Give me some time and I will check it out.

Huskersky, you are so valuable to us here...God bless you.

My understanding from reading through all kinds of information that there is no form.
The penel code 1381 is for the incarcerated held in a State facility. The penel code for the Federal incarcerated is 1381.5. I have provided the information below as to what the penel code states. This is law in the state of California.


CALIFORNIA CODES
PENAL CODE
SECTION 1381-1388



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.


Here is some more information I have located:


The District Attorney (DA) has 90 days from receipt of the form to take the person to trial or dismiss the charges. It is used frequently in the California Department of Corrections and Rehabilitation (CDCR). The inmate writes to Records stating what county has a warrant issued for him and Records researches, prepares the form and sends it to the inmates counselor so the inmate can sign the form. The counselor returns the form to Records, who then mails the form certified mail and tracks the 90 days from the date the DA's office receives the form. After the 90 days are past, Records prepares a Motion for Dismissal, which is sent to the inmate through the counselor. When Records gets the Motion for Dismissal back, they mail it to the appropriate Court.
This is essentially more of a "Memorandum" than a formal "Motion" as that term is usually applied in the law.



Here is more information in a simple man's term:


It is a Demand for Trial that is sent to the DA of the county that charges are pending. It is used frequently in CDCR by the inmates. The inmate writes to Records stating what county has a warrant issued for him and Records researches, prepares the form and sends it to the inmates counselor so the inmate can sign the form. The counselor returns the form to Records, who then mails the form certified mail and tracks the 90 days from the date the DA's office receives the form. The DA has 90 days from receipt of the form to take the filer to trial or dismiss the charges. After the 90 days are past, Records prepares a Motion for Dismissal which is sent to the inmate thru the counselor. When Records gets the Motion for Dismissal back, they mail it to the appropriate Court.



Hope this helps. Sorry it took awhile but wanted to make sure you got the proper information for the proper proceedure in filing this information. As I have stated there is no form for him to mail. It is a form that is drawn up from records of the county his offense is in.


Take Care!

Isn't Huskersky just a doll? Thanks for being so thorough...when you do all this research we all benefit so greatly. We come to understand a little clearer each time how to find out this stuff ourselves. Someday we will be able to help others to find this stuff like you have. Thank you so much.

Hope it goes well for your son RS. Sad, but as moms, we are asigned tasks we have no idea how to fulfill...these children just do not understand this is so new to all of us and we do not know where to find things out. So we are fortunate we all have each other...so many heads to help find answers.

Love you RS hang in there...someday all the running here and there will be over...he will be out hopefully, wiser in all ways, and never will you have to search for
any more needles in haystacks.

Good thing we have our online D.O.C. librarian(sp?)!Huskersky. LOL!


Love Rhea

Life is very challenging at times, isn't it? When it all comes pounding on my head I try to make time to come here to my sanctuary where I have friends who understand and really care. On Christmas Day my adopted Mom and my Son's only grandmother that he had ever known had a bad stroke. It has been hard, but I have faith that it will all work out and be better. I am ok, just overwhelmed.

Huskersky, you are brilliant, very kind and generous. We have had our differences (re: politics), but you have looked beyond that and you are always there for me. You are an incredible woman and I really appreciate you :) I am sure my son will appreciate you, too. Thank you, thank you, thank you ...

Rhea, you are so loving and so supportive. You are like the group Mommy for all of us :) I promise to stay out of trouble, no worries here :)

One more time ... THANK YOU Huskersky!

RS

Yes we may have had our differences about politics but that is what makes us human. We are all different and unique in our own ways. In doing this type of research I really enjoy. It gives me the better understanding what is going on out there. It takes some digging into to find as they do not want us to really know what is going on but God always seems to show me the pathway. I hope the information benefits your son and he is able to get the charges that our outstanding dropped. I'm sorry to here about your mother and will pray for a speedy recovery. Take care.

Yes, Huskersky, you do seem to have a gift in being able to find the answers to such problems. It would be fabulous to know where you find them, because perhaps one day you will have your hubby back and be too busy with other things to do all that you do for all of us here. I am just really grateful for all that you do and your ability to find answers to difficult problems.

Respectfully,
RS

One more thing ... Thank you for your prayers.

RS

Huskersky, we are so lucky to have you!!!!