October 29, 2013 By Stephen Klarich

California Rules Sex Offender Treatment Program Requirement Cannot be Retroactively Applied

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?

The skilled sex crimes attorneys at Wallin & Klarich have been leading the legal field in sex crime defense for over 30 years. If you or a loved one is accused of a sex crime or have questions about a previous conviction of a sex crime, you need to contact our law firm immediately. We can answer all of your questions regarding probation terms, eliminating your obligation to register as a sex offender or cleaning up your criminal record.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is a knowledgeable Wallin & Klarich attorney near you no matter where you are located.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 so we can begin to help you. We will be there when you call.

2 comments

    1. Hi Craig,

      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.

      Hope this helps. If you have any further questions, feel free to contact us at (877) 466-5245.

      Thanks

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