NCJ Number
185053
Date Published
2000
Length
60 pages
Annotation
Study findings in this report on criminal offenders with developmental disabilities indicate that the criminal justice system often fails these individuals because it fails to identify or accommodate their uniqueness.
Abstract
The criminal justice system does not routinely identify them as developmentally disabled at any phase of the criminal justice process-from arrest through adjudication. Routine screening methods should be required for identification throughout the criminal justice system, since persons with mental retardation often try to conceal their disabilities. However, even when judges or others suspect a cognitive disability, they often cannot act on it because there are few provisions to treat the mentally retarded-particularly the mildly retarded-any differently from other suspects. The following suggestions are offered on how to better accommodate persons with cognitive disabilities in the criminal justice system: (1) Increase criminal justice-related education for clients and their families and care providers; (2) Establish a legal advocate to assist arrestees; (3) Routinely educate criminal justice system personnel on developmental disabilities; (4) Implement a system to identify offenders with mental retardation or developmental disabilities at jail intake; (5) Educate public defenders on how to represent persons with developmental disabilities; (6) Establish appropriate sentencing options; and (7) Establish and test re-entry courts to manage the transition from prison to community. Practices and prospects in California for dealing with criminal offenders who have developmental disabilities are discussed. 87 references, 6 tables, and 4 figures