Section 1203.067 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1203.067
. (a) Notwithstanding any other law, before probation may
be granted to any 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 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
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 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. Participation in this program applies to every
person described without regard to when his or her crime or crimes
were committed.
(2) Persons 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. Participation in this program applies to each
person without regard to when his or her crime or crimes were
committed.
(3) Waiver of any 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 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.