October 29, 2013

Sex offenders who were sentenced prior to when an amendment in California Penal Code section 1203.067 took effect do not have to enroll in a state-approved sex treatment program as required by the new law. Under the amended law, certain sex offenders must complete a sex offender treatment program if probation is granted. However, the requirement is not retroactive and thus any crime that occurred prior to the passage of the new law would not be subject to the punishment.

People v. Douglas M (2013 DJDAR 14215)

sex offender treatment program
You cannot be required to enter a sex offender treatment program if you were sentenced prior to the law taking effect in 2012.

Douglas M. was sentenced to probation in 2006 after he pleaded guilty to two counts of lewd and lascivious acts on a child under age 14. The court sentenced him to 10 years in state prison, suspended execution of sentence, and placed Douglas M. on formal probation for seven years.

In 2012, an amendment to California Penal Code section 1203.067 went into effect that requires all sex offenders to enter a sex offender treatment program if probation is granted. The court attempted to modify Douglas M.’s probation terms to include sex offender treatment pursuant to the new law.

Douglas M. appealed the new orders modifying his probation arguing that the new law cannot be applied retroactively. The Court of Appeal agreed, stating that the law cannot be applied retroactively unless the language in the statute specifically states so.

Have You Been Required to a Enter Sex Offender Treatment Program?

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Author:Stephen D. Klarich

Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney. Mr. Klarich founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. Klarich.

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