Penal Code 288.1 does not deal directly with a criminal act. Instead, this section of the penal code relates to the use of mental health evaluations in sex offender cases. These evaluations are used when determining whether a sex offender may receive parole or not.
The court system requires the use of these evaluations before the court approves parole. Find out more about the sex crime charges that require these evaluations in California with the Simmrin Law Group. Just call us today at (310) 896-2723.
Uses of Mental Health Evaluations in Sex Offender Cases
In many sex crime cases, individuals face time in jail or prison after a conviction. However, the court may decide to grant an individual probation after a period of time. Probation allows an individual to leave jail or prison. Before the court grants probation, they may order a Penal Code 288.1 report.
Not everyone can complete a PC 288.1 report. These reports must be completed by either a psychiatrist or a psychologist.
These professionals are required to review the history of the defendant. They must also consider the facts about the specific offense that resulted in jail or prison time. PC 288.1 reports are not used for all sex crime cases, only those cases involving sex crimes against children under 14.
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Specific Charges Associated with a PC 288.1 Report
Not all individuals accused of a sex crime obtain a PC 288.1 report. This report only applies if someone was convicted of specific sex crimes involving minors. There are several charges used to prosecute child sexual abuse in California. Charges that require PC 288.1 reports include:
- Sexual battery
- Rape
- Sodomy
- Oral copulation by force or fear
- Lewd acts with a child
You should be aware that these are not the only charges that require a PC 288.1 report. Generally, any sex crime involving a minor under 14 will require a PC 288.1 report before the court grants probation.
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Uses of Mental Health Evaluations in Sex Offender Cases
The purpose of a PC 288.1 hearing is to determine if the defendant’s criminal conduct will occur again or if the defendant is still a threat to children.
This determination is left up to the psychiatrist or psychologist who carries out the evaluation. The individual who conducts the assessment must be reputable. Additionally, if the court uses a psychologist to conduct the examination, they must have extensive experience.
In most cases, the defendant is expected to pay for the examination and report. However, the court may have the county pay the fees in some cases. In this situation, the court selects a psychiatrist to perform the examination.
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Limitations on PC 288.1 Reports in California
The court does not have to carry out a mental examination in all cases involving sex crime convictions. For example, if the court intends to deny probation, a mental examination may not be requested.
These examinations are only used when the court is considering probation. They allow the court to determine whether or not an individual should be released on probation. Individuals have to follow specific rules while they’re on probation in California.
The court sets out regulations for individuals on probation. While on probation, individuals may have to meet with a probation officer regularly. They may also need to find a job to avoid subsequent criminal charges.
Failure to adhere to all the terms of probation is a criminal act in California. Individuals in this situation may face charges for a probation violation. Probation violations may lead to harsher probation requirements. It could also result in canceling the probation and returning an individual to jail or prison. Find out more about probation in California by contacting a criminal defense lawyer in Los Angeles right now.
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Review the Facts About Mental Health Evaluations in Sex Offender Cases
The court system sometimes orders mental health evaluations in sex offender cases. These evaluations are defined under Penal Code 288.1 and are only used in cases involving acts of child sexual abuse. Get information about how to fight a sex crime in California by reaching out to the Simmrin Law Group for a free consultation.
Contact us by calling (310) 896-2723 or by completing our online contact form.
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