1. (a) No private or public entities, shall have access to, and use of, electronic signals transmitted in any fashion by equipment utilized for continuous electronic monitoring. Unauthorized access to, and use of, electronic signals includes signals transmitted in any fashion by equipment utilized for continuous electronic monitoring. Only those entities with the express written consent of the department shall be allowed access, and only for the terms and conditions stated in writing.
2. (b) Devices used pursuant to this Article shall not be used to eavesdrop or record any conversation, except a conversation between the supervised person and the supervising parole agent. The continuous electronic monitoring technology is to be utilized solely for the purposes of voice identification and verification of the supervised person's geographic location in the community.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.

History

1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).

3. Change without regulatory effect amending subsection (b) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).