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Justice for All? Offenders With Mental Retardation and the California Corrections System

NCJ Number
170891
Journal
Prison Journal Volume: 77 Issue: 4 Dated: (December 1997) Pages: 358-380
Author(s)
J Petersilia
Date Published
1997
Length
23 pages
Annotation
California correctional agencies handle an estimated 22,000 adults and juveniles who are mentally retarded (MR), 2 percent of all probationers and 4 percent of all those in custody, but MR inmates are not usually identified and do not receive specialized programming.
Abstract
A lawsuit, Clark and Woods v. California, was recently filed against the California Department of Corrections on behalf of all MR inmates. This lawsuit created renewed policy interest in the MR population. Moreover, studies show MR offenders are more likely to be convicted, receive a prison sentence, and serve a greater portion of their prison term than nondisabled offenders. In addition, the Americans With Disabilities Act requires that all correctional agencies establish screening and rehabilitation programs specifically for MR offenders. The author believes that sentencing low-risk MR offenders to intermediate sanctions may save money and reduce recidivism rates and that fair policies are needed to provide equal protection, protection from victimization, and appropriate treatment for MR offenders. The need for more information on MR offenders is also emphasized. 59 references and 2 tables