Department Operations Manual

72040.1 Policy Detainers shall be processed in a uniform manner to ensure proper disposition. 72040.2

72040.2 Purpose This section sets forth the procedures for the uniform processing of detainers placed against inmates by other agencies or those placed with another agency by the Department. 72040.3

72040.3 Detainers Detainers are written documents received from any facility or law enforcement agency indicating that an inmate is wanted by that agency and specifies the basis for the detainer. Detainers are placed by the Department on any inmate released to another agency prior to their parole or discharge date. These detainers are covered in the DOM 72040.10. Detainers may also be referred to as "holds "or "wants". However, they shall be referred to as "detainers" for this manual. 72040.4

72040.4 Detainers From Other Agencies A letter or FAX from any facility or law enforcement agency requesting that a detainer be placed on an inmate shall be considered sufficient authority for placement of a detainer. If a detainer is received after an inmate has been released to parole or discharge, the following action shall be taken: • If the detainer indicates felony offense and the inmate has been released to parole, case records staff shall telephonically notify the receiving parole regional office as soon as possible and shall send an omnifax copy of the detainer to the parole regional office within three working days. • Case records staff shall also notify the detainer issuing agency by FAX or telephone as soon as possible advising them of the released person's status and the address of the supervising parole office. Within three working days after notification, the detainer shall be returned by USPS to the issuing agency. • If the inmate has been released to discharge, the case records staff shall notify the issuing agency by telephone or FAX of the released person's status and return the detainer by USPS. • If the detainer indicates other than a felony offense, the detainer shall be returned by USPS to the issuing agency within three working days after notification advising them of the released person's status. In the case of parolees, the issuing agency shall be advised of the address of the supervising parole office. • All such actions shall be entered in the holds/warrants/detainers (HWD) log. Unless authorized by the Director, no employee of the Department shall request that a detainer be lifted or make an appeal on behalf of an inmate. If a justifiable hardship is placed on an inmate because of the continuance of a detainer, the Warden shall present a factual statement concerning the circumstances to the Director. Further action shall be taken only with the Director's approval. 72040.5

72040.5 HWD System The HWD system ensures that information regarding any specific or potential detainer is recorded and called to staff attention within four hours of receipt to determine what effect, if any, the hold might have on the inmate’s custody. HWD Coordinator A correctional case records specialist (CRS) shall be designated as the HWD coordinator and shall be under the direct supervision of the correctional case records supervisor (CCRS). CCRS In the absence of the HWD coordinator, the CCRS shall be the HWD coordinator. They shall also review, for completeness and accuracy, the HWD log weekly as well as sign each line entry of the log. Designated HWD Evaluator Designated staff are responsible for evaluating holds and determining whether or not immediate action is necessary. This action may include notifying the watch commander for consideration of higher custody placement and/or notifying the Correctional Counselor or C&PR for casework follow-up. This decision shall be recorded on the CDC Form 850, Detainer Summary, under section "Initial Action Taken" and signed. • Designated staff shall also review detainers received on inmates temporarily housed (en route and out-to-court), as the receiving facility may no longer be appropriate based on the offense. In such cases, the C&PR at the receiving facility shall be contacted. The Warden or RPA is authorized to designate staff to evaluate detainers. However, this responsibility shall not be sub-delegated. Those delegated to evaluate detainers shall come from one of the following staff positions: • C&PR • Watch Commander • Captain • Captain/AW • Assistant RPA • CC-II The designated evaluator shall immediately restrict the inmate's movement to ensure the security of the facility and the public if the evaluation warrants. Note : The title of the position designated shall be submitted to the Deputy Director, Institutions, with a copy to the LAD-PMU. 72040.5.1

72040.5.1 Responsibility The following positions have certain responsibilities to ensure that the detainer system works accurately: Mail Room Supervisor The mail room supervisor shall establish a procedure to ensure that all correspondence to the facility which may include actual or potential hold information is immediately delivered to appropriate records personnel. Such correspondence includes communication from other law enforcement agencies, the DA, USINS and any out-of-state prison or parole division. Note : Inmate mail from the above agencies shall not be delivered to the records office. Case Records Staff All HWD correspondence received by mail, FAX or included in the prison package (reception center cases) shall be immediately opened, date/time stamped, initialed and delivered to the HWD coordinator. Telephonic communication that indicates an inmate may be wanted shall be referred to the HWD coordinator or to designated staff, if the coordinator or CCRS is not available. HWD Coordinator The coordinator shall prepare letters of inquiry or initiate FAX requests to resolve potential holds based on the CDC Form 850's completed by facility staff and complete necessary follow ups on any communication received from law enforcement agencies. The CDC Form 850 shall be attached to the top of the detainer section of the C-File and all such actions shall be entered in the HWD log. • The coordinator's initial request to obtain information (i.e., to request issuance of the hold to the Department) shall be completed within two working days with follow up at the nine-month, 60-day and 10-day audits prior to release. Telephonic follow up should be used at the 10-day audit. If a detainer exists or is believed to exist on an inmate, the HWD coordinator shall prepare a CDC Form 850 documenting the pertinent facts, further identifying, by placing a "P" for a potential hold or an "A" for an actual detainer; in the upper right-hand corner of the form, and immediately contacting the designated staff person responsible for evaluating the potential detainer. The designated staff person shall note the immediate action taken on the CDC Form 850, sign the entry and return the document to the HWD coordinator. • The coordinator shall record any information regarding an actual or potential detainer on a CDC Form 976, HWD Log. This includes information received in the form of documentation, telephonic information, untried indictments, hearsay, inmate statements, etc.. Each line entry on the log shall be initialed by the HWD coordinator, and the log shall be reviewed by the CCRS. The HWD coordinator and OBIS operator shall follow the same procedures outlined in DOM 72040.5.2. Correctional Counselor Upon an inmate's arrival the counselor shall interview the inmate and review all available reports, including, but not limited to: • POR • Abstract of Judgment • Sentencing transcript • Parole reports • Arrest history from CI&I and FBI SSCHs. The counselor shall complete and sign the CDC Form 850 for all felony arrests without dispositions that occurred within two years of the date the inmate was last received by the Department. The counselor shall also complete and sign the CDC Form 850 for misdemeanor offenses that occurred during the same period for inmates who are within three months of release at reception. • The form shall also reflect comments made by the inmate which pertain to recent criminality or references to criminal acts that might be found in the C-File. This form shall be promptly forwarded to the HWD coordinator for follow-up. Note : Counselors at receiving facilities shall review the inmate's C-File and complete an additional CDC Form 850 if information is found to warrant such. Watch Commander The watch commander shall review the CLETS terminal every four hours during first watch, third watch, and on weekends. They shall complete a CDC Form 850 on all actual or potential detainers received. They shall also designate the inmate's custody based on potential or actual detainers received and send a notice to the inmate’s counselor, requesting proper and immediate classification action. The CDC Form 850 shall be delivered to the HWD coordinator for follow up. When the records office is closed the watch commander or AOD shall contact the Identification (ID)/Warrant Unit at (916) 445-6713 or ATSS 485-6713 and request an OBIS inquiry of detainers before moving any inmate to lower custody placement. C&PR Prior to any temporary community leave (TCL), the C&PR or other designated staff shall review the inmate's C-File for hold information and complete the request for temporary leave/removal form. Prior to release to work furlough or parole, the C&PR shall review the inmate's C-File for detainer information and complete the CDC Form 128-G for community correctional center/parole. CSR Before approval for transfer of any inmate, the CSR shall review the inmate's C-File for detainer information and, if appropriate, take the required action. 72040.5.2

72040.5.2 Information on Detainers/Potential Detainers at Reception Centers Incoming mail or other communication from a police department, sheriff or DA's office, the USINS, any federal law enforcement agency, or an out-of- state prison or parole division shall be immediately opened, time stamped, and initialed. The inmate's location shall be determined immediately. Case Records Staff All detainers shall be promptly hand-carried to the HWD coordinator. All information received either at the time of an inmate's arrival or prior to the inmate's arrival, which indicates the subject may be involved in other crimes where a detainer may exist, shall be given to the HWD coordinator (except traffic violations.). Letters of inquiry shall be initiated on matters meeting the criteria for a potential detainer. Potential Detainer Criteria Information considered as a potential detainer shall be: • Felony arrests, without disposition, that occurred within two years of the date the inmate was received by the Department. • Inmate comments about recent criminal acts. • References to recent criminal activity in file material. • Misdemeanor offenses, without disposition, that occurred within two years of the date the inmate was last received by the Department, if the inmate is within three months of release at the time of reception. • Any indication the inmate may be wanted by USINS. Actual Detainer In the reception centers, actual detainers that are included with the "prison package" or arrive before the counselor has begun processing the case shall be reviewed by the HWD coordinator who will sign off the HWD log in the "Initial Disposition" section as an unprocessed case. These detainers shall not be referred to the designated staff member unless there is an apparent security risk such as a potential life term or extremely long determinate sentence. HWD Coordinator A detainer included with information received at the time of the inmate's reception or the detainer arrives before the case has been processed, the HWD coordinator shall review it, prepare a CDC Form 850, and document receipt on the HWD Log as an unprocessed case (as noted above) with necessary paperwork to resolve. The detainer shall then be processed as part of the inmate's prison package by the counselor during the reception center processing. 72040.5.2.1

72040.5.2.1 Permanently Assigned Inmates to Reception Centers Reception centers shall not be required to initiate or follow-up potential HWD requests except for those inmates who are permanently housed at the reception center or pending imminent release. It shall be the responsibility of the receiving facility to review the inmate's C-File for any CDC Form 850s initiated at the reception center and to complete the initial inquiry and any required follow-up as previously specified. • If a move to work furlough, parole, or TCL is approved, the HWD coordinator shall query the OBIS HWD file within 24 hours of the actual move. If there are no holds, the approval of the move shall not be affected. If a "hold" is received on the same day or subsequent to the approval of a move, the HWD coordinator shall immediately notify the C&PR or the Assistant Regional Administrator for review of the move approval and action in accordance with aforementioned procedures for processing detainers. • CLETS inquiries shall be made on all inmates prior to parole or discharge to determine if the inmate is wanted.

72040.5.3 Inmate Housed at Facility/Community Correctional Facility If a detainer is for an inmate housed at a facility/community correctional center, the following shall be accomplished: OBIS Operator The OBIS operator shall enter the information into the computerized HWD file which sets a "flag" in OBIS and on the computer output microfiche (COM). They shall date and initial the "Computer Input" section of the HWD log when information is entered by them. HWD Coordinator The HWD coordinator shall: • Indicate in the HWD Log that the information has been placed into the HWD file, initial the entry, and note the name of the OBIS operator. • Verbally notify the facility counselor or community correctional center Parole Agent and/or designated evaluator, and promptly follow-up with a written notice. • Notify the inmate in writing that a detainer has been received and recorded using a CDC Form 661, Detainer Memorandum. A copy of the detainer shall be provided to the inmate and they shall be advised what action may be taken to request disposition of the detainer. • Acknowledge receipt of the detainer with a letter sent by First Class Mail to the issuing jurisdiction. • Request additional information, if information not contained in the original letter or document is needed for classification, clarification or other purposes. • Post the information on the CDC Form 112, Chronological Inmate History, and CDC Form 144, Control Card. • File the detainer, CDC Form 850, and related correspondence in the HWD section of the C-File. • Enter the actions in the HWD Log. 72040.5.4

72040.5.4 Inmate Not Housed at a Facility If a detainer is for an inmate at another departmental location, the following shall be accomplished: OBIS Operator The OBIS operator shall enter the information into the computerized HWD file. HWD Coordinator The HWD coordinator shall: • Promptly notify the affected location by telephone or FAX and forward the detainer by First Class Mail to the attention of the HWD coordinator. • Enter the actions in the HWD Log. 72040.5.5

72040.5.5 Potential Detainer Revised February 28, 1995 Counselor Where there is any indication of a potential detainer, the counselor shall provide as much information as possible on the CDC Form 850 and hand-carry it to the HWD coordinator. HWD Coordinator The HWD coordinator shall: • Immediately contact the designated staff member responsible for evaluating the necessity for immediate action. • Within two working days after receipt make initial contact with the agency which may hold the warrant/detainer using the FAX or a letter of inquiry to request issuance of a detainer. • A copy of the supporting document (from which the inquiry information is obtained) is to accompany the information request. • Follow-up at the 60-day and 10-day audits. (Follow-up at the 10-day audit shall be by telephone.) • Complete the CDC Form 850 and attach it to the top of the detainer section of the C-File. • Enter action taken in the HWD Log and note with a "P" (potential). • When a detainer is received, update the log, file information, and change the status to "A" (active) following the appropriate steps (see DOM72040.3.2). 72040.5.6

72040.5.6 Detainer Not Identified as Department Inmate If a detainer is received for a person not identified as being in the Department's custody, the HWD coordinator shall: • Telephone the jurisdiction which issued the detainer for possible additional identification data. • If still unable to identify, return the detainer to the issuing jurisdiction and advise that the subject is not in the Department's jurisdiction. • Enter the action in the HWD Log. 72040.5.7

72040.5.7 Detainer Review Prior to Parole/Release to Community Correctional Center Prior to parole or transfer to a community correctional center, the HWD coordinator shall query the HWD file within 24 hours of actual movement. If a detainer arrives on the same day or subsequent to the approval of the move: • The HWD coordinator shall immediately notify the C&PR and the Assistant RPA for review of the move. • The C&PR or Assistant RPA shall notify the HWD coordinator of their decision from the review. 72040.5.8

72040.5.8 Detainer Received After Release or Discharge If a detainer is received after an inmate has been released to parole or discharge, the following action shall be taken: If it indicates a felony offense and the inmate has been released to parole, case records staff shall telephonically notify the receiving parole regional office as soon as possible and shall send an Omnifax copy of the hold to the parole regional office within three working days. • Case records staff shall also notify the detainer issuing agency by FAX or telephone as soon as possible advising them of the released person's status and the address of the supervising parole office. Within three working days after notification, the detainer shall be returned by USPS to the issuing agency. If the inmate has been released to discharge, the case records staff shall notify the issuing agency by telephone or FAX of the released person's status and return the detainer by USPS. If the detainer indicates other than a felony offense, the detainer shall be returned by USPS to the issuing agency within three working days after notification advising them of the released person's status. In the case of parolees, the issuing agency shall be advised of the address of the supervising parole office. Note : All such actions shall be entered in the HWD log. 72040.6

72040.6 Inmate Notification of Detainer and Request for Disposition An inmate may request disposition of a detainer, in writing, directed to case records staff who shall prepare the required legal forms for signature by the inmate. Counseling staff are responsible for delivery of the forms to the inmate, witnessing the signature of the inmate, and return of these forms to records. 72040.6.1

72040.6.1 Disposition of California Detainers If the detainer is from a California agency for untried charges, the inmate may request disposition of pending charges by filing a CDC Form 643, Demand for Trial in accordance with the provisions of PC 1381. Untried Charges Demands for trial should not be initiated in the reception centers. Case Records Staff Case records staff shall mail the CDC Form 643 to the DA by certified mail, return receipt requested. Trial Within 90 Days PC 1381 stipulates a person must be brought to trial within 90 days after written notification of the place of confinement. The 90-day period starts the day the DA acknowledges receipt of the CDC Form 643. Case Records Staff If the inmate is not brought to trial at the conclusion of the 90-day period, case records staff shall prepare: • A CDC Form 668, Affidavit in Support of Motion to Dismiss Pending Charges. • A CDC Form 669, Motion to Dismiss Criminal Charges Pending. • A CDC Form 670, Order of Dismissal. • A CDC Form 1006, Cover Memo - Motion to Dismiss. All of these forms shall be forwarded to the court having jurisdiction of the matter. Violation of Probation If the detainer is for violation of probation in a California county, the inmate may file a request for disposition of probation in accordance with provisions of PC 1203.2a. A CDC Form 616, Request for Disposition of Probation, Waiver of Appearance and Right to Attorney (PC 1203.2a), shall be used to request disposition of probation. Inmate The inmate may fill out a CDC Form 616 and forward it to case records. Case Records Staff Upon the inmate's written request, case records staff shall: • Prepare the form for signature by the inmate. • Mail the completed form to either the Superior Court or probation officer by certified mail, return receipt requested. 72040.6.2

72040.6.2 Out-of-State or Federal Detainers on Untried Charges When a detainer for untried charges is lodged by an agency of the federal government or an agency of a member state of the interstate agreement on detainers (IAD), the interstate form provided shall be used to notify the inmate of the detainer and to request disposition of the pending charges. The IAD does not apply to violation of probation or violation of parole. PC 1389 provides for the surrender of temporary custody of a prisoner to the jurisdiction of the federal government or another state which is signatory to the IAD where they are wanted for prosecution, except Louisiana and Mississippi. 72040.6.2.1

72040.6.2.1 Non-Member State of IAD If a detainer is lodged for untried charges by an agency of a state which is not a member of the IAD, the inmate may only be released for trial in accordance with an executive agreement between governors in compliance with PC 1549. 72040.6.2.2

72040.6.2.2 Custody Requested When a prosecutor requests custody of an inmate pursuant to PC 1389, Article IV, the following shall be done: Case Records Staff Case records staff shall provide the inmate (by their counselor) with a copy of the explanation of inmate's rights under article IV of the interstate agreement. Afford the inmates an opportunity to sign a form II of the IAD wherein the inmate waives extradition to: • The proceedings contemplated in the requesting state. • Serve sentence after completion of the California sentence. Court Arraignment If the inmate does not sign a form II, case record staff shall make arrangements for the inmate to be taken before a magistrate prior to the offer of temporary custody being issued (PC 1550.1). The purpose of the court arraignment is to give the inmate an opportunity to waive their right to petition for a Writ of Habeas Corpus and to waive the 30- day period for the Governor's intervention. Inmate Waiver This waiver is accomplished by the inmate completing a CDC Form 1668-A, Agreement to Temporary Transfer of Custody in the presence of the court and the court signing the form. Inmate Does Not Waive If the inmate refuses to waive their rights, the court shall fix a reasonable time for the inmate to file a petition for a Writ of Habeas Corpus. When the time has elapsed, a hearing guided by extradition law shall be held. 72040.6.3

72040.6.3 Inmate Demands Trial If the inmate demands trial and waives extradition by executing Form II, a court arraignment is not required and case records staff shall proceed on the basis of the inmate's demand for trial pursuant to PC 1389, Article III. 72040.6.3.1