What is the effect of a waiver of the psychotherapist-patient privilege on a sex offender's probation?

California, United States of America


The following excerpt is from People v. Herrera, E062184 (Cal. App. 2016):

Waiver of the psychotherapist-patient privilege (Evid. Code, 1014) is a statutorily mandated probation condition under section 1203.067(b)(4), for anyone placed on formal probation for any offense requiring sex offender registration under sections 290 through 290.023. Evidence Code section 1014, known as the psychotherapist-patient privilege, provides in part that "the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist . . . ." For reasons of policy the psychotherapist-patient privilege has been broadly construed in favor of the patient. (People v. Stritzinger (1983) 34 Cal.3d 505, 511 (Stritzinger).)

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