NACDL offender policy

The following sex offender policy statements were adopted by the Board of Directors of the National Association of Criminal Defense Lawyers by unanimous vote at the Association’s Midwinter Meeting in San Diego, CA, February 24, 2007:
I. NACDL opposes the death penalty as a sanction for sex offenders.
II. NACDL opposes mandatory minimum sentences.
II. NACDL opposes sex offender registration and public notification laws. If employed at all, sex offender registries should classify sex offenders on the basis of risk, with full due process of law. Public/community notification provisions should be reserved for “High Risk” sex offenders.
IV. NACDL opposes civil commitment laws because they punish offenders who have paid their debt to society. If employed at all, sex offender civil commitment statutes should provide a full panoply of due process rights including the right to a jury trial, the right to confront adverse witnesses, the right to present evidence, rules of evidence, a high burden of proof on the government and a process for review and discharge which levels the burden squarely on the government.
V. NACDL opposes residence restrictions because such laws and ordinances do not provide effective community protection and threaten offender stability and reintegration into society.
VI. Sex offender treatment and rehabilitation programs should be adequately funded and available both in our prisons and in the community. Such programs should not include mandatory polygraph examinations and should respect Fifth Amendment rights.
VII. Children are different.



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