Legal Question in Criminal Law in California

Are you referring to a 90 day diagnostic commitment to the California Department of Corrections, pursuant to Penal Code 1203.03?

In felony cases, where the defendant has already been found guilty by plea or trial, and is awaiting sentencing, the judge can send him or her to a state prison facility for evaluation. The commitment can last no longer than 90 days.

At the end of the commitment, the defendant is transported back to the county jail, and the Department of Corrections sends back a report with the opinions of the prison counselor, psychologist and warden. Each of the three says whether the defendant should get probation or be sent to prison.

This procedure is designed to help judges decide what to do with a defendant when it is a close call between granting probation and imposing a prison sentence.

Judges often use it as a "scared straight" tactic, to give a defendant a look at prison before granting probation.