People with Intellectual & Developmental Disabilities within the Criminal Justice System

Presenter – Alexandra Andrews, MA Health Care Advocacy Program Coordinator at Advocacy Denver

Advocacy Denver Profile

Formerly the Arc of Denver; still an Arc Chapter.

Non-profit, civil rights, advocacy organization serving people with I/DD of all ages.

Assistance/Guidance provided in many areas: Housing, transportation, financial stability,

legal services for special education, employment, and health care.

Initiate public policy change in order to promote positive solutions.

Health Care Advocacy Program Profile

Guide adults with I/DD through the health care system. Serve both English and Spanish speaking

individuals.

Provide health and wellness education.

Track gaps in the health care system.

Collaborate with other individuals and organizations to educate and assist in legislative and system changes.

Defining I/DD

Intellectual disability –

is a below average cognitive ability with 3 characteristics:

I.Q. is between 70-75 or below

Significant limitations in adaptive behaviors (the ability to adapt and carry on everyday life activities such as self-care, socializing, communicating, etc.)

The onset of the disability occurs before age 18. 

Developmental Disability –

includes people who have an ID, autism, cerebral palsy, severe seizure disorder, or a severe head injury.

Under federal law, DD means a severe, chronic disability of an individual that:

is attributable to a mental or physical impairment or both.

is manifested before 22 yo.

is likely to continue indefinitely

results in substantial functional limitations in 3 or more major life areas.

Focus on perpetrators with I/DD

I/DD comprise 2% to 3% of the general population.

They represent 4% to 10% of the prison population, with an even greater number of those in juvenile facilities and in jails (Petersilia, 2000).

Prepetrators with I/DD, cont.As suspects, individuals may: Not want their disability to be recognized and try to

cover it up. Not understand their rights Not understand commands, instructions, etc. Be overwhelmed by police presence Act upset at being detained and/or try to run away Say what they think officers want to hear Have difficulty describing facts or details of offense Be the first to leave the scene of the crime, and the

first to get caught Be confused about who is responsible for the crime

and “confess” even though innocent

(Leigh Ann Davis, 2009)

Perpetrators' Characteristics

Typically, the perpetrators with I/DD are: Male Older than other offenders Exhibit long-standing and continuing serious behavioral

disturbance (independent of their psychiatric diagnosis or level of involvement with the criminal justice system)

Require supported or custodial accommodation, despite only mild or borderline levels of ID.

Although only one-third have a diagnosable major psychiatric disorder, three-quarters have had prior or current contact with psychiatric services and two-thirds suffer chronic medical illness.

(W. Glaser & D. Florio, 2004).

Mental Health of Perpetrators with I/DD

“Despite increased prevalence of psychiatric disorder amongst offenders with an intellectual disability (ID), there is very little known about the characteristics and needs of those with dual disability”

“The multiple services provided to this group have been ad hoc, poorly coordinated and sometimes dangerously inappropriate. A service provision model is required which must be integrative and consistent.” (W. Glaser & D. Florio, 2004).

Mental Health of Perpetrators with I/DD, Continued

Mental health services are provided in prison and jail, but infrequently meet the needs of people with I/DD.

Follow-up after incarceration is limited.

Police and mental health providers have limited training dealing with people who are dually diagnosed.

ACA and Medicaid Expansion

Improvements have been achieved in other states for people with I/DD and MI. Better utilization of Home and Community-Based

Medicaid Waivers Increased state funding for crisis services and

increased access to mental health services. 1915(k) Community First Choice personal care plans Money Follows the Person Balancing Incentives Payments programs The Health Home, optional Medicaid state plan

Further Recommendations in: “Including Individuals with I/DD and Co-Occuring Mental Illness”, NADD, 2011.

Contact

Alexandra Andrews, MA 303.974.2520 (office) aandrews@advocacydenver.org Advocacy Referral Line – 303.974.2530 Website – www.advocacydenver.org