Section 273.1 Of Chapter 2. Abandonment And Neglect Of Children From California Penal Code >> Title 9. >> Part 1. >> Chapter 2.
273.1
. (a) Any treatment program to which a child abuser convicted
of a violation of Section 273a or 273d is referred as a condition of
probation shall meet the following criteria:
(1) Substantial expertise and experience in the treatment of
victims of child abuse and the families in which abuse and violence
have occurred.
(2) Staff providing direct service are therapists licensed to
practice in this state or are under the direct supervision of a
therapist licensed to practice in this state.
(3) Utilization of a treatment regimen designed to specifically
address the offense, including methods of preventing and breaking the
cycle of family violence, anger management, and parenting education
that focuses, among other things, on means of identifying the
developmental and emotional needs of the child.
(4) Utilization of group and individual therapy and counseling,
with groups no larger than 12 persons.
(5) Capability of identifying substance abuse and either treating
the abuse or referring the offender to a substance abuse program, to
the extent that the court has not already done so.
(6) Entry into a written agreement with the defendant that
includes an outline of the components of the program, the attendance
requirements, a requirement to attend group session free of chemical
influence, and a statement that the defendant may be removed from the
program if it is determined that the defendant is not benefiting
from the program or is disruptive to the program.
(7) The program may include, on the recommendation of the
treatment counselor, family counseling. However, no child victim
shall be compelled or required to participate in the program,
including family counseling, and no program may condition a defendant'
s enrollment on participation by the child victim. The treatment
counselor shall privately advise the child victim that his or her
participation is voluntary.
(b) If the program finds that the defendant is unsuitable, the
program shall immediately contact the probation department or the
court. The probation department or court shall either recalendar the
case for hearing or refer the defendant to an appropriate alternative
child abuser's treatment counseling program.
(c) Upon request by the child abuser's treatment counseling
program, the court shall provide the defendant's arrest report, prior
incidents of violence, and treatment history to the program.
(d) The child abuser's treatment counseling program shall provide
the probation department and the court with periodic progress reports
at least every three months that include attendance, fee payment
history, and program compliance. The program shall submit a final
evaluation that includes the program's evaluation of the defendant's
progress, and recommendation for either successful or unsuccessful
termination of the program.
(e) The defendant shall pay for the full costs of the treatment
program, including any drug testing. However, the court may waive any
portion or all of that financial responsibility upon a finding of an
inability to pay. Upon the request of the defendant, the court shall
hold a hearing to determine the defendant's ability to pay for the
treatment program. At the hearing the court may consider all relevant
information, but shall consider the impact of the costs of the
treatment program on the defendant's ability to provide food,
clothing, and shelter for the child injured by a violation of Section
273a or 273d. If the court finds that the defendant is unable to pay
for any portion of the costs of the treatment program, its reasons
for that finding shall be stated on the record. In the event of this
finding, the program fees or a portion thereof shall be waived.
(f) All programs accepting referrals of child abusers pursuant to
this section shall accept offenders for whom fees have been partially
or fully waived. However, the court shall require each qualifying
program to serve no more than its proportionate share of those
offenders who have been granted fee waivers, and require all
qualifying programs to share equally in the cost of serving those
offenders with fee waivers.