My husband wanted me to see if I could find out for one of his cellies that was caught for possesion and is waiting for his 115. How long do they have to give him a DA Referal and what's the restraint on it? Has anyone had experience with this in the past. Thanks any info would be great. :thumbsup:

My husband wanted me to see if I could find out for one of his cellies that was caught for possesion and is waiting for his 115. How long do they have to give him a DA Referal and what's the restraint on it? Has anyone had experience with this in the past. Thanks any info would be great. :thumbsup:
"How long do they have to give him a DA Referal and what's the restraint on it? Has anyone had experience with this in the past."

It all depends on the DA in the county of the prison. Here in Del Norte (Pelican Bay) they ususally get back with the referrals in about a month. If he is short to the house, they may pick it up. If he's a "lifer" then forget it, they won't waste the money. If they do pick it up and he is supposed to parole, he will be sent to court and teh judge will either set a bail for him, or keep him in custody and give him a "Safekeeper" (S) number. In short, it's really all up to the DA in the county of commitment. Did they pop him with "Conspiracy to Introduce inot the Institution" (for distribution), or simple "Possession"? He will have a better chance of cutting a deal with the "Possession" charge. That has been my observations in the past. HTH and be safe. :)

Thanks I will print and send him your info.

I was just thinking. Can they give him a 115 and the DA referral?

Yes they can.

Thanks guys........ Is there anything in the Title 15 about this? I know how these guys get anxious want info now and i would like to send him something in writing. If there's any place that I can go and read up on this. Thanks in advance.

Starting in 3310 is the section on Inmate Discipline. You could look through there.

For the 115 they have 15 days from the date of discovery to issue him his first copy. Because the issue is Possession, the 15 days starts when the prison receives the test results of the substance saying that it is a Controlled Substance. That could several weeks/months depending on where they send it for testing. So he might not hear anything for a while.