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§ 3572. Violation of Parole for Disabling or Tampering with the Global Positioning System Monit...

15 CA ADC § 3572Barclays Official California Code of Regulations

Barclays 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 (Refs & Annos)
Subchapter 6. Adult Parole
Article 5. Sex Offenders
15 CCR § 3572
§ 3572. Violation of Parole for Disabling or Tampering with the Global Positioning System Monitor.
(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.

Credits

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3000.08 and 3010.10, Penal Code.
History
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).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 3572, 15 CA ADC § 3572
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