In Re Corona

In this People’s appeal, the State of California seeks to require a parolee to waive his right to confidentiality of the psychotherapist-patient privilege. Respondent Reynaldo Corona was informed by his parole officer that he must sign a waiver of the privilege to allow his privately retained psychotherapist to communicate with the parole authority.

Corona filed a petition for a writ of habeas corpus with the superior court, which granted the requested relief. The People appealed. We conclude that the waiver requirement is an unreasonable condition of parole and affirm.

FACTS

In September 2005, we affirmed Corona’s conviction by plea of two counts of committing a lewd act upon a child 14 or 15 years of age. (Pen. Code, § 288, subd. (c)(1).) (People v. Corona (Sept. 22, 2005, B178118) [nonpub. opn.].) His conviction stemmed from the molestation of his two stepdaughters, which occurred over a period of several years. He molested one of the victims from ages 14 to 18 and the other victim from ages 12 to 15. The molestations consisted primarily of fondling and digital penetration. Corona was sentenced to three years eight months in state prison.

Corona was released on…