Does section 1203.067, subdivision (b)(4) of the California Probation Act require a defendant to waive the psychotherapist-patient privilege to communicate with a probation officer?

Section 1203.067, subdivision (b)(4) mandates that defendant waive the psychotherapist-patient privilege only "to enable communication between the sex offender management professional and supervising probation officer, pursuant to Section 290.09." Since section 290.09 is explicitly incorporated by reference, and since section 290.09 limits the subject matter of the communication between the sex offender management professional and the probation officer, the condition does not require defendant to waive the psychotherapist-patient privilege as to any other subjects. This construction comports with the plain language of the statute, and it also harmonizes the statute with section 290.09. (See People v. Kennedy (2011) 194 Cal.App.4th 1484, 1490-

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