Forney

I.

Introduction

Defendant Michael David Forney appeals from a judgment entered pursuant to a no contest plea to unlawful oral copulation (Pen. Code, § 288a, subd. (b)(2)) and unlawful sexual intercourse (§ 261.5, subd. (d)). In accordance with the terms of a negotiated disposition, the trial court suspended imposition of sentence and placed defendant on three years’ formal probation. Defendant challenges three conditions of his probation: (1) that he waive his Fifth Amendment right against self-incrimination and submit to polygraph examinations as part of a sex offender management program; (2) that he not contact any minor without prior approval of his probation officer; and (3) that he not reside near or be any place where minors congregate.

The validity of the sex offender management program Fifth Amendment waiver and polygraph requirement—a probation condition statutorily required under section 1203.067, subdivision (b)(3)—is currently on review by our Supreme Court. (People v. Rebulloza, review granted June 10, 2015, S225503; People v. Klatt, review granted July 16, 2014, S218755; People v. Friday, review granted July 16, 2014, S218288; People v. Garcia, review…