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Criminal Procedure Law (Enforcement Powers – Arrests), 5756-1996

חוק סדר הדין הפלילי (סמכויות אכיפה – מעצרים), תשנ"ו-1996

Published: 1996-05-12Consolidated Hebrew text as of 2026-06-30 · Last amended 2026-07-29✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Section C-1: Electronic Monitoring Arrest

Definitions§
22a.

In this Section —

"electronic monitoring device" — a device that monitors, by electronic means and on a continuous basis, the presence of a monitored person at the monitoring location;

"operating company" — one or more companies, complying with the provisions of the Wireless Telegraph Ordinance [New Version], 5732-1972, with which the State has contracted for the purpose of supplying and operating electronic monitoring devices and for carrying out supervision in all matters relating to their operation, in accordance with the procedures directed by the Minister in that regard;

"Youth Law" — the Youth Law (Trial, Punishment and Modes of Treatment), 5731-1971;

"Conditional Release Law" — the Conditional Release from Imprisonment Law, 5761-2001;

"electronic monitoring technician" — a representative of the operating company who has been authorised to carry out installation, maintenance and supervision work in respect of electronic monitoring devices under section 22g;

"the Supervisor" — the person appointed to the position of Supervisor of Electronic Monitoring under section 22h(a);

"the Administrator" — the person appointed to the position of Administrator of Electronic Monitoring under section 22f(a);

"monitored person" — a detainee whom the court has directed to be subject to arrest under electronic monitoring under the provisions of section 22b, at a monitoring location as shall be determined, or a prisoner whom a parole board has decided to release conditionally from serving the remainder of the period of imprisonment, on conditions of electronic monitoring, in accordance with the provisions of sections 3 to 5, 13 and 13a of the Conditional Release from Imprisonment Law;

"place of arrest" — as defined in section 7(1);

"monitoring location" — the location that the court has determined as the location at which the monitored person is to be subject to electronic monitoring;

"the Commissioner" and "senior prison officer" — as defined in the Prison Ordinance;

"electronic monitoring patrol officer" — a representative of the operating company who has been authorised to carry out patrol operations under section 22g;

"electronic monitoring" — monitoring by electronic means of compliance by a detainee held in arrest at a monitoring location, or by a person conditionally released from imprisonment, with a condition restricting departure from a particular location or entry into a particular location;

"Prison Ordinance" — the Prison Ordinance [New Version], 5732-1971;

"monitoring plan" — a plan for arrest under electronic monitoring as decided upon by the court under section 22d(1);

"monitoring period" — the period of arrest under electronic monitoring, if determined, in the monitoring plan;

"the Minister" — the Minister of Public Security.

Decision on arrest under electronic monitoring§
22b.
(a)Where the court has found that the conditions for issuance of an arrest order under the provisions of section 21(a) have been fulfilled, and that the purpose of the arrest cannot be achieved by way of release on bail as referred to in section 21(b)(1), the court may, subject to the other provisions of this section, direct that instead of holding the detainee at a place of arrest, the detainee shall be located at a place to be determined by the court and for a period to be determined by the court, on conditions of electronic monitoring (in this Law — arrest under electronic monitoring), if all of the following have been fulfilled:
(1)the accused has given consent thereto;
(2)the court has found that, in the circumstances of the case, arrest under electronic monitoring will enable the purpose of the arrest to be achieved, after having weighed, among other things, all of the following:
(a)the gravity of the offence with which the accused is charged;
(b)the criminal record of the accused;
(c)if the accused was previously arrested under electronic monitoring — whether the accused complied with the conditions of the monitoring, in accordance with the report to be provided by the prosecutor in that regard.
(b)Notwithstanding the provisions of subsection (a), where the court has found that the accused should be arrested, arrest under electronic monitoring shall not be imposed in respect of a person charged with the offences listed below, unless the court is satisfied, for special reasons to be recorded, that by reason of the circumstances of the commission of the offence or the special circumstances of the accused, including the accused being a minor, it is possible to make do with arrest under electronic monitoring:
(1)an offence from among the offences enumerated in section 21(a)(1)(c);
(2)an offence under section 257, 258 or 259 of the Penal Law;
(3)an offence under section 12 of the Entry into Israel Law, 5712-1952;
(4)an offence under section 2, 3 or 4 of the Combating Criminal Organisations Law, 5763-2003.
(c)For the purpose of a decision on arrest under electronic monitoring, the court shall receive a report from the Administrator or a person on the Administrator's behalf that all of the following have been fulfilled:
(1)the arrest of the detainee under electronic monitoring falls within the quota for the number of monitored persons set by the Minister under section 22l;
(2)the proposed monitoring location and the means of communication therein enable electronic monitoring, and the adaptations required for carrying out electronic monitoring have been completed therein.
(d)Where the Administrator considers that, by reason of the existence of special circumstances, it is not possible at that time to operate the proposed monitoring plan on grounds of danger of harm to personal safety, the Administrator shall turn to a senior police officer for a professional opinion on the matter; where a senior police officer finds that the monitoring plan cannot be operated as aforesaid, the senior police officer's reasoned opinion shall be brought before the court for the purpose of a decision under subsection (c); the court shall not decide on arrest under electronic monitoring contrary to such an opinion except for special reasons to be recorded.
(e)Where the Administrator's report under subsection (c) has not been submitted within five working days from the date on which the court so directed, the detainee shall be brought before a judge within 24 hours from the expiry of that period.
Arrest report for the purpose of arrest under electronic monitoring§
22c.
(a)Where the court has directed the submission of an arrest report in accordance with the provisions of section 21a, for the purpose of a hearing on the matter of arrest under electronic monitoring, the arrest report shall also include reference to all of the following:
(1)the suitability of the detainee for arrest under electronic monitoring;
(2)the proposed monitoring location;
(3)family members or additional residents living at the proposed monitoring location, and the possibility of their suitability, or the suitability of another person, to serve as guarantors for compliance with the conditions of arrest under electronic monitoring.
(b)Notwithstanding the provisions of section 21a(a), the court shall not direct arrest under electronic monitoring without receipt of an arrest report as referred to in subsection (a) in respect of a detainee as detailed below, except for exceptional reasons to be recorded:
(1)a person charged with an offence enumerated in section 22b(b);
(2)a person who has previously been arrested or imprisoned.
(c)Nothing in the provisions of this section shall derogate from section 10g(b) of the Youth Law.
The monitoring plan§
22d.

Where the court has decided on arrest under electronic monitoring —

(1)it shall set out in its decision all of the following:
(a)the address of the monitoring location;
(b)the monitoring period, if determined, and the provisions of sections 60 to 62a shall apply in that regard;
(c)
(1)time windows during which the monitored person is permitted to leave the monitoring location, for a purpose from among the purposes listed in sub-paragraph (2), which shall be specified in the decision (in this Section — monitoring window), if the court considers that there is cause for this and finds that enabling such departure will not frustrate the purpose of arrest under electronic monitoring and that there is a reasonable means of supervising the monitored person during the monitoring window;
(2)a monitoring window may be for the purpose of receiving medical treatment, psychological treatment or other treatment required by the monitored person, a meeting with a probation officer in accordance with the recommendation of the probation service, and in respect of a monitored person who is a minor — also for the purpose of studies at school, and may be for another purpose recommended in the arrest report, or for another important purpose, for reasons to be recorded;
(d)additional restrictions and conditions that shall apply to the monitored person during the monitoring period, including the imposition of bail, as defined in section 41, to secure compliance with the conditions set in the decision on arrest under electronic monitoring, and determination of escorts for the monitored person during the monitoring window, if the court finds this to be required; the provisions of sections 46 and 48(a), except for paragraph (1) contained therein, shall apply in that regard, with the necessary modifications, provided that every decision on arrest under electronic monitoring shall include an order prohibiting the monitored person from leaving the country;
(2)it shall determine in its decision that a person who has been found suitable and has given consent thereto shall be a guarantor for compliance with the conditions of arrest under electronic monitoring as referred to in paragraphs (1)(c) and (d), and if a monitoring window has been set for the purpose of departure for work or studies of an adult monitored person — the court shall also determine a guarantor as aforesaid in respect of compliance with the conditions of the monitoring window at the place of work or studies.
Application of provisions concerning bail§
22e.

The provisions of sections 47, 48(b1) to (e), 49 to 51 and 55 shall apply, with the necessary modifications, also to arrest under electronic monitoring.

Appointment of Administrator of Electronic Monitoring and powers thereof§
22f.
(a)The Minister shall appoint a senior prison officer to the position of Administrator of Electronic Monitoring.
(b)The Administrator shall be responsible for all of the following:
(1)supervision of the compliance of monitored persons with the conditions of the monitoring plan set for them;
(2)carrying out oversight operations on the operation of electronic monitoring and on the activity of an operating company;
(3)coordination among the parties involved in operating the monitoring plan;
(4)determination of individual plans for social accompaniment of monitored persons, if the Administrator considers this to be required in the circumstances of the matter, and supervision of the implementation of such plans;
(5)carrying out an inspection, through the body in the Israel Prison Service authorised to do so, regarding the suitability of an electronic monitoring device for use on the Sabbath and on a festival as defined in section 29, once a year and at any time when a technological change occurs that is liable to alter the manner of operation of such a device;
(6)any other function imposed upon the Administrator pursuant to the provisions of the Law.
(c)
(1)The Administrator, and in the Administrator's absence — a deputy authorised by the Minister in that regard, shall be entitled to approve a one-time departure of the monitored person from the monitoring location otherwise than in accordance with the conditions of the monitoring plan, in the following cases:
(a)the Administrator has found that this is required due to an urgent medical need or another urgent reason, provided that the Administrator is satisfied that there is justification therefor and that the matter brooks no delay;
(b)departure from the monitoring location is required for the purpose of the monitored person's appearance before the Supervisor or before a senior prison officer authorised thereto by the Commissioner, in order to submit the monitored person's arguments on the matter of termination of the monitoring plan, all as referred to in section 22h(b)(3);
(2)The Administrator shall document the decision under this subsection in writing and shall notify thereof the operating company, the prosecutor, the Israel Police and the court.
Authorisation of representatives of an operating company§
22g.
(a)The Commissioner, or a person on the Commissioner's behalf, shall authorise representatives of an operating company to carry out technician and patrol functions for the purpose of carrying out electronic monitoring, as detailed below:
(1)in respect of technician work — examination of the feasibility of installing an electronic monitoring device at the proposed monitoring location, installation of such a device at the monitoring location that has been determined and examination of the proper functioning of the device, all in accordance with instructions received from the Administrator or a person on the Administrator's behalf;
(2)in respect of patrol — visits to monitoring locations pursuant to the direction of the Administrator or a person on the Administrator's behalf.
(b)A person shall not be authorised as an electronic monitoring technician or as an electronic monitoring patrol officer unless all of the following have been fulfilled in respect of that person:
(1)the person is a resident of Israel and has not been convicted of an offence that, by reason of its nature, gravity or circumstances, renders the person, in the opinion of the Administrator, unfit to serve as a technician or patrol officer, as the case may be;
(2)the person has undergone appropriate training in the area of the powers that will be vested in the person under this Section, as directed by the Commissioner by procedure, including training in respect of the protection of privacy and human dignity;
(3)the person is not liable to find themselves, directly or indirectly, in a position of conflict of interest between fulfilment of the person's function under this Section and a personal interest or another function.
(c)An electronic monitoring technician or an electronic monitoring patrol officer shall not disclose information that has come to that person's knowledge as a result of fulfilment of a function imposed upon that person under this Section and shall not make any use of such information except for the purpose of carrying out that function; upon consent, a person holding such a function shall sign an undertaking to maintain confidentiality as aforesaid.
Termination of Electronic Monitoring Arrest§
22h.
(a)The Minister shall appoint a prison officer of the rank of Deputy Commander at least, who is qualified to serve as a Magistrate's Court judge, to the position of Electronic Monitoring Supervisor.
(b)
(1)If the Supervisor has reasonable grounds to believe that a monitored person has violated the conditions of the electronic monitoring arrest and has again violated them after a warning, or that the monitored person has committed a material breach of the monitoring conditions, and the Supervisor has received a written report from the Director or a person on the Director's behalf concerning such violations, the Supervisor may order the termination of the electronic monitoring arrest and the return of the monitored person to custody in a place of detention;
(2)For the purpose of the Supervisor's decision under paragraph (1), the Supervisor shall consider, inter alia, the gravity of the offence with which the monitored person is charged and the circumstances thereof, the nature of the breach and the circumstances thereof, as well as additional circumstances relevant to the matter, including whether the monitored person is a minor;
(3)The Supervisor shall not order the termination of the electronic monitoring arrest of a monitored person under paragraph (1) except after having given the monitored person an opportunity to present arguments before the Supervisor or before a senior prison officer authorised for that purpose by the Minister;
(4)Where the monitored person has been given an opportunity to present arguments as referred to in paragraph (3) and the Supervisor's decision under paragraph (1) has not yet been made, the Supervisor or the senior prison officer referred to in paragraph (3) may order that the monitored person be held in a place of detention under paragraph (1) for a period not exceeding 24 hours, for reasons that shall be recorded.
(c)
(1)Where the Supervisor has ordered the termination of the electronic monitoring arrest as referred to in subsection (b), the detainee shall be brought before the court as soon as possible and no later than the end of three days from the termination of the arrest as aforesaid, and in respect of a monitored person who is a minor — no later than the end of 36 hours from the termination of the arrest; the court shall examine the Supervisor's decision and may leave it in force, annul it, or order the continued holding of the detainee in electronic monitoring arrest, on conditions it shall determine; in a hearing under this section the provisions of section 21(b)(2) and (c) shall apply; in this section, "court" means the court that ordered the detention of the accused in electronic monitoring arrest, and in respect of a minor — a Youth Court or a Youth Judge, as defined in the Youth Law, to the extent possible;
(2)If a monitored person has not been brought before the court within three days or within 36 hours, as the case may be, the monitored person shall be returned to electronic monitoring arrest; however, the court, on application by a prosecutor and for special reasons that shall be recorded, may order the continued detention of the monitored person in a place of detention for a period it shall determine, not exceeding an additional 24 hours, for the purpose of holding the hearing before it;
(3)For the purposes of paragraphs (1) and (2), Sabbaths and holidays shall not be counted;
(4)A hearing under this subsection in the matter of a minor that the court is required to hold upon the conclusion of the Sabbath or holiday shall be held within six hours of the conclusion of the Sabbath or holiday; for this purpose, "holiday" — as defined in section 29.
(d)A detainee, a monitored person and a prosecutor may submit a request for leave to appeal against a decision of the court as referred to in subsection (c) to a court of appeal, which shall hear it by a single judge; a request for leave to appeal shall be submitted within 30 days from the date on which the court's decision was given, however the court of appeal may extend the said period for reasons that shall be recorded.
(e)A monitored person who is apprehended while outside the monitoring location in a manner not in accordance with the conditions of the monitoring plan that amounts to a material breach of the monitoring conditions shall be brought before the Supervisor or before a senior prison officer as referred to in subsection (b)(3), for the purpose of examining the termination of the electronic monitoring arrest under subsection (b)(1), as soon as possible and no later than 24 hours from the time of apprehension, and until brought as aforesaid shall be held in a place of detention; for this purpose, Sabbaths and holidays shall not be counted.
(f)The provisions of section 62a of the Prison Ordinance shall not apply to a decision of the Supervisor under this section.
(g)For the purposes of this section, "material breach of the monitoring conditions" means any of the following:
(1)leaving the monitoring location other than in accordance with the monitoring plan or without obtaining authorisation therefor, including leaving for a monitoring window other than during the hours prescribed for that purpose, all for a period or at a frequency determined by the Director in a procedure approved by the Commissioner and brought to the knowledge of the monitored person;
(2)committing an offence during the monitoring period;
(3)intentional damage to the electronic monitoring equipment or its disconnection, by act or omission, by the monitored person, with the monitored person's assistance or through another person, or failure to report any damage or malfunction in the electronic monitoring equipment of which the monitored person was aware;
(4)failure to cooperate with a representative of the Israel Prison Service, the Israel Police or a representative of the operating company, in any matter relating to the monitoring plan or to an inquiry concerning compliance with the conditions of the monitoring plan.
Inquiry into Breach of Monitoring Plan Conditions§
22i.
(a)Where a suspicion arises of a breach of the conditions of the monitoring plan, the Director or a prison officer authorised by the Director for that purpose may, for the purpose of inquiring into the breach —
(1)require any person who may have a connection to the matter to provide the Director or prison officer with that person's name and address and to present an identity card or other official document identifying that person;
(2)require any person concerned to provide any information or document that may contain information relating to compliance with the conditions of the monitoring plan or to a breach thereof; in this paragraph, "document" — includes a printout, as defined in the Computers Law, 5755-1995;
(3)enter the monitoring location.
(b)If a monitored person refuses to comply with a request by the Director or a request by a prison officer acting under the authority conferred by this section, the Supervisor may order the termination of the electronic monitoring arrest and the return of the monitored person to custody in a place of detention in accordance with the provisions of section 22h(b)(1), and the remaining provisions of section 22h shall apply for that purpose, with the necessary modifications.
Powers of Detention and Arrest of a Prison Officer§
22j.

The provisions of section 95b(a) of the Prison Ordinance shall also apply during the escorting of a monitored person from the monitoring location or from a police station to a remand facility or prison, for the purpose of bringing the monitored person before the Supervisor or before a senior prison officer authorised by the Minister for that purpose under section 22h(b)(3).

Implementation and Regulations – Section C-1§
22k.

The Minister is responsible for the implementation of this Section and may, with the consent of the Minister of Justice and with the approval of a joint committee of the Science and Technology Committee and the Constitution, Law and Justice Committee of the Knesset, make Regulations for its implementation.

Quota of Monitored Persons under Electronic Monitoring§
22l.

The Minister, with the consent of the Minister of Finance, in consultation with the Minister of Justice and with the approval of a joint committee of the Science and Technology Committee and the Constitution, Law and Justice Committee of the Knesset, shall determine by Order the maximum number of monitored persons who may be monitored simultaneously under electronic monitoring, and may so determine with a breakdown by districts; for this purpose, the maximum number determined by the Minister as aforesaid shall include both detainees under electronic monitoring in accordance with this Law and prisoners released on parole under electronic monitoring in accordance with the provisions of section 13a of the Conditional Release from Imprisonment Law.

Report to the Knesset – Temporary Provision§
22m.

The Minister shall report annually, over a period of three years from the commencement of the Electronic Monitoring of a Detainee and a Conditionally Released Prisoner (Legislative Amendments) Law, 5775-2014, to a joint committee of the Science and Technology Committee and the Constitution, Law and Justice Committee of the Knesset, on the number of monitored persons in the monitoring plan and on the number of monitored persons against whom the Supervisor exercised the power to terminate the electronic monitoring arrest under section 22h, with a distinction between monitored persons returned to custody in a place of detention and monitored persons in respect of whom it was determined that they would continue to be held in electronic monitoring arrest.

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