RECOMMENDATION 75

Part: 
Three
Chapter: 
3

Judges should use, when appropriate, a sentence of lifetime probation for convicted child pornographers.

Pedophile offenders present a continuing threat to society since there presently is no universally accepted course of treatment for a pedophile offender. In the absence of effective treatment a convicted pedophile offender must be continually monitored subsequent to his or her release. The most effective method of monitoring a pedophile offender is through the imposition of lifetime probation as a part of the initial sentence.

Lifetime probation gives probation personnel the ability to continually monitor the pedophile offender while he or she is able to attempt to rejoin society as a productive member. The probation should be conditioned upon special factors including prohibition of unsupervised contact with children as contact well as any contacts with other pedophile offenders.

A lifetime supervised probation term will require the dedicated efforts of federal and state probation officers. The officers must devote substantial periods of time to these individuals to ensure compliance with the terms of the probation.

In some situations the judge may impose a term of unsupervised lifetime probation. This would eliminate the enormous burden on the probation officers while maintaining legal control over the offender. The judge should carefully evaluate the offender and select the terms of probation which would be most effective and least burdensome on the penal and judicial systems.