Department of Corrections and Rehabilitation - Operations Manual

Chapter 7 – Adult Case Records Information

Article 7 – Extraditions

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72050.3 Extradition Upon Release to Parole

  • 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.