Cal. Code Regs. tit. 15 § 3541

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 3541 - Required Functionality of Continuous Electronic Monitoring Devices

(a) The continuous electronic monitoring device shall:

(1) Be designed to be worn on the ankle by the supervised person. The parole agent, at their discretion, may request modifications to the placement of the device as an alternative form of continuous electronic monitoring. The modification request shall be considered for approval by the Director or designee, Division of Adult Parole Operations, on a case-by-case basis. The modifications may include the supervised person carrying the monitoring device on their person at all times (fanny pack, back pack, belt etc.) and must be kept within reach when showering or sleeping. The device may be attached to any object which would enable a non-ambulatory supervised person the ability to move around, i.e., a wheel chair;

(2) Emit 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 be received from within structures, vehicles, and other objects to the degree technically feasible in light of the associated costs and design.

(b) The device shall function 24 hours a day, seven days a week.

Cal. Code Regs. Tit. 15, § 3541

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section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.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. Change without regulatory effect amending subsection (a)(1) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).