Differential Processing of Abnormal Sex Offenders: Utilization of California's Mentally Disordered Sex Offender Program

Abstract

psychological abnormality-to present an unusually high danger of commission of future sex offenses1 have received adverse publicity. The conventional wisdom is that such programs were developed under political and emotional pressure and without adequate consideration.2 Further, it is often asserted that they are based upon the questionable or erroneous assumptions that the behavior of sex offenders is more predictable and amenable to treatment than that of other offenders. Finally, it is often charged that such programs serve to prolong the confinement that persons committing relatively minor sex offenses are forced to endure without any justification for such increased severity.3 Nevertheless, sex offender programs have generally survived legal attacks upon their validity,4 although the Supreme Court recently indicated that the actual operation of these programs could present substantial constitutional claims. 5 Resolution of these constitutional issues, as well as determination of the general acceptability of sex offender programs, requires extensive information concerning the administration of the programs. This article evaluates several aspects of the most extensively utilized program in the United States, the California Mentally Disordered Sex Offender program. 6