Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Violation of parole or violation of the law is not a prerequisite for the
implementation of continuous electronic monitoring technology for the purpose
of subsections
3545(b) or (c)
below.
(b) Adjudicated violations
of parole, as provided for in the Parole Violation Decision Making Instrument,
as described in section
3768, may subject the supervised
person to continuous electronic monitoring as authorized by this
article.
(c) The following target
population may be eligible for continuous electronic monitoring:
(1) Supervised persons classified with a risk
number value of 1, 2, 3, 4, or 5, as described in section
3768.1.
(2) Supervised persons who commit minor
violations of the law.
(3)
Interstate cases.
(4) STG-I
members.
(5) Serious and/or violent
offenders.
(6) Any offenders not
already subject to Global Positioning System (GPS) supervision.
(d) Participation in continuous
electronic monitoring of an eligible supervised person may require the
following, unless otherwise stated:
(1) Shall
be on active parole in the community.
(2) Before placement, the supervised person
shall have a special condition of parole imposed that requires participation
utilizing continuous electronic monitoring technology.
(3) Placement may require the written
recommendation of the Parole Agent and written approval of the Unit
Supervisor.
(4) Any curfew imposed
on the supervised person while on continuous electronic monitoring shall be in
writing and a document articulating the curfew imposed shall be given to the
supervised person. The document, the CDCR Form 1515-EID (Rev. 07/24),
Electronic In-Home Detention (EID) Special Requirement, which is incorporated
by reference, shall be signed by the supervised person. The curfew imposed
shall include a start and stop date for the participation of in-home
confinement restrictions imposed.
(5) The supervised person shall be informed
that non-compliance with the special condition of parole for continuous
electronic monitoring is a violation of parole and may result in a referral to
the local prosecuting authority or the Board of Parole Hearings for revocation
consideration.
(6) The supervised
person's signature on the CDCR Form 1515-EID will acknowledge in writing, the
supervised person's responsibility for the safe return of the continuous
electronic monitoring equipment when discharged from parole or released from
the requirement from electronic monitoring. This will also acknowledge that
upon failure to return the electronic monitoring equipment, the supervised
person may be charged the full replacement cost of each item of equipment not
returned or returned damaged.
(7)
No supervised person shall be required to participate in continuous electronic
monitoring authorized by this article for any period of time longer than the
term of parole.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
1546,
1546.1,
1546.2,
1546.4,
3004,
3010,
3010.1,
3010.2,
3010.3,
3010.4,
3010.5,
3010.6,
3010.7,
3010.8,
3010.9 and
5054, Penal
Code.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
1546,
1546.1,
1546.2,
1546.4,
3004,
3010,
3010.1,
3010.2,
3010.3,
3010.4,
3010.5,
3010.6,
3010.7,
3010.8,
3010.9 and
5054, Penal
Code.
