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)
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.
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