P. v. Forney CA1/1
This case returns to us following our Supreme Court’s decision in People v. Garcia (2017) 2 Cal.5th 792 (Garcia), concluding the requirement of Penal Code section 1203.067, subdivision (b)(3), that convicted sex offenders waive “any privilege against self-incrimination” and participate in polygraph examinations as part of the sex offender management program, does not violate Fifth Amendment rights. The high court construed the statutory language as requiring a defendant to provide truthful answers during polygraph examinations and as also precluding the state from using such compelled answers in any subsequent criminal prosecution. (Garcia, at p. 799.) In our prior opinion, filed October 4, 2016, we also concluded defendant could be required to submit to polygraph examinations but the state could not use compelled answers in any subsequent criminal proceedings, albeit through different reasoning.
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