2009 California Penal Code - Section 3010-3010.9 :: Article 2. Electronic Monitoring

PENAL CODE
SECTION 3010-3010.9

3010.  (a) Notwithstanding any other provisions of law, the
Department of Corrections and Rehabilitation may utilize continuous
electronic monitoring to electronically monitor the whereabouts of
persons on parole, as provided by this article.
   (b) Any use of continuous electronic monitoring pursuant to this
article 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 parole.
   (c) It is the intent of the Legislature in enacting this article
to specifically expand the authority of the department acting
pursuant to this article to utilize a system of continuous electronic
monitoring that conforms with the requirements of this article.
   (d) (1) For purposes of this article, "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 parole who are identified
as requiring a high level of supervision.
   (2) For purposes of this article, "department" means the
Department of Corrections and Rehabilitation.
   (e) The Legislature finds that continuous electronic monitoring
has proven to be an effective risk management tool for supervising
high-risk persons on parole who are likely to reoffend where
prevention and knowledge of their whereabouts is a high priority for
maintaining public safety.

3010.1.  The department may utilize a continuous electronic
monitoring device, as distinguished from an electronic monitoring
device as described in Section 3004, 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 department.
   (c) A device that functions 24 hours a day.
   (d) A device that is resistant or impervious to unintentional or
willful damage.

3010.2.  (a) A continuous electronic monitoring system may have the
capacity to immediately notify the department of violations, actual
or suspected, of the terms of parole that have been identified by the
monitoring system if the requirement is deemed necessary by the
parole officer with respect to an individual person.
   (b) This information, including geographic location and tampering,
may be used as evidence to prove a violation of the terms of parole.

3010.3.  The 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 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 parole.
   (2) Resources of the department.
   (3) The need to avoid false indications of proximity to crimes.

3010.4.  (a) The 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 article 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.

3010.5.  (a) The department shall have the sole discretion to decide
which persons shall be supervised using continuous electronic
monitoring administered by the department. No individual shall be
required to participate in continuous electronic monitoring
authorized by this article for any period of time longer than the
term of parole.
   (b) The department shall establish written guidelines that
identify those persons on parole subject to continuous electronic
monitoring authorized by this article. 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.

3010.6.  A parole officer may revoke, in his or her discretion, the
continuous monitoring of any individual.

3010.7.  Whenever a parole 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 officer supervising
the individual may, without a warrant of arrest, take the individual
into custody for a violation of parole.

3010.8.  (a)  The department may charge persons on parole for the
costs of any form of supervision that utilizes continuous electronic
monitoring devices that monitor the whereabouts of the person
pursuant to this article. Inability to pay all or a portion of the
costs of continuous electronic monitoring authorized by this article
shall not preclude use of continuous electronic monitoring and
eligibility for parole shall not be enhanced by reason of ability to
pay.
   (b) Any person released on parole pursuant to subdivision (a) may
be required to pay for that monitoring 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. The department
shall consider any remaining amounts the 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 that the person pay for the continuous electronic
monitoring.

3010.9.  It is the intent of the Legislature that continuous
electronic monitoring established pursuant to this article maintain
the highest public confidence, credibility, and public safety. In the
furtherance of these standards, the following shall apply:
   (a) The department 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 without a
written contract with the 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 department 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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