California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Article 6.6 - Department Recommendation to Recall Sentence and Resentence Incarcerated Person
Section 3076.2 - Referral Based on a Law Enforcement, Prosecutorial, or Judicial Referral

(a) No more than 10 business days after receiving a request from the head of a law enforcement agency, head of a prosecutorial agency, or judicial officer asking that the Secretary consider referring an incarcerated person to a sentencing court pursuant to subdivision (a)(1) of Section 1170.03 of the Penal Code, the Classification Services Unit shall forward a copy of the request to the District Attorney of the county that prosecuted the incarcerated person resulting in their current incarceration in state prison for consideration pursuant to the District Attorney's independent authority to initiate such a referral.

(b) If the District Attorney elects not to refer the incarcerated person for recall and resentencing or the District Attorney does not respond with a decision to the Classification Services Unit within 90 calendar days of the referral, then the Classification Services Unit shall, no more than 10 business days after learning of the District Attorney's decision not to refer, or 90 calendar days after making the referral to the District Attorney described in subsection (a), whichever comes first, prepare a Cumulative Case Summary as described in subsection (b)(3)(D) of section 3076.1 and forward the request and the summary to the Secretary for consideration pursuant to subsection 3076(a).

(c) If the District Attorney elects to refer the incarcerated person to the sentencing court, then the matter shall be considered closed.