RECOMMENDATION 77

Part: 
Three
Chapter: 
3

State and Federal correctional facilities should recognize the unique problems of child pornographers and related offenders and designate appropriate programs regarding their incarceration.

In the Southern District of California, a defendant was convicted of transporting material involving the sexual exploitation of children and importing obscene merchandise.[668] The trial court sentenced the offender to the maximum punishment and requested a study by the Bureau of Prisons regarding what treatment he might receive.[669] The study was conducted by a Bureau of Prisons psychologist who had never previously treated a pedophile offender.[670] The psychologist found the defendant amenable to treatment, yet could not recommend a federal institution that was capable of providing the treatment.[671] A community treatment proposal was recommended, which in the prosecutor's view, failed to take into account the danger the defendant posed to the community if released.[672] The Federal Bureau of Prisons has acted to prevent a recurrence of this problem. To avoid any misinterpretation by the courts in the future, the Bureau of Prisons has instructed their mental health staff members to go beyond the specific mental health issues and to consider making recommendations for confinement based on factors other than treatment goals in cases where such a sanction is indicated.

Pedophile offenders and child pornographers present a unique and difficult problem in correction facilities. The nature of the offenses for which they have been convicted make pedophile offenders and child pornographers the lowest class within the prison social system. They may be subjected to verbal and physical abuse by other inmates but this factor should not cause judges to avoid incarceration when necessary.

To provide humane incarceration pedophile offenders and child pornographers should receive specialized attention from correctional officials. Correctional departments may need to provide areas within a designated facility for convicted child sexual offenders to eliminate the threats of harm from other inmates. The facility should also attempt to develop specific therapy programs as they may become known for pedophiles in an attempt to prepare them for their reemergence into society.

The programs will be an attempt to recognize the special problems of pedophile offender or child pornographer encounters during his or her period of incarceration and should focus on safety and prevention problems.

Notes

  1. Chicago Hearing, Vol. I, Joan Webber, p. 192.
  2. Id.
  3. Id., p. 193.
  4. Id., p. 195.
  5. Id., p. 196.