549.1 – 1558, and 4755.