reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 2 - Preventing Parolee Crime Program › Section 3523 - Procedures for Placing Parolees in a Component Program of the Preventing Parolee Crime Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parole
					 agents may place parolees in a Component Program of the Preventing Parolee Crime
					 Program utilizing the CDCR Form 1502 (Rev. 10/06), Activity Report.
(b) Placement into some Component Programs of the
					 Preventing Parolee Crime Program may require placement into a county outside of the
					 parolee's county of last legal residence, as defined in PC section
					 3003. When reviewing a transfer outside
					 of the county of last legal residence, the parolee's compliance with the
					 requirements of PC section
					 3003 must be considered.
(c) A parolee's continued presence in a Component
					 Program of the Preventing Parolee Crime Program is contingent upon the parolee
					 participating in the program and is at the discretion of the Component Program
					 facilitator and the parole agent. The parole unit supervisor will consider all case
					 factors and the parolee's overall adjustment into the community and make the final
					 decision on any issues that cannot be resolved between the Component Program
					 facilitator and the parole agent.
1. New section
						filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  3003,
						  3068 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 2 - Preventing Parolee Crime Program › Section 3524 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 2 - Preventing Parolee Crime Program › Section 3525 - Preventing Parolee Crime Program Site Restriction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 Preventing Parolee Crime Program Component Programs, as described in section
					 3521, shall ensure that the property
					 line of any new program facility meets the following site restriction criteria:
(1) Compliance with all local ordinance zoning
					 restrictions.
(2) The property line of
					 the facility is no closer than 300 feet from a school, park, daycare facility, or
					 place where children regularly gather.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 2 - Preventing Parolee Crime Program › Section 3526 - Status While Participating in the Preventing Parolee Crime Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parolees shall remain on active parole status while
						participating in the Preventing Parolee Crime Program.
1. New section
						filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  3068 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 2 - Preventing Parolee Crime Program › Section 3527 - Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Preventing Parolee Crime Program will be continually
						monitored to examine the program's impact upon the supervision, control, and
						sanction of parolees under the jurisdiction of the sampled parole units.
1. New section
						filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  3068 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 3 - Electronic Monitoring › Section 3540 - Continuous Electronic Monitoring Technology

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department of Corrections and Rehabilitation (department) may use continuous
					 electronic monitoring technology to monitor the whereabouts of a parolee who
					 requires electronic surveillance. The use of continuous electronic monitoring
					 technology may be utilized:
(1) As an additional
					 supervision tool for parolees who are identified as requiring a higher level of
					 supervision pursuant to section
					 3545.
(2) To verify compliance with parole conditions,
					 and to investigate suspicious patterns of behavior;
(3) As an alternative tool for addressing remedial
					 sanctions in lieu of a revocation proceeding and return of a parolee into
					 custody.
(4) To monitor all parolees who
					 require Global Positioning System (GPS) monitoring, as described in section
					 3560, while under parole
					 supervision.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 3 - Electronic Monitoring › Section 3541 - Required Functionality of Continuous Electronic Monitoring Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 continuous electronic monitoring device shall:
(1)
					 Be designed to be worn on the ankle by the parolee. The parole agent, at his or her
					 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 parolee
					 carrying the monitoring device on his or her 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 parolee 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.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 3 - Electronic Monitoring › Section 3542 - Notification of Parole Violations by Continuous Electronic Monitoring System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A continuous
					 electronic monitoring system has the capacity to pinpoint the parolee's location,
					 compliance with curfews, orders to stay away from predetermined locations, and
					 compliance with other special conditions of parole. The system may immediately
					 notify the department of predetermined faults, parameters, and system indicators
					 that may indicate actual or possible violations of the terms and conditions of
					 parole.
(b) This information, including
					 geographic location and tampering, may be used as evidence to prove a violation of
					 the terms and conditions of parole.
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).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  3010,
						  3010.1,
						  3010.2,
						  3010.3,
						  3010.4,
						  3010.5,
						  3010.6,
						  3010.7,
						  3010.8,
						  3010.9 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 3 - Electronic Monitoring › Section 3543 - Public Safety Standards for Minimum Time Between Transmission and Accuracy of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department establishes the following minimum performance
						standards for a continuous electronic monitoring system to enhance public
						safety:
(a) On a case-by-case basis,
					 determining the minimum time interval between transmissions of information about the
					 location of the individual parolee under parole supervision shall be based on the
					 following, which shall include, but not be limited to:
(1) The resources of the department.
(2) The criminal history and case factors of the
					 parolee under parole supervision.
(3)
					 The safety of the victim of the parolee under parole supervision.
(4) The most current technology available to the
					 department.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 3 - Electronic Monitoring › Section 3544 - Prohibitions Against Unauthorized Access to and Use of Continuous Electronic Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No private
					 or public entities, shall have access to, and use of, electronic signals transmitted
					 in any fashion by equipment utilized for continuous electronic monitoring.
					 Unauthorized access to, and use of, electronic signals includes signals transmitted
					 in any fashion by equipment utilized for continuous electronic monitoring. Only
					 those entities with the express written consent of the department shall be allowed
					 access, and only for the terms and conditions stated in writing.
(b) Devices used pursuant to this Article shall
					 not be used to eavesdrop or record any conversation, except a conversation between
					 the parolee and the supervising parole agent. The continuous electronic monitoring
					 technology is to be utilized solely for the purposes of voice identification and
					 verification of the parolee's geographic location in the community.
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).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  3010,
						  3010.1,
						  3010.2,
						  3010.3,
						  3010.4,
						  3010.5,
						  3010.6,
						  3010.7,
						  3010.8,
						  3010.9 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 3 - Electronic Monitoring › Section 3545 - Persons to Participate in Continuous Electronic Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Violation of
					 parole or violation of the law is not a prerequisite for the implementation of
					 continuous electronic monitoring technology for the purpose of subsections
					 3545(b) or (c)
					 below.
(b) Adjudicated violations of
					 parole, as provided for in the Parole Violation Decision Making Instrument, as
					 described in section
					 3768, may subject the parolee to
					 continuous electronic monitoring as authorized by this article.
(c) The following target population may be
					 eligible for continuous electronic monitoring:
(1)
					 Parolees classified with a risk number value of 1, 2, 3, 4, or 5, as described in
					 section 3768.1.
(2) Parolees who commit minor violations of the
					 law.
(3) Interstate cases.
(4) STG-I members.
(5) Serious and/or violent offenders.
(6) Any offenders not already subject to Global
					 Positioning System (GPS) supervision.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 3 - Electronic Monitoring › Section 3546 - Revocation of Continuous Electronic Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon approval from the unit supervisor, a parole agent may
						deem the use of continuous electronic monitoring as inappropriate and revoke the
						continuous electronic monitoring of any participating parolee unless mandated by the
						law.
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).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  3010,
						  3010.1,
						  3010.2,
						  3010.3,
						  3010.4,
						  3010.5,
						  3010.6,
						  3010.7,
						  3010.8,
						  3010.9 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 3 - Electronic Monitoring › Section 3547 - Noncompliance with Rules or Conditions of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon approval from the unit supervisor, whenever a parole
						agent supervising a parolee has reasonable cause to believe that the parolee is not
						complying with the rules or special conditions of parole set forth for the use of
						continuous electronic monitoring as a supervision tool, the parole agent, without a
						warrant of arrest, may take the parolee into custody for a violation of
						parole.
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).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  3010,
						  3010.1,
						  3010.2,
						  3010.3,
						  3010.4,
						  3010.5,
						  3010.6,
						  3010.7,
						  3010.8,
						  3010.9 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 3 - Electronic Monitoring › Section 3548 - Payments of Certain Costs by Parolees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
					 released on parole who is required to participate in continuous electronic
					 monitoring, may be required to pay for that electronic surveillance upon a finding
					 by the department of the ability of the parolee to pay those costs. However, the
					 department shall waive any or all of that payment upon a finding of an inability to
					 pay.
(1) Ability to pay means the overall
					 capability of the person to reimburse the actual costs or portion of the costs, of
					 providing continuous electronic 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,
					 supplemental income sources and total monthly household expenses.
(3) The department shall consider any remaining
					 amounts a 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.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 4 - Global Positioning System Program › Section 3560 - Global Positioning System Program Establishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Departmental use of Global Positioning System (GPS) technology
						is designed to monitor the whereabouts of persons on parole by use of continuous
						electronic monitoring. The GPS program is for parolees who are identified as
						requiring a high level of supervision, as described in section
						3561. By placing a GPS monitoring
						device on a parolee, a Parole Agent receives information about a parolee's
						whereabouts, verifies the parolee's compliance with parole conditions, and is able
						to investigate suspicious behavior patterns.
1. New article
						4 (sections 3560-3565) and 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 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 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).
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.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 4 - Global Positioning System Program › Section 3561 - Global Positioning System Technology on Eligible Parolees Designated as High Risk

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 California Department of Corrections and Rehabilitation (the Department) shall
					 evaluate all parolees' criminal history and identify those parolees who require a
					 high level of supervision, due to the risk of victimizing the public by committing
					 new crimes while on parole.
(b) Parolees
					 who are deemed to require a high level of supervision and subject to GPS monitoring
					 include, but are not limited to:
(1) Any parolee
					 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 parolee's case
					 factors include unavailability for supervision, history of absconding parole
					 supervision, escalating parole violations, or other such factors that would indicate
					 the parolee is likely to re-offend, and where prevention of reoffending and
					 knowledge of the whereabouts of the parolee is a high priority for maintaining
					 public safety.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 4 - Global Positioning System Program › Section 3562 - Global Positioning System Monitoring Device Placement Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Placement of a Global Positioning System (GPS) Monitoring
						device on an eligible parolee shall require the following:
(a) The parolee shall be on active parole in the
					 community.
(b) Prior to placement, the
					 parolee shall have a special condition of parole imposed which requires his or her
					 participation in GPS monitoring.
(c) The
					 parolee shall be informed that noncompliance with the special condition of parole
					 for GPS monitoring is a violation of parole and may result in the parolee's arrest
					 and filing of a revocation petition in the superior court.
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 (c)
						and 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.
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 subsection (c) and 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.
6.
						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).
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.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 4 - Global Positioning System Program › Section 3563 - Global Positioning System-Payments of Certain Costs by Parolees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parolees 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 parolee
					 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
					 parolee to pay for GPS monitoring.
(1) Ability to
					 pay means the overall capability of the parolee 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 parolee 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 parolee to pay for the
					 GPS monitoring.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 4 - Global Positioning System Program › Section 3564 - Requirement for Lifetime Global Positioning System Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any parolee
					 who has been convicted for a felony violation of a sex offense described in
					 subdivision (c) of Penal Code (PC) section
					 290 or any attempt to commit any of
					 those offenses, released from custody on or after November 8, 2006, shall be subject
					 to lifetime GPS monitoring. GPS monitoring shall commence within 48 hours of release
					 from a State correctional facility, or during the first contact with a Parole Agent,
					 whichever is sooner.
(b) The Department
					 shall maintain GPS monitoring for the entire period of parole supervision.
					 Responsibility for lifetime supervision on GPS monitoring will be transferred to
					 another agency upon discharge from parole supervision and termination of
					 departmental jurisdictional authority.
(c) An active parolee subject to lifetime GPS
					 monitoring shall remain on continuous GPS monitoring for the duration of parole
					 unless the parolee is in federal, state, or local custody pending criminal charges
					 or serving an imposed sentence.
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)-(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)-(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).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  3004 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 4 - Global Positioning System Program › Section 3565 - Transitioning Sex Offenders from Global Positioning System Monitoring to Local Law Enforcement Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An active
					 parolee subject to lifetime GPS monitoring upon release from custody shall be
					 monitored by the Department until discharged from parole and departmental
					 jurisdiction.
(b) Between 60-90 days
					 prior to the parolee's Controlling Discharge Date (CDD), Department staff shall
					 notify, in writing, the assuming agency of the pending discharge. Department staff
					 shall:
(1) Make the parolee available to the
					 assuming agency within five working days prior to the CDD to transition the parolee
					 from departmental GPS equipment to the assuming agency's equipment.
(2) Notify the assuming agency if the parolee is
					 to be discharged directly from custody.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 5 - Sex Offenders › Section 3570 - Definition of a Sex Offender

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of Subchapter 6, sex offender means any
						person currently under the jurisdiction of the Department who has a current or prior
						conviction, or juvenile adjudication resulting in a commitment to a California Youth
						Authority or Division of Juvenile Justice facility, listed in PC sections
						290(c),
						290.001,
						290.002,
						290.003,
						290.004,
						290.005,
						290.006,
						290.007, or
						290.008. A sex offender will be
						required to register upon release from custody in accordance with the Sex Offender
						Registration Act, Chapter 5.5, PC sections
						290 through
						294, inclusive.
1. Repealer of
						reserved section heading and new section heading and section 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.
2.
						Repealed by operation of Government Code section
						11346.1(g)
						(Register 2017, No. 19).
3. Repealer of reserved section heading and new
						section heading and section 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.
4.
						Certificate of Compliance as to 5-23-2017 order, including amendment of section and
						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).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  290,
						  290.001,
						  290.002,
						  290.003,
						  290.004,
						  290.005,
						  290.006,
						  290.007 and
						  290.008, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 5 - Sex Offenders › Section 3571 - Sex Offender Residence Restrictions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Sex offenders may be subject to residence restrictions as
						specified in this section with the approval of the Unit Supervisor, on a
						case-by-case basis based on the particularized circumstances of each individual
						parolee.
(a) Definitions. For the purposes
					 of this section, the following terms are defined:
(1) Park means an outdoor public area used
					 primarily for recreational purposes. A determination of whether an area is a park
					 shall not be limited to a consideration of whether the area includes a play
					 structure, athletic field or court, or any other particular characteristic, but
					 shall be based on an overall evaluation of whether the area is used for recreational
					 purposes.
(2) Regularly means occurring
					 on a recurring basis.
(3) Gather means
					 to congregate or come together with one another.
(4) Park where children regularly gather means a
					 park, as described in section
					 3571(a)(1), where
					 persons under the age of 18 congregate or come together with one another either with
					 or without parental or guardian supervision.
(5) Public Area means an area that any
					 governmental entity owns, operates, leases, rents, or otherwise legally controls as
					 if owned by the governmental entity. "Governmental entity," for the purposes of this
					 section, includes, but is not limited to: the United States, any state, any county,
					 any city, any special district, or any subdivision thereof.
(6) Residence restriction means a condition of
					 parole, or an instruction from the Parole Agent prohibiting a parolee from residing
					 at a location based on criteria related to the residence and the parolee's specific
					 individual circumstances pursuant to subsection
					 3571(b).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 6 - High Risk Sex Offenders › Section 3580 - Definition of a High Risk Sex Offender

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A High Risk Sex Offender (HRSO) is an inmate or parolee
						required to register pursuant to the Sex Offender Registration Act, including PC
						sections 290(c),
						290.001,
						290.002,
						290.003,
						290.004,
						290.005,
						290.006,
						290.007, or
						290.008, and who also has been assessed
						by the Department pursuant to sections
						3573(a) and (b) and
						based on his or her score on the risk assessment, has been designated as a
						HRSO.
1. Repealer of
						reserved section heading and new section heading and section 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.
2.
						Repealed by operation of Government Code section
						11346.1(g)
						(Register 2017, No. 19).
3. Repealer of reserved section heading and new
						section heading and section 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.
4.
						Certificate of Compliance as to 5-23-2017 order, including amendment of section,
						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).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  290,
						  290.001,
						  290.002,
						  290.003,
						  290.004,
						  290.005,
						  290.006,
						  290.007,
						  290.008 and
						  3000.08, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 6 - High Risk Sex Offenders › Section 3581 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 6.5 - Transient Sex Offender Supervision › Section 3590 - Transient and Residence Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To establish
					 a residence pursuant to Penal Code (PC) section
					 290.011, a parolee must regularly
					 reside at a location or locations. The complete set of circumstances will be
					 considered to determine whether a parolee has established a residence or whether the
					 parolee is a transient sex offender as defined in section
					 3000. For the purposes of this section,
					 a parolee who spends one day or one night in a shelter or structure that can be
					 located by a street address, including but not limited to houses, apartment
					 buildings, motels, hotels, homeless shelters, and recreational and other vehicles,
					 may be determined to have established a residence if other circumstances are
					 present. These circumstances include, but are not limited to:
(1) The parolee resides one day or night at the
					 same address every week, for multiple consecutive weeks, thus establishing a pattern
					 of residency.
(2) The parolee resides
					 two or more consecutive days or nights at the same address, or two or more days or
					 nights at the same address in a period that would appear to establish a pattern of
					 residency.
(3) The parolee is in
					 possession of a key to an address where he or she is located and there is evidence
					 of a pattern of residency.
(4) Upon
					 contacting the parolee at an address where he or she is located or has been
					 residing, evidence exists that he or she has established residency. Evidence would
					 include, but is not limited to, clothing in a closet or drawer, toiletries in a
					 bathroom, or information from occupants and/or neighbors. Such evidence may
					 establish a pattern of residency.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 6.5 - Transient Sex Offender Supervision › Section 3590.1 - Approved Regular Entrance at an Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Transient sex offenders are permitted the following repeated
						and regular entries at an address and such entries shall not be considered as
						establishing residency:
(a) For the purpose
					 of charging the Global Positioning System (GPS) device as directed in the sex
					 offender's conditions of parole.
(b) For
					 the purpose of employment previously approved by the Parole Agent.
(c) For the purpose of conducting legitimate
					 business in a licensed business, professional, or government building.
(d) For the purpose of obtaining care, treatment,
					 or other services provided by licensed providers.
1. New section
						filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency
						language will be repealed by operation of law on the following day.
2.
						Repealed by operation of Government Code section
						11346.1(g)
						(Register 2011, No. 48).
3. New section refiled 12-1-2011 as an
						emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code
						section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency
						language will be repealed by operation of law on the following day.
4.
						Certificate of Compliance as to 12-1-2011 order, including repealer of subsection
						(a) designator and redesignation of former subsections (a)(1)-(4) as new subsections
						(a)-(d), transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No.
						14).
5. Amendment 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.
6.
						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).
7. Amendment 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.
8.
						Certificate of Compliance as to 5-23-2017 order transmitted to OAL 8-15-2017 and
						filed 9-25-2017 (Register 2017, No. 39).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 7 - Parole Searches › Section 3600 - Searches of Parolees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 contraband or evidence of illegal activity shall be seized by the parole agent or
					 the law enforcement officer conducting a search of a parolee's person, property, or
					 residence. Property not belonging to the parolee shall be seized only when needed as
					 evidence to support a parole violation charge.
(b) Property seized as evidence by departmental
					 staff shall be documented on a CDCR Form 1136 (Rev. 2/17), Evidence/Property Report
					 and Inventory Receipt, which is incorporated by reference. A copy of the form will
					 be available to either the parolee or a responsible adult, or left at the place of
					 seizure.
(c) Only those areas of a
					 parolee's residence occupied solely by the parolee or of common access shall be
					 searched without a search warrant.
(d) A
					 parole agent's authority to search or arrest a parolee applies to all law
					 enforcement officers in California as long as it is judicious and conducted for
					 legitimate law enforcement purposes.
(e)
					 If Division of Adult Parole Operations (DAPO) staff's forced entry, or if forced
					 entry by peace officers of another agency upon the explicit request of DAPO staff,
					 into a structure results in damages to the structure, the parole office shall make
					 available to the landlord, owner, or owner's representative, the Department of
					 General Services' DGS ORIM 06 (Rev. 05/2017), Government Claim Filing Instructions
					 and DGS ORIM 06 (Rev. 05/2016), Government Claim Form, which is incorporated by
					 reference, for filing a claim against the State.
1. Change
						without regulatory effect adding article 7 (section
						3600) and renumbering former section
						3701.1 to new section
						3600 filed 7-30-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 31).
2. Amendment of subsections (b) and
						(d), repealer of subsections (d)(1)-(3) and amendment of subsection (e) filed
						6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
3. Amendment of
						subsections (b) and (e) and amendment of NOTE filed 11-27-2017; operative 1-1-2018
						(Register 2017, No. 48).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  3067 and
						  5054, Penal Code;
						  Sections
						  13950 and
						  13951,
						  Government Code; People v. Giles, 233 Cal.App.2nd 643, 43 Cal.Rptr. 758 (1965); and
						  People v. LaJocies 119 Cal.App.3d 947, 174 Cal.Rptr. 100 (1981).
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.