When the sentence enforcement judge makes a decision to place a person under mobile electronic surveillance, pursuant to the fourth paragraph of article 763-3, this measure may only concern an adult who is still in prison either following the initial conviction, or because the provisions of article 763-5 have been applied, and who has been sentenced to one of the following penalties:
1° A custodial sentence of at least seven years’ imprisonment;
2° A custodial sentence of at least five years’ imprisonment for an offence committed again in a state of legal recidivism;
3° A custodial sentence of at least five years’ imprisonment for one of the offences mentioned in Article 131-36-12-1 of the Penal Code.
In this case, the dangerousness examination provided for by the last paragraph of article 763-3 is carried out after the opinion of the multidisciplinary commission for security measures, in accordance with the procedures provided for by the articles R. 61-9 to R. 61-11. The one-year time limit provided by article 763-10 is not applicable.
The decision of the sentence enforcement judge is then taken in accordance with the procedures set out in Article 712-6.
This decision specifies the duration of placement under mobile electronic surveillance within the limits set by article 131-36-12 of the Penal Code. However, the limits relating to the duration of the placement do not apply in the case of a person sentenced to a term of criminal imprisonment of fifteen years or more for one of the offences referred to in Article 706-53-13.
In the event of non-compliance by the convicted offender with the obligations to which he is subject or to take account of his progress, the sentence enforcement judge may also order placement under mobile electronic surveillance during the execution of the socio-judicial supervision, provided that his behaviour and dangerousness justify this without the need for the person to be previously detained.