French Code of Criminal Procedure
In forceDuring the period of socio-judicial monitoring or during imprisonment when the person sentenced to socio-judicial monitoring must carry out this measure following a custodial sentence, the sentence enforcement judge may, after hearing the convicted person and after consulting the public prosecutor, modify or supplement the measures provided for in articles 131-36-2 et 131-36-3 of the Penal Code.
His decision is enforceable by provision. It may be challenged by way of appeal by the convicted person, the public prosecutor and the public prosecutor, as from its notification in accordance with the procedures set out in l° of article 712-11.
If the person sentenced to socio-judicial supervision has not been subject to a treatment order, the sentence enforcement judge will order a medical assessment with a view to their release in order to determine whether they are likely to undergo treatment. The judge may also order this assessment at any time during the period of socio-judicial supervision. If, following this assessment, it is established that treatment is possible, the convicted person will be subject to a treatment order, unless the sentence enforcement judge decides otherwise. The sentence enforcement judge shall warn the convicted person that no treatment may be undertaken without his consent, but that if he refuses the treatment offered to him, the imprisonment ordered pursuant to the third paragraph of article 131-36-1 of the Penal Code may be enforced. The provisions of the two preceding paragraphs shall then apply.
The sentence enforcement judge may also, after carrying out the examination provided for in Article 763-10 and after having the technical feasibility of the measure verified, order the sentenced person to be placed under mobile electronic surveillance. The sentence enforcement judge will warn the offender that the mobile electronic monitoring order cannot be implemented without his consent but that, failing this or if he fails to fulfil his obligations, the prison sentence imposed pursuant to the third paragraph of article 131-36-1 of the French Penal Code may be enforced. The provisions of the first two paragraphs of this article shall apply.
If the person has been sentenced to a term of criminal imprisonment of fifteen years or more for one of the crimes mentioned in article 706-53-13, the sentence enforcement judge may also impose an obligation of house arrest as provided for in 3° of Article 723-30. The provisions of the first two paragraphs of this article shall apply.
