Section 3: Specific provisions for foreign nationals whose conduct is linked to terrorist activities

The authority competent to issue an order, on the basis of article L. 733-14, placing a foreign national under mobile electronic surveillance is the same authority competent to issue his or her house arrest by virtue of articles R. 732-2 to R.* 732-4.

Before the competent authority issues an order for placement under mobile electronic surveillance, the prison administration shall, at the request of the latter, ensure the availability of a technical device enabling remote monitoring and the technical feasibility of mobile electronic surveillance.The competent authority shall ensure that the foreign national has received information on the operation of this device. It shall obtain the foreign national’s prior written consent to his or…

The competent authority may, when placing a foreign national under mobile electronic surveillance, adapt the frequency of his reporting obligations to the police or gendarmerie units which were set, pursuant to article R. 733-1, when he was placed under house arrest. The foreign national is informed of this adaptation before his or her agreement is obtained pursuant to article R. 733-15.The written agreement of the owner or holder of the…

The remote location device required to be worn by foreign nationals placed under mobile electronic surveillance pursuant to article L. 733-14 is approved by the Minister of Justice, who ensures that it cannot be removed by the foreign national without an alarm signal being emitted and that it allows communication, which may be recorded, between the foreign national and a surveillance centre.

The competent authority may terminate the placement under mobile electronic surveillance at any time, in particular if the foreign national fails to comply with the requirements associated with his or her house arrest or placement, in the event of technical malfunction of the remote location device or if the implementation of this device presents disadvantages for the foreign national’s health certified by an approved doctor designated by the competent authority….

Prison officers responsible for surveillance shall notify the competent police services and gendarmerie units without delay when they are alerted to the presence of a foreign national placed under mobile electronic surveillance is outside the area of inclusion or to the deterioration of the remote location device. .

The authorisation to implement the remote location device, provided for in Article L. 733-14, is governed by Articles R. 544-11 to R. 544-17 of the Penitentiary Code.