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 3572 - Violation of Parole for Disabling or Tampering with the Global Positioning System Monitor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A sex
					 offender subject to GPS monitoring by the Department as a condition of parole, shall
					 not remove, disable, render inoperable, or knowingly circumvent the operation of,
					 nor permit another person to remove, disable, render inoperable, or knowingly
					 circumvent the operation of, an electronic, GPS, or other monitoring device affixed
					 to his or her person, when he or she knows that the device was affixed as a
					 condition of parole.
(b) This section
					 shall not apply if the removal, disabling, rendering inoperable, or circumventing
					 of, an electronic, GPS, or other monitoring device, is performed by a physician,
					 emergency medical services technician, or by any other emergency response or medical
					 personnel when doing so is necessary during the course of medical treatment of the
					 person subject to monitoring.
(c) This
					 section shall not apply if the removal, disabling, rendering inoperable, or
					 knowingly circumventing the operation of an electronic, GPS, or other monitoring
					 device, is authorized or required by a court, or the law enforcement, probation,
					 parole authority, or other entity responsible for placing the monitoring device on
					 the person, or that has, at the time, the authority and responsibility to monitor
					 the electronic, GPS, or other monitoring device.
(d) When probable cause is discovered that a sex
					 offender has removed, disabled, rendered inoperable, knowingly circumvented the
					 operation of, or attempted to circumvent the operation of, or permitted another
					 person to remove, disable, render inoperable, or knowingly circumvent the operation
					 of the monitoring device, notwithstanding subsections
					 3572(b) and
					 3572(c) above, DAPO
					 shall refer the violation to superior court.
1. New 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. New 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 subsection
						(a) 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
						  3000.08 and
						  3010.10, Penal
						  Code.