CRIME & COUNSELING UPDATE

From ANIMAL PEOPLE, July/August 1998:

The June 1998 ANIMAL PEOPLE editorial, “Crime and
counseling,” pointed out that there is no proven model for preventing
sadistic behavior through psychological counseling, and warned that
SB 1991, a bill pending before the California legislature, was premature
in mandating counseling as a probationary condition in cruelty
cases, since it seemed to imply that a “seek counseling” order might
by itself be an adequate sentence.
On May 26, a week after the ANIMAL PEOPLE editorial
was distributed to all members of the California legislature, Sherry
DeBoer of Political Animals informed us: “Today an amendment was
made to California SB 1991 which makes it an excellent bill from a
prosecutor’s position. Therefore, we are withdrawing our opposition.”
The amended passages now provide:

Notwithstanding any other provisions of law, if a defendant
is granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
appropriate counseling designed to evaluate and treat behavior or
conduct disorders…
The counseling specified in this subdivision shall be in addi –
tion to any other terms and conditions of the probation, including any
term of imprisonment and any fine. This provision specifies a manda –
tory additional term of probation, and is not to be utilized as an alter –
native in lieu of imprisonment in the state prison or county jail when
such a sentence is otherwise appropriate. If the court does not order
jail time as a condition of probation for a conviction under this sec –
tion, it shall state in writing its reasons for doing so.