Chapter 7 – Adult Case Records Information

72050.3.2 Extradition Upon Executive Agreement

• 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.