BILL NUMBER: AB 1835	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 22, 2012

   An act to amend Section 1203.067 of the Penal Code, relating to
sex crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1835, as introduced, Fletcher. Sex offenders: probation
conditions.
   Under existing law, a person who has been convicted of specified
felonies related to sexual abuse, including rape and lewd or
lascivious acts with a child, is required to comply with specified
conditions while on formal probation. These conditions include, but
are not limited to, participating in an approved sex offender
management program and waiving the privilege against
self-incrimination and participation in polygraph examinations.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.067 of the Penal Code is amended to read:
   1203.067.  (a) Notwithstanding any other law, before probation may
be granted to  any   a  person convicted
of a felony specified in Section 261, 262, 264.1, 286, 288, 288a,
288.5, or 289, who is eligible for probation, the court shall do all
of the following:
   (1) Order the defendant evaluated pursuant to Section 1203.03, or
similar evaluation by the county probation department.
   (2) Conduct a hearing at the time of sentencing to determine if
probation of the defendant would pose a threat to the victim. The
victim shall be notified of the hearing by the prosecuting attorney
and given an opportunity to address the court.
   (3) Order  any   a  psychiatrist or
psychologist appointed pursuant to Section 288.1 to include a
consideration of the threat to the victim and the defendant's
potential for positive response to treatment in making his or her
report to the court. Nothing in this section shall be construed to
require the court to order an examination of the victim.
   (b) On or after July 1, 2012, the terms of probation for 
persons   a person  placed on formal probation for
an offense that requires registration pursuant to Sections 290 to
290.023, inclusive, shall include all of the following:
   (1)  Persons   A person  placed on
formal probation prior to July 1, 2012, shall participate in an
approved sex offender management program, following the standards
developed pursuant to Section 9003, for a period of not less than one
year or the remaining term of probation if it is less than one year.
The length of the period in the program is to be determined by the
certified sex offender management professional in consultation with
the probation officer and as approved by the court.
   (2)  Persons   A   person 
placed on formal probation on or after July 1, 2012, shall
successfully complete a sex offender management program, following
the standards developed pursuant to Section 9003, as a condition of
release from probation. The length of the period in the program shall
be not less than one year, up to the entire period of probation, as
determined by the certified sex offender management professional in
consultation with the probation officer and as approved by the court.

   (3) Waiver of  any   the  privilege
against self-incrimination and participation in polygraph
examinations, which shall be part of the sex offender management
program.
   (4) Waiver of  any  psychotherapist-patient
privilege to enable communication between the sex offender management
professional and supervising probation officer, pursuant to Section
290.09.
   (c)  Any   A  defendant ordered to be
placed in an approved sex offender management program pursuant to
subdivision (b) shall be responsible for paying the expense of his or
her participation in the program as determined by the court. The
court shall take into consideration the ability of the defendant to
pay, and no defendant shall be denied probation because of his or her
inability to pay.