Mandated Sex Offender Program

Mandated Sex Offender

Mandated Sex Offender Program

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Mandated Sex Offender Program

It is not uncommon for a city to have thousands of registered sex offenders living in their communities. These sex offenders in many cases have never been forced into any type of treatment program despite their prevalence in society. Violent rapist and child molesters are allowed back into society without the tools to avoiding committing further sexual offenses. Despite the fact that there is a large number of sex offenders in society many states do not mandate sex offender treatment and instead it is voluntary. By mandating sex offender program the number of sex offender threats in society will be reduced. Without treatment the number of victims will just continue to pile up.

Sex offenders are a major problem in society and pose a major threat to people in society. Despite this threat sex offenders are released into society and only required to register on a sex offender registry. There are several levels or tiers of sex offender registered in the sex offender registry with rapist being tier three. Tier three offenders are the most dangerous and in the state of Ohio they are required to attend sex offender treatment within three years of their release (DOC, 2013). If the sex offender does not fulfill this mandate they can be placed back into prison.

Sex offender should be required to attend mandatory sex offender treatment while in jail and when there are released. Without constant supervision the sex offender could easily succumb to their past sexual deviant behavior. Some states require mandatory sex offender treatment while others have an involuntary civil commitment law or community notifications. Involuntary civil commitment refers to a requirement where sex offenders that have been assessed and determined to continue to pose a threat to society after their release (DOC, 2012). These offenders are placed in mental hospitals until they have been deemed cured or no longer pose a significant threat to society.

Mandatory sex offender programs are not unconstitutional especially if the offender has been found guilty of a crime. The constitutional issue that arises with the mandatory sex offender program involves the criminal offenders Fifth Amendment right (Maiano, 2005). The Fifth Amendment guarantees citizens will not be forced to self incriminate. When an offender is forced into mandatory sex offender treatment they are required to admit their crimes and talk about their sexual crime. If the offender is going through the appeals process the information provided by the offender could point to their guilt even though their due process rights to not require them to make any admissions about their sexual crime.

The government has made many exceptions that involve a limit being placed on a due process right. For example the Patriot Act allows police to bypass the Fourth Amendment rights of the suspected terrorist for the good of society so limiting the sexual offenders Fifth Amendment right would not be such a leap especially if the result is members of society are safer (Maiano, 2005). Sexual offender found guilty of a third tier sex crimes should be required to attend mandatory sex offender program in and out of prison whether it is a violation of their due process rights or not. The criminal chose to commit the crime and should suffer whatever limitations that are placed on their rights if it is for the good of society.

When a sex offender commits a crime they leave behind a victim(s). These victims have a right to be assured that when their sexual offender is released from prison that they will not pose the same threat to society. In America, with the exception of terrorism, the right of the offender far outweighs the right of the victim. Third tier sexual offenders that fail to fulfill their treatment obligation should be placed in prison until they complete sex offender programs and are deemed treated.

References

Department of Corrections. (2012). Civil Commitment of Sexually Violent Predators. Retrieved

May 15, 2013 from http://www.doc.wa.gov/community/sexoffenders/civilcommitment.asp

Maiano, M. (2005). Sex Offender Probationers and the Fifth Amendment: Rethinking

Compulsion Exploring Preventative Measures in the face of Required Treatment Programs.

Retrieved May 15, 2013 from http://www.ccoso.org/library%20articles/LCB_10_4_