Cal. Code Regs. Tit. 15, § 3548 - Payments of Certain Costs by Parolees
(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 parolee 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 parolee disagrees with the
department's finding that the parolee has the ability to pay for the costs
associated with the continuous electronic monitoring, the parolee may file a
grievance by submitting CDCR Form 602-1 (01/22), to the Regional Office of
Grievances.
Notes
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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.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).
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3006, 3010.8 and 5054, Penal Code.
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
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
6. Amendment of subsection (b) refiled 10-4-2021 as an emergency, with additional amendment of subsection (b); operative
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
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