State officials have apparently been in denial about the problems facing the state’s sex offender treatment program. U.S. District Judge Donovan Frank has given frequent warnings about the constitutionality of the program, which commits convicted sex offenders for treatment after their criminal sentences have served their criminal sentences. He has given the state ample time to correct the problems, but the Legisalture and governor have done nothing.

So on Wednesday, in a class action lawsuit, Judge Frank ruled the state program violates the fundamental rights of the 700 inmates who have been held indefinitely. The program, he said, is unconstitutional.

Gov. Mark Dayton’s response to the decision was basically, “The judge is wrong, it is so constitutional.”

The judge is giving the governor and legisaltive leaders another chance to fix the program, urging them to bring proposed remedies to proceedings that will begin in August. If they don’t the judge will issue his own corrections, and could possibly shut down the programs, or release those being held.

It is hard to argue about the problems the judge has cited. The program, in its 20-year history, has incarcerated more than 700 people considered at high risk to re-offend for treatment and counseling, with the aim of releasing them when they had made sufficient progress. But in practice, the program is pretty much a life sentence, and an expensive one for the state.

It’s time for the state to start cooperating with the judge instead of fighting him on this. There need to be some realistic changes in this program that will maintain protection of the public while offering those held some hope of eventual release if they can change their ways. Otherwise the judge will do it for them.