Section 2: Security surveillance

Security surveillance for a period of two years may be ordered and, where appropriate, renewed by the regional court for security retention, in respect of the persons mentioned in Article 706-53-13, following judicial supervision, socio-judicial monitoring or secure detention, in accordance with the articles 723-37, 763-8 et 706-53-19. The regional court for security retention shall rule on a proposal from the multidisciplinary commission for security measures.

The opinion of the multi-disciplinary committee on security measures proposing placement under security surveillance or renewal of this measure is given in the light of the information contained in the person’s individual file kept, as the case may be, at the prison or by the sentence enforcement judge and a medical assessment noting the persistence of his dangerousness, without it being necessary to carry out the multi-disciplinary assessment in the…

At least eight months before the expiry of the judicial supervision or socio-judicial monitoring measure imposed on a person sentenced to a penalty for which secure detention may be imposed, the sentence enforcement judge will inform the public prosecutor of the person’s situation and give his reasoned opinion on the possibility of secure supervision. If the person’s situation appears likely to justify security surveillance, the sentence enforcement judge, or failing…

The decision to place the person under secure surveillance specifies the obligations to which the person is subject. When the measure is taken following judicial supervision or socio-judicial monitoring and the court does not intend to change the obligations to which the person is subject, it may state that the obligations imposed on the person under secure supervision are the same as those ordered previously.

The obligations of security surveillance may be adapted at any time to take account of the development of the person subject to it. They may be amended, supplemented or withdrawn by reasoned order of the president of the regional court for secure detention, either of his own motion or at the request of the person placed under surveillance, or at the request of the public prosecutor at the court of…

The person placed under secure supervision is supervised by the sentence enforcement judge in whose jurisdiction the person is ordinarily resident, assisted by the prison integration and probation service and, where appropriate, with the assistance of organisations authorised for this purpose, in accordance with the procedures set out in this section. The sentence enforcement judge will remind the person placed under secure supervision of the obligations to which he or…

If the security surveillance takes place at the end of a security detention period, the sentence enforcement judge with territorial jurisdiction to supervise the person is notified before the person leaves the socio-medico-judicial security centre, to enable the person concerned to be taken into care immediately. If the person is subject to a care order, the coordinating doctor and their attending doctor are appointed before they are discharged, in accordance…

At least three months before the scheduled end of the secure surveillance period, the sentence enforcement judge, or failing this, the public prosecutor, will arrange for the medical examination to be carried out and may refer the matter to the multidisciplinary commission on security measures for an opinion. The sentence enforcement judge, or failing this the public prosecutor, will refer the matter to the regional court for secure detention at…

If failure to comply with the obligations to which the person is subject reveals that the person again presents a particular danger characterised by a very high probability of again committing one of the offences mentioned in article 706-53-13, the sentence enforcement judge or the public prosecutor shall refer the matter to the president of the regional court so that the latter may order, if appropriate, either the modification of…