Section 6: Placement under electronic surveillance

The sentence enforcement judge may provide that the sentence will be served under the regime of home detention under electronic surveillance defined by the Article 132-26 of the Criminal Code either in the event of a sentence of one or more custodial sentences whose total duration does not exceed two years, or where the sentenced person still has to serve one or more custodial sentences whose total duration does not…

Where the provisions of Article 132-26 du code pénal, the sentence enforcement judge shall determine the terms and conditions for the implementation of home detention under electronic surveillance by means of a non-appealable order within a maximum period of four months from the date on which the sentence becomes enforceable and within a period of five working days when the sentencing court has ordered the placement or continued detention of…

The enforcement of the measure is monitored by means of a process that remotely detects the presence or absence of the sentenced person in the only place designated by the sentence enforcement judge for each set period. The implementation of this process may result in the person assigned being required to wear a device incorporating a transmitter throughout the period of home detention under electronic surveillance. The process used is…

The person under electronic surveillance is placed under the control of the sentence enforcement judge in whose jurisdiction he or she is assigned. Remote monitoring of home detention under electronic surveillance is carried out by prison administration officials who are authorised, for the performance of this mission, to implement automated processing of nominative data. The implementation of the technical device enabling remote monitoring may be entrusted to a person under…

The sentence enforcement judge may also subject the person placed under electronic monitoring to the measures set out in articles 132-43 to 132-46 of the Penal Code. It may in particular subject the sentenced person to one or more of the supervision measures or obligations mentioned in articles 132-44 and 132-45 of the Penal Code.

The sentence enforcement judge may, on his or her own initiative or at the request of the sentenced person, and after obtaining the opinion of the public prosecutor, modify the conditions for carrying out home detention under electronic surveillance as well as the measures provided for in Article 723-10.

The sentence enforcement judge may at any time appoint a doctor to verify that the implementation of the procedure mentioned in the first paragraph of article 723-8 does not pose a health risk to the sentenced person. This appointment is made automatically at the request of the offender. The medical certificate is added to the file.

The sentence enforcement judge may withdraw the decision for home detention under electronic monitoring either in the event of non-compliance with the prohibitions or obligations provided for in article 132-26 of the Criminal Code, notorious misconduct, failure to comply with measures ordered pursuant to article 723-10 of this code, a new conviction or refusal by the sentenced person of a necessary change to the conditions of enforcement, or at the…

A decree in the Council of State shall determine the conditions of application of this section.