Section 1: General provisions

The provisions of this section apply to all placements under mobile electronic surveillance ordered pursuant to the provisions of articles 131-36-9 du code pénal or 723-29, 723-30, 731-1 and 763-3 of this code.

The functionalities and approval procedures for the process enabling placement under mobile electronic surveillance are determined by the dispositions de l’article R. 544-7 du code pénitentiaire.

When it receives an application for a measure involving placement under mobile electronic surveillance or when it is considering imposing such a measure ex officio, the sentence enforcement court may instruct the prison administration to ensure the availability of the technical device described in article R. 544-7 du code pénitentiaire as well as the technical feasibility of the project, to verify the family, material and social situation of the sentenced…

The sentence enforcement court may at any time appoint a doctor to verify that the implementation of the procedure mentioned in article R. 544-7 du code pénitentiaire is not harmful to the person’s health. This appointment is made automatically at the request of the person or their counsel. The medical certificate is placed on file.

When it decides to admit a person to a measure involving placement under mobile electronic surveillance, the sentence enforcement court shall notify the person of the conditions under which the measure will be carried out, and in particular the times of assignment, the inclusion zones, the exclusion zones and, where applicable, the buffer zones.

Where the provisions of articles 723-34,763-3 and 763-11, the sentence enforcement court will notify the person concerned of any changes to the conditions under which the mobile electronic surveillance placement is to be carried out.

Penitentiary administration staff install and remove the device provided for in Article R. 544-7 of the Penitentiary Code, as well as monitoring compliance with the sentenced person’s obligations, in accordance with the provisions of Articles R. 544-5, R. 544-8 and R. 544-9 of the same code.

If the sentenced person refuses to have the device fitted, the sentence enforcement judge shall without delay organise the adversarial debate provided for by Article 712-6 to possibly decide on one of the following measures: 1° In the case of conditional release, to withdraw from the prisoner the benefit of his release; 2° In the case of socio-judicial monitoring, to enforce all or part of the term of imprisonment set…

The extension of the duration of placement under mobile electronic surveillance provided for in the fifth paragraph of Article 763-10 is decided in accordance with the procedures laid down by l’article 712-6, following a new assessment of dangerousness, without the need to refer the matter again to the multidisciplinary committee on security measures.

Decisions concerning the modification of the obligations to which the sentenced person is subject, relating to assignment times or exclusion zones, inclusion zones or buffer zones, shall be taken in accordance with the provisions of article 712-8.