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
Subchapter 4 - General Institution Regulations
Article 9.5 - Case Records
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.

(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.