Section 3370.5 - Detainers(a) When a detainer is received by the department, the incarcerated person shall be provided a copy of the detainer and written notification concerning any options available to the incarcerated person.(b) An incarcerated person may request resolution of a detainer case by completing the indicated form below and forwarding it to the case records office where the necessary documents shall be prepared for the incarcerated person's signature and mailing. (1) CDC Form 643 (Rev. 4/88), incarcerated person Notice and Demand for Trial to District Attorney, shall be completed to request disposition of untried charges in California.(2) CDC Form 616 (Rev. 4/91), Request for Disposition of Probation (PC 1203.2a), shall be completed to request disposition of probation.(c) If an incarcerated person is not brought to trial within 90 days after the district attorney acknowledged receipt of CDC Form 643, case records staff shall complete and file with the court having jurisdiction of the matter the motion and order to request dismissal of the matter.(d) When a district attorney requests custody of an incarcerated person pursuant to PC section 1389 the incarcerated person shall be provided a copy of the explanation of rights under Article IV of the Interstate Agreement on Detainers.(e) When a request is received for an incarcerated person to appear for sentencing on an out-of-state or federal conviction, the incarcerated person shall be provided notification of their rights with CDCR Form 1673 (Rev. 07/24), Agreement on Detainer -- Right to Request Sentencing. An incarcerated person's demand for sentencing in absentia shall be executed on CDCR Form 1674 (Rev. 07/24), Agreement on Detainer -- Notice of Place of Imprisonment.(f) Each out-of-state agency which has filed a detainer against an incarcerated person shall be notified no later than 60 days before the incarcerated person's pending parole or discharge. Each in-state agency which has filed a detainer against an incarcerated person shall be notified no later than 10 days before the incarcerated person's pending parole or discharge.(g) The incarcerated person shall be released to the agency which first placed a detainer, unless a later detainer is based upon an adjudicated prison sentence in which case the incarcerated person shall be offered to the agency holding the prison sentence detainer. In either case, the other agencies shall be notified which agency assumed custody of the incarcerated person.Cal. Code Regs. Tit. 15, § 3370.5
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1203.2a, 1381, 1389 and 5054, Penal Code; In re Stoliker (1957) 49 Cal. 2nd 75; and Tinghitella v. California (9th Cir. 1983) 718 F.2d 308.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1203.2a, 1381, 1389 and 5054, Penal Code; In re Stoliker (1957) 49 Cal. 2nd 75; and Tinghitella v. California (9th Cir. 1983) 718 F.2d 308.
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order including amendment of subsection (f) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).