MY MAN IS IN THE HOLE IN CTF SOLEDAD FOR THREATING A CORRECTIONAL OFFICER. WHAT HAPPENS NEXT? DOES HE GET ANOTHER CHARGE? OR A 115?
IF ITS NOT ONE THING ITS ANOTHER
THANKS FOR ALL OF YOUR HELP!! ITS GREATLY APPRECIATED!!!

TAKE CARE
JENNIFER:o

Threatening a Peace Officer isn't DA Referable but he will receive a 115. If found guilty he could lose up to 150 days.

THANKS I APPRECIATE YOU ANSWERING MY POST
:thumbsup: :)

Threatening a Peace Officer isn't DA Referable but he will receive a 115. If found guilty he could lose up to 150 days.I think you need to recheck your Title 15 Sarge. Threatening a Public Official (of which a Peace Officer is) is a DA referral. Although very few make it to the court, on rare occasions they do. It is also a SHUable offense. Which means he can be given a SHU term for the threats. More than likely if he assessed a SHU term he will fulfill it by staying in the Ad Seg at his prison. If he has priors, the SHU term may increase and he could be sent to PB SHU for his term.

I have never seen a case of threatening a peace officer refered to the DA at any of the prisons I have worked. I suppose some prisons might do it, but I haven't seen one.

Title 15 section 3316 says that ALL cases should be sent to the DA for possible prosecution. However, the DA can send the Institution a list of criteria that determines what crimes he wants and what crimes he doesn't. I have never seen a DA want Threatening a Peace Officer cases.

But there are a lot of prisons in California and I haven't worked them all.

I have never seen a case of threatening a peace officer refered to the DA at any of the prisons I have worked.
Check the top of the 837A for Threatening a Public Offical, and you will see that the box "DA Referral [X] Yes [ ] No", "Yes" will be checked. ;)

I have never done an Incident Package for Threatening a Peace Officer. We usually just lock them up and write them a 115.

At least where I have worked.