California Supreme Court
The People, Plaintiff and Respondent v. Ignacio Garcia, Defendant and Appellant.
March 20, 2017216 Cal. Rptr. 3d 75
Summary
The court affirmed probation conditions requiring a convicted sex offender to answer questions truthfully in a mandatory sex-offender-management program, participate in polygraph examinations, and permit a limited waiver of psychotherapist-patient confidentiality. It construed compelled responses as protected by immunity from direct and derivative use in later criminal proceedings, held that the polygraph condition was appropriately limited to treatment and supervision needs, and upheld the limited confidentiality waiver against privacy and overbreadth challenges. The court retained the otherwise moot appeal because it presented an important recurring issue.