Cal. Code Regs. tit. 15 § 3563

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

Section 3563 - Global Positioning System-Payments of Certain Costs by Supervised Persons

(a) Supervised persons who are required to participate in continuous electronic monitoring by GPS pursuant to the law shall be required to pay for the costs associated with the GPS system. However, the Department shall waive any or all of that payment upon a finding of an inability to pay. The Department shall consider any remaining amounts the supervised person has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring the supervised person to pay for GPS monitoring.

(1) Ability to pay means the overall capability of the supervised person to reimburse the actual costs or portion of the costs, of providing GPS monitoring.

(2) Overall capability of the person to reimburse the actual costs shall be determined by the Unit Supervisor or designee on a case-by-case basis. Factors to consider are employment status, income level, and other supplemental income sources.

(3) The Department shall consider any remaining amounts a supervised person has been ordered to pay in fines, assessments and restitution fines, fees and orders, and shall give priority to the payment of those items before requiring the supervised person to pay for the GPS monitoring.

(b) If the supervised person disagrees with the Department's finding that the supervised person has the ability to pay for the costs associated with GPS monitoring, the supervised person may file a grievance by submitting a CDCR Form 602-1 (01/22), to the Regional Office of Grievances.

Cal. Code Regs. Tit. 15, § 3563

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 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section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.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 subsections (a)-(a)(1), (a)(3) and (b) 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.
4. 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).
5. Amendment of subsections (a)-(a)(1), (a)(3) and (b) 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.
6. Certificate of Compliance as to 5-23-2017 order transmitted to OAL 8-15-2017 and filed 9/25/2017 (Register 2017, No. 39).
7. Amendment of subsection (b) filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
8. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of subsection (b) (Register 2021, No. 9).
10. Amendment of subsection (b) refiled 2-25-2021 as an emergency, with additional amendment of subsection (b); operative 3/10/2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (b) refiled 10-4-2021 as an emergency, with additional amendment of subsection (b); operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 10-4-2021 order, including further amendment of subsection (b) and amendment of CDCR Form 602-1 (incorporated by reference), transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).
13. 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).