What is a Penal Code 288.1 Evaluation?

April 14, 2023

A Penal Code 288.1 evaluation is a type of assessment used in the criminal justice system in California to determine whether an individual accused of committing a sexual offense has a predisposition or tendency to commit sexual crimes in the future. This evaluation is typically ordered by a judge or requested by the prosecution or defense as part of the pre-sentencing process.

The evaluation is conducted by a trained professional, such as a licensed psychologist or psychiatrist, and typically includes a comprehensive assessment of the individual’s mental health, personality, and criminal history. The evaluator may also review any relevant records, such as police reports and victim statements, as well as conduct interviews with the individual and any relevant parties, such as family members, friends, or previous partners.

The goal of the Penal Code 288.1 evaluation is to determine whether the individual poses a risk to the community and whether they are likely to re-offend in the future. The evaluator may also provide recommendations for treatment or interventions that may reduce the individual’s risk of recidivism.

The results of the Penal Code 288.1 evaluation can have a significant impact on the individual’s sentencing, as well as on the conditions of probation or parole. If the evaluator determines that the individual poses a high risk of reoffending, the judge may impose stricter conditions of probation or parole, or may even sentence the individual to prison or a state hospital.

It is important to note that not all individuals accused of sexual offenses will be ordered to undergo a Penal Code 288.1 evaluation. The decision to order an evaluation is made on a case-by-case basis and will depend on the specific facts and circumstances of the case, as well as the individual’s criminal history.

Furthermore, it is important to note that the results of the evaluation may be challenged by the defense or prosecution and that the outcome of the evaluation is not determinative of guilt or innocence. It is a tool used to inform the court’s decision on sentencing and probation or parole conditions.

Call Us for Help in Southern California

If you’re being accused of a sex crime, then call the Law Offices of John D. Rogers today. Contact us to schedule a free confidential consultation to discuss your options. Attorney John D. Rogers is a board-certified criminal law specialist by the State Bar of California. He routinely represents clients charged with sex crimes throughout southern California.  

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