A major class action lawsuit being argued this week could change the way the Minnesota predatory sex offender program operates.

The plaintiffs, who include everyone being held in the program, argue that the program is unconstitutional, that they are being incarcerated with no chance of release, after they have already served their prison sentences. The state is arguing that the program provides treatment for the offenders, and protects the public from the most dangerous, most likely to offend sexual predators.

The plaintiffs are likely to win their suit. Minnesota judges have been warning the state for years that changes need to be made. In the history of the program, not one patient or prisoner or whatever you call them has been declared successfully treated and been released. The state currently has 751 sex offenders incarcerated at an annual cost of over $120,000 per patient per year. There have been patients whom doctors and counselors have declared ready for less restrictions, and a gradual reintroduction to society, but reluctant prosecutors and law enforcement have refused to take a chance on cooperating.

Unfortunately, legislators have not mustered the political fortitude to fix this program. It will be up to the courts, then, to make the changes.