Cal. Code Regs. tit. 15 § 3561

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 3561 - Global Positioning System Technology on Eligible Supervised Persons Designated as High Risk

(a) The California Department of Corrections and Rehabilitation (the Department) shall evaluate all supervised persons' criminal history and identify those supervised persons who require a high level of supervision, due to the risk of victimizing the public by committing new crimes while on parole.

(b) Supervised persons who are deemed to require a high level of supervision and subject to GPS monitoring include, but are not limited to:

(1) Any supervised person who is required to register as a sex offender pursuant to the Sex Offender Registration Act, codified in Penal Code (PC) sections 290 through 290.023.

(2) Any validated Security Threat Group member or associate as indicated on the CDCR Form 812 (Rev. 11/13), Notice of Critical Case Information-Safety of Persons (Non-confidential Enemies) or CDCR Form 128-B2, (Rev. 06/14) Security Threat Group Validation/Rejection Review, which is incorporated by reference.

(3) When any supervised person's case factors include unavailability for supervision, history of absconding parole supervision, escalating parole violations, or other such factors that would indicate the supervised person is likely to re-offend, and where prevention of reoffending and knowledge of the whereabouts of the supervised person is a high priority for maintaining public safety.

Cal. Code Regs. Tit. 15, § 3561

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3000.08, 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section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.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. Amendment of subsection (b)(2) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
4. Amendment of subsections (a)-(b) and (b)(2), repealer of subsections (b)(3) and (b)(5), subsection renumbering and amendment of Note filed 10-10-2016 as an emergency; operative 10-10-2016 (Register 2016, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-20-2017 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-10-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 19).
6. Amendment of subsections (a)-(b) and (b)(2), repealer of subsections (b)(3) and (b)(5), subsection renumbering and amendment of Note refiled 5-23-2017 as an emergency; operative 5-23-2017 (Register 2017, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-21-2017 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-23-2017 order, including amendment of Note, transmitted to OAL 8-15-2017 and filed 9-25-2017; amendments effective 9/25/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 39).
8. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).