Chapter III: Security detention and surveillance

If secure detention is not extended or is terminated pursuant to articles 706-53-17 or 706-53-18 and if the person presents risks of committing the offences mentioned in article 706-53-13, the regional secure detention court may, by the same decision and after an adversarial hearing during which the person is assisted by a lawyer chosen or appointed by the court, place the person under secure surveillance for a period of two years. Security supervision includes obligations identical to those provided for under the judicial supervision referred to in article 723-30, in particular a treatment order provided for by the articles L. 3711-1 to L. 3711-5 of the Public Health Code and, after verification of the technical feasibility of the measure, placement under mobile electronic surveillance under the conditions laid down by articles 763-12 et 763-13 du présent code. Placement under security surveillance may be appealed as provided for in article 706-53-15. Release from security surveillance may be requested in accordance with the procedures set out in article 706-53-17.

At the end of the period mentioned in the first sentence of the previous paragraph, security surveillance may be renewed under the same conditions and for the same period.

If the person's failure to comply with the obligations imposed on him or her reveals that he or she once again presents a particular dangerousness characterised by a very high probability of again committing one of the offences mentioned in article 706-53-13, the president of the regional court may order his or her temporary placement in a socio-medico-judicial security centre as a matter of urgency. This placement must be confirmed within a maximum of three months by the regional court ruling in accordance with article 706-53-15, after receiving a favourable opinion from the multi-disciplinary committee for security measures, failing which the detention will be automatically terminated. The confirmation decision may be the subject of the appeals provided for by article 706-53-15.

The placement in a socio-medico-judicial security centre provided for in the previous paragraph may only be ordered on condition that a strengthening of the security surveillance obligations appears insufficient to prevent the commission of the offences mentioned in article 706-53-13.

The president of the regional court for secure detention warns the person placed under secure surveillance that placement under mobile electronic surveillance may not be implemented without their consent but that, failing this or if they fail to comply with their obligations, placement in a socio-medico-judicial security centre may be ordered under the conditions provided for in the previous two paragraphs.

If the person under security surveillance refuses to start or continue the treatment prescribed by the doctor treating him or her and offered to him or her under a care order, this constitutes a breach of the obligations imposed on him or her that may justify his or her placement in security detention, under the conditions provided for in the third paragraph. In the event of a breach of these obligations by the person placed under secure supervision, article 709-1-1 shall apply; the sentence enforcement judge or, in the event of urgency and impediment of the latter or the sitting magistrate who replaces him, the public prosecutor may issue an arrest warrant or a warrant to bring the person to trial, in accordance with Article 712-17, in order to allow the person to be brought before the president of the regional court for secure detention, where appropriate; in the event of a decision to place the person in secure detention taken by this president, the person may be held for the time strictly necessary to bring him or her to the socio-medico-judicial security centre.