Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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Mr. Jack Donson, Executive Director of the Federal Prison Education and Reform Alliance, along with moderator, Patricia Cresta-Savage, Chair of the Corrections Committee, discuss the recent updates to the "How to Navigate the Prison System Guide." Mr. Donson discusses navigating the BOP from pre-trial to sentencing classification and post-conviction. He reviews the updated Guide to include the links to documents, references, policies and procedures for incarcerated individuals, practitioners, and their families.
John Albanes, NACDL Return to Freedom Project Legal Director, discusses a mental health case study, following a case through the system from pre-trial to post conviction. Jack Donson, BOP expert, discusses the current mental health treatment and re-entry programs. Pat Cresta-Savage of NACDL’s Corrections Committee introduces the program and provides additional information on the work of the committee.
As diagnosed behavioral health complexities continue to rise in the general population, so is true in the criminal legal system. According to the National Center for Drug Abuse Statistics, 80% of inmates have a history of drug or alcohol abuse. Addiction being a biopsychosocial disease is often comorbid with a diagnosed or undiagnosed mental health condition, this condition is better treated medically rather than penalized legally.
The presentation includes a brief PowerPoint presentation on topics from the Female Offender Manual. A panel discussion follows to address questions on the policy, medical treatment, special needs and challenges regarding the administration of female facilities.
On March 8th, 2021, NACDL's Corrections Committee released an important new online resource, “The State of Prison & Jail Communication Systems,” as well as a separate manual, “How to Navigate the Federal Prison System.” Given the ongoing COVID-19 pandemic, both the online interactive map and guide are especially crucial and timely resources for attorneys, family members of incarcerated individuals, and the public.
Where the majority of convicted federal defendants confront incarceration within the federal Bureau of Prisons (BOP), it is incumbent upon counsel to understand the agency's policies and practices so as to best advise their clients and navigate during a difficult period. This presentation focuses on designation, medical care, substance abuse treatment, the FIRST STEP Act, pre-release placement and COVID-19 related considerations.
Presented by Todd Bussert, Frost | Bussert LLC, New Haven, CT
The seminar discusses a review of evaluation, designation, treatment and BOP procedures for prisoner placement and follow up. Mr. Jack Donson discusses the BOP requirements and regulations and Dr. Diane Sommer provides in-depth information referencing her thirty-five years of experience as a doctor, twenty of which were in the BOP as well as her time in the military.
What happens to our clients after sentencing is largely a mystery to defense attorneys. For most of us, our impressions of prison are created more by fictionalized media than actual knowledge. Our lack of familiarity with the corrections system makes us ill-equipped to prepare our clients for what they can actually expect on the inside. In this webcast, former federal prisoner turned professor Michael Santos speaks about what defenders can do to help prepare their clients prepare for prison and beyond.
NACDL has serious concerns with many of the changes in the proposed rule Inmate Discipline Program: Disciplinary Segregation and Prohibited Act Code Changes, 89 FR 6455. …the proposed regulations provide no protections for people in administrative segregation and other forms of solitary confinement. Second, the creation and elevation of disciplinary violations … will lead to arbitrary and capricious enforcement and further erode public trust in the agency. Third, the proposed ban on social media accounts … impedes a critical component of successful reentry...
Memo prepared for the webinar "Everything You Wanted To Know About Federal Compassionate Release (But Didn’t Know To Ask)."
Navigating the federal criminal justice system’s policies, procedures, and practices can feel insurmountable. From pre-trial through post-sentencing and on to pre-release, a web of “program statements” and institutional practices guide the Federal Bureau of Prisons in making decisions relating to confinement and release. This guide is designed to help ease some of those challenges. Each section highlights obstacles confinement poses and offers resources and strategies to overcome these barriers. Prepared by the NACDL Corrections Committee. [Released Mar 2021; updated Nov 2023]
Back on November 4, 2022, NACDL’s then President Nellie L. King wrote to Director Peters to amplify the association’s call for (1) permitting privileged and unmonitored email communications between attorneys and clients in both pretrial and post-conviction settings and (2) for a “help desk” to facilitate scheduling of privileged attorney-client telephone calls.
We have seen the DOJ Advisory Group’s July 20, 2023, Report and Recommendations... In general, we think many of the recommendations are sensible. But some of them are troubling.
NACDL supports the Commission’s proposed amendment to §1B1.13, with some suggested modifications, and supports Option 3 to (b)(6). After reviewing the Commission’s recent hearings on this proposed amendment as well as the submitted written testimony, NACDL focuses its comments on proposals (b)(5), (b)(6), and (b)(4).
NACDL submits this comment in response the Bureau of Prisons’ Proposed rule that would significantly change the regulations regarding the Inmate Financial Responsibility Program. We oppose these proposed changes, which are harsh and inequitable and will harm not only people who are incarcerated, but their families and dependents.
This report by NACDL and the Samuelson Clinic makes the case for Congress to act immediately to protect the attorney-client privilege in emails sent between attorneys' offices and people in BOP custody. It also calls for the BOP to stop its practice of requiring incarcerated clients to “voluntarily” agree that their email will be monitored and that attorney-client privilege will not apply to legal emails, just as the government is required to in other contexts. [Released December 2020]