NCJ Number
86123
Journal
Criminal Justice Journal Volume: 4 Issue: 1 Dated: (Fall 1980) Pages: 75-83
Date Published
1980
Length
9 pages
Annotation
This paper, included in a symposium edition focusing on California's treatment of mentally disordered sex offenders (MDSO's), argues that MDSO procedures and authority should be reformed.
Abstract
The basic assumption underlying the identification, commitment, and release of the MDSO is that if the defendant's mental disorder is cured, the cause of criminality has been eliminated, benefiting both the offender and society. However, no reliable data have demonstrated that MDSO treatment programs are effective to a meaningful degree. In addition, the commitment process is not adversarial in nature. In most MDSO cases, the State accommodates the defendant who affirmatively wishes MDSO status. In practice, MDSO commitment has presented most felons with a desirable alternative to a State prison term. Reform measures should be instituted at once. Absent repeal, MDSO proceedings should be limited to only those cases in which the prosecutor seeks such a result. An alternative to the present procedure would be to provide MDSO-type treatment programs as a condition of probation. Within established guidelines, trial courts would have the discretion to recommend MDSO commitment. Finally, MDSO treatment may not be worth the price society must pay for it, both in terms of cost and in allowing the sexual offender to avoid punishment for the crime. Twenty-eight footnotes are provided.