Section 4755 Of Chapter 6. Local Expenses From California Penal Code >> Title 5. >> Part 3. >> Chapter 6.
4755
. Whenever a person has entered upon a term of imprisonment in
a penal or correctional institution, and whenever during the
continuance of the term of imprisonment there is a detainer lodged
against the prisoner by a law enforcement or prosecutorial agency of
the state or its subdivisions, the Department of Corrections may do
either of the following:
(a) Release the inmate to the agency lodging the detainer, within
five days, or five court days if the law enforcement agency lodging
the detainer is more than 400 miles from the county in which the
institution is located, prior to the scheduled release date provided
the inmate is kept in custody until the scheduled release date.
(b) Retain the inmate in custody up to five days, or five court
days if the law enforcement agency lodging the detainer is more than
400 miles from the county in which the institution is located, after
the scheduled release date to facilitate pickup by the agency lodging
the detainer.
If a person has been retained in custody under this subdivision in
response to the issuance of a warrant of arrest charging a
particular offense and the defendant is released from custody
following the retention period without pickup by the agency lodging
the detainer, a subsequent court order shall be issued before the
arrest of that person for the same offense which was charged in the
prior warrant.
As used in this section "detainer" means a warrant of arrest.