Section 1381.5 Of Chapter 8. Dismissal Of The Action For Want Of Prosecution Or Otherwise From California Penal Code >> Title 10. >> Part 2. >> Chapter 8.
1381.5
. Whenever a defendant has been convicted of a crime and has
entered upon a term of imprisonment therefor in a federal
correctional institution located in this state, and at the time of
entry upon such term of imprisonment or at any time during such term
of imprisonment there is pending in any court of this state any
criminal indictment, information, complaint, or any criminal
proceeding wherein the defendant remains to be sentenced the district
attorney of the county in which such matters are pending, upon
receiving from such defendant a request that he be brought to trial
or for sentencing, shall promptly inquire of the warden or other head
of the federal correctional institution in which such defendant is
confined whether and when such defendant can be released for trial or
for sentencing. If an assent from authorized federal authorities for
release of the defendant for trial or sentencing is received by the
district attorney he shall bring him to trial or sentencing within 90
days after receipt of such assent, unless the federal authorities
specify a date of release after 90 days, in which event the district
attorney shall bring the prisoner to trial or sentencing at such
specified time, or unless the defendant requests, in open court, and
receives, or, in open court, consents to, a continuance, in which
event he may be brought to trial or sentencing within 90 days from
such request or consent.
If a defendant is not brought to trial or for sentencing as
provided by this section, the court in which the action is pending
shall, on motion or suggestion of the district attorney, or
representative of the United States, or the defendant or his counsel,
dismiss the action.