Cal. Code Regs. tit. 15 § 3545

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3545 - Persons to Participate in Continuous Electronic Monitoring

(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.

Cal. Code Regs. Tit. 15, § 3545

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.

1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
3. Repealer of subsection (c)(3) and subsection renumbering filed 7-17-2014 as an emergency; operative 7-17-2014 (Register 2014, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-24-2014 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c)(4) filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
5. Certificate of Compliance as to 7-17-2014 order, including amendment of subsection (c)(4), transmitted to OAL 11-7-2014 and filed 12-22-2014; amendments effective 12/22/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 52).
6. Amendment of subsections (d)(2), (d)(4) and (d)(5) and amendment of Note filed 7-8-2022; operative 10/1/2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 27). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
7. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).