Cal. Code Regs. tit. 15 § 3548

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3548 - Payments of Certain Costs by Supervised Persons

(a) Any person released on parole who is required to participate in continuous electronic monitoring, may be required to pay for that electronic surveillance upon a finding by the department of the ability of the supervised person to pay those costs. However, the department shall waive any or all of that payment upon a finding of an inability to pay.

(1) Ability to pay means the overall capability of the person to reimburse the actual costs or portion of the costs, of providing continuous electronic monitoring.

(2) Overall capability of the person to reimburse the actual costs shall be determined by the Unit Supervisor or designee on a case-by-case basis. Factors to consider are employment status, income level, supplemental income sources and total monthly household expenses.

(3) The department shall consider any remaining amounts a person has been ordered to pay in fines, assessments and restitution fines, fees and orders, and shall give priority to the payment of those items before requiring that the person pay for the continuous electronic monitoring.

(b) If the supervised person disagrees with the department's finding that the supervised person has the ability to pay for the costs associated with the continuous electronic monitoring, the supervised person may file a grievance by submitting CDCR Form 602-1 (01/22), to the Regional Office of Grievances.

Cal. Code Regs. Tit. 15, § 3548

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3006, 3010.8 and 5054, Penal Code.

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section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.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. Amendment of subsection (b) filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
4. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (b) refiled 2-25-2021 as an emergency, with additional amendment of subsection (b); operative 3/10/2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b) refiled 10-4-2021 as an emergency, with additional amendment of subsection (b); operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-4-2021 order, including further amendment of subsection (b) and amendment of CDCR Form 602-1 (incorporated by reference), transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).
8. Change without regulatory effect amending section heading and subsections (a) and (b) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).