2009 California Penal Code - Section 1210.7-1210.16 :: Chapter 1.4. Electronic Monitoring

PENAL CODE
SECTION 1210.7-1210.16

1210.7.  (a) Notwithstanding any other provisions of law, a county
probation department may utilize continuous electronic monitoring to
electronically monitor the whereabouts of persons on probation, as
provided by this chapter.
   (b) Any use of continuous electronic monitoring pursuant to this
chapter shall have as its primary objective the enhancement of public
safety through the reduction in the number of people being
victimized by crimes committed by persons on probation.
   (c) It is the intent of the Legislature in enacting this chapter
to specifically encourage a county probation department acting
pursuant to this chapter to utilize a system of continuous electronic
monitoring that conforms with the requirements of this chapter.
   (d) For purposes of this chapter, "continuous electronic
monitoring" may include the use of worldwide radio navigation system
technology, known as the Global Positioning System, or GPS. The
Legislature finds that because of its capability for continuous
surveillance, continuous electronic monitoring has been used in other
parts of the country to monitor persons on formal probation who are
identified as requiring a high level of supervision.
   (e) The Legislature finds that continuous electronic monitoring
has proven to be an effective risk management tool for supervising
high-risk persons on probation who are likely to reoffend where
prevention and knowledge of their whereabouts is a high priority for
maintaining public safety.

1210.8.  A county probation department may utilize a continuous
electronic monitoring device pursuant to this section that has all of
the following attributes:
   (a) A device designed to be worn by a human being.
   (b) A device that emits a signal as a person is moving or is
stationary. The signal shall be capable of being received and tracked
across large urban or rural areas, statewide, and being received
from within structures, vehicles, and other objects to the degree
technically feasible in light of the associated costs, design, and
other considerations as are determined relevant by the county
probation department.
   (c) A device that functions 24 hours a day.
   (d) A device that is resistant or impervious to unintentional or
willful damage.

1210.9.  (a) A continuous electronic monitoring system may have the
capacity to immediately notify a county probation department of
violations, actual or suspected, of the terms of probation that have
been identified by the monitoring system if the requirement is deemed
necessary by the county probation officer with respect to an
individual person.
   (b) The information described in subdivision (a), including
geographic location and tampering, may be used as evidence to prove a
violation of the terms of probation.

1210.10.  A county probation department shall establish the
following standards as are necessary to enhance public safety:
   (a) Standards for the minimum time interval between transmissions
of information about the location of the person under supervision.
The standards shall be established after an evaluation of, at a
minimum, all of the following:
   (1) The resources of the county probation department.
   (2) The criminal history of the person under supervision.
   (3) The safety of the victim of the persons under supervision.
   (b) Standards for the accuracy of the information identifying the
location of the person under supervision. The standards shall be
established after consideration of, at a minimum, all of the
following:
   (1) The need to identify the location of a person proximate to the
location of a crime, including a violation of probation.
   (2) Resources of the probation department.
   (3) The need to avoid false indications of proximity to crimes.

1210.11.  (a) A county probation department operating a system of
continuous electronic monitoring pursuant to this section shall
establish prohibitions against unauthorized access to, and use of,
information by private or public entities as may be deemed
appropriate. Unauthorized access to, and use of, electronic signals
includes signals transmitted in any fashion by equipment utilized for
continuous electronic monitoring.
   (b) Devices used pursuant to this section shall not be used to
eavesdrop or record any conversation, except a conversation between
the participant and the person supervising the participant that is to
be used solely for the purposes of voice identification.

1210.12.  (a) A county chief probation officer shall have the sole
discretion, consistent with the terms and conditions of probation, to
decide which persons shall be supervised using continuous electronic
monitoring administered by the county probation department. No
individual shall be required to participate in continuous electronic
monitoring authorized by this chapter for any period of time longer
than the term of probation.
   (b) The county chief probation officer shall establish written
guidelines that identify those persons on probation subject to
continuous electronic monitoring authorized by this chapter. These
guidelines shall include the need for enhancing monitoring in
comparison to other persons not subject to the enhanced monitoring
and the public safety needs that will be served by the enhanced
monitoring.

1210.13.  A county chief probation officer may revoke, in his or her
discretion, the continuous monitoring of any individual.

1210.14.  Whenever a probation officer supervising an individual has
reasonable cause to believe that the individual is not complying
with the rules or conditions set forth for the use of continuous
electronic monitoring as a supervision tool, the probation officer
supervising the individual may, without a warrant of arrest, take the
individual into custody for a violation of probation.

1210.15.  (a)  A chief probation officer may charge persons on
probation for the costs of any form of supervision that utilizes
continuous electronic monitoring devices that monitor the whereabouts
of the person pursuant to this chapter, upon a finding of the
ability to pay those costs. However, the department shall waive any
or all of that payment upon a finding of an inability to pay.
Inability to pay all or a portion of the costs of continuous
electronic monitoring authorized by this chapter shall not preclude
use of continuous electronic monitoring, and eligibility for
probation shall not be enhanced by reason of ability to pay.
   (b) A chief probation officer may charge a person on probation
pursuant to subdivision (a) for the cost of continuous electronic
monitoring in accordance with Section 1203.1b provided the person has
first satisfied all other outstanding base fines, state and local
penalties, restitution fines, and restitution orders imposed by a
court.

1210.16.  It is the intent of the Legislature that continuous
electronic monitoring established pursuant to this chapter maintain
the highest public confidence, credibility, and public safety. In the
furtherance of these standards, the following shall apply:
   (a) The chief probation officer may administer continuous
electronic monitoring pursuant to written contracts and appropriate
public or private agencies or entities to provide specified
supervision services. No public or private agency or entity may
operate a continuous electronic monitoring system as authorized by
this section in any county without a written contract with the county'
s probation department. No public or private agency or entity
entering into a contract may itself employ any person who is a
participant in continuous electronic monitoring surveillance.
   (b) The county board of supervisors, the chief probation officer,
and designees of the chief probation officer shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.


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