People v. Gattis CA6

DISCUSSION

Defendant challenges the probation condition imposed pursuant to section 1203.067, subdivision (b)(3) requiring him to waive his privilege against self- incrimination and participate in polygraph examinations. He also challenges the probation condition imposed pursuant to section 1203.067, subdivision (b)(4), requiring him to waive his psychotherapist-patient privilege. Section 1203.067 provides in pertinent part: “(b) On or after July 1, 2012, the terms of probation for persons placed on formal probation for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, shall include all of the following: [¶] . . . [¶] (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 probation officer, pursuant to Section 290.09.” Our review of facial overbreadth challenges to a probation condition is de novo. (In re Shaun R. (2010) 188 Cal.App.4th 1129, 1143.) “Inherent in the very nature of probation is that…