In the event of non-compliance with the obligations incumbent on a convicted offender subject to a sentence of home detention under electronic surveillance, a probationary suspended sentence, a suspended sentence with an obligation to perform community service, socio-judicial monitoring, judicial supervision, a suspended or split sentence or conditional release, the sentence enforcement judge may order, after consulting the public prosecutor, the provisional incarceration of the convicted offender. The same applies when the sentencing court has set, pursuant to second paragraph of article 131-9 of the Criminal Code or the second paragraph of article 131-11 of the same code, a maximum term of imprisonment which the sentence enforcement judge may order to be enforced and the sentenced person does not comply with the obligations or prohibitions resulting from the sentence or sentences handed down.
The provisional committal order may be made by the sentence enforcement judge of the place where the sentenced person is located.
Failing the adversarial hearing provided for in article 712-6 of this code within fifteen days of the sentenced person’s incarceration, the latter shall be released if not detained for another reason. This period is extended to one month when the adversarial hearing must take place before the sentence enforcement court pursuant to the provisions of article 712-7.