SECTIONS 3008 - California Statutes

PENAL CODE

SECTION 3008

3008. (a) The Department of Corrections and Rehabilitation shall
ensure that all parolees under active supervision who are deemed to
pose a high risk to the public of committing sex crimes, as
determined by the State-Authorized Risk Assessment Tool for Sex
Offenders (SARATSO), as set forth in Sections 290.04 to 290.06,
inclusive, are placed on intensive and specialized parole supervision
and are required to report frequently to designated parole officers.
The department may place any other parolee convicted of an offense
that requires him or her to register as a sex offender pursuant to
Section 290 who is on active supervision on intensive and specialized
supervision and require him or her to report frequently to
designated parole officers.
(b) The department shall develop and, at the discretion of the
secretary, and subject to an appropriation of the necessary funds,
may implement a plan for the implementation of relapse prevention
treatment programs, and the provision of other services deemed
necessary by the department, in conjunction with intensive and
specialized parole supervision, to reduce the recidivism of sex
offenders.
(c) The department shall develop control and containment
programming for sex offenders who have been deemed to pose a high
risk to the public of committing a sex crime, as determined by the
SARATSO, and shall require participation in appropriate programming
as a condition of parole.
(d) On or after July 1, 2012, the parole conditions of a person
released on parole for an offense that requires registration pursuant
to Sections 290 to 290.023, inclusive, shall include all of the
following:
(1) Persons placed on parole 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 parole 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 parole officer and as approved by the court.
(2) Persons placed on parole 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
parole. The length of the period in the program shall be not less
than one year, up to the entire period of parole, as determined by
the certified sex offender management professional in consultation
with the parole officer and as approved by the court.
(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 parole officer, pursuant to Section 290.09.
(e) Any defendant ordered to be placed in an approved sex offender
management treatment program pursuant to subdivision (d) 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 discharge onto parole because of his or her inability
to pay.