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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9081
Experience:  Since 1983
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I'm a subscriber. I'm trying to find the CDCR regulations

Customer Question

I'm a subscriber. I'm trying to find the CDCR regulations concerning anklets on diabetics. For the second time parole is putting an anklet on his diabetic ankle ; this time he reminded them of his rights, and of the last time he almost lost his foot when it swelled even more than when anklet was attached. He was then jailed for loosening it. It's happening again : but this time he tried to assert his rights and paroles rules. No anklets on diabetics. "jail or anklet". This will end similarly to the last time what can be done immediately?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 1 year ago.

There is apparently no specific rule on this, see

Article 3. Electronic Monitoring

3540. Continuous Electronic Monitoring Technology.

in

http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/Title15-2015.pdf

3541. Required Functionality of Continuous Electronic Monitoring Devices.

"(a) The continuous electronic monitoring device shall:

(1) Be designed to be worn on the ankle by the parolee. The parole agent, at his or her discretion, may request modifications to the placement of the device as an alternative form of continuous electronic monitoring. The modification request shall be considered for approval by the Director or designee, Division of Adult Parole Operations, on a case-by-case basis. The modifications may include the parolee carrying the monitoring device on his or her person at all times (fanny pack, back pack, belt etc.) and must be kept within reach when showering or sleeping. The device may be attached to any object which would enable a non-ambulatory parolee the ability to move around, i.e., a wheel chair;

(2) Emit a signal as a person is moving or is stationary. The signal shall be capable of being received and tracked across large urban or rural areas, statewide, and be received from within structures, vehicles, and other objects to the degree technically feasible in light of the associated costs and design.

(b) The device shall function 24 hours a day, seven days a week."

A prisoner or parolee can file a petition for writ of habeas corpus to challenge the conditions of confinement.

The undefined grant of discretion to the parole agent is arguably void for vagueness, and it is cruel and unusual to make a person wear something that can cause permanent physical damage.

You can get a free consultation from some of the civil rights attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.