People with autism, intellectual or development disabilities face numerous challenges due to their difficulty communicating with other people and understanding many of our society’s laws. This difficulty is amplified in the criminal justice system. That is why we are introducing legislation to create a diversion program for defendants diagnosed with autism or intellectual or development disabilities for non-violent crimes if it’s deemed that the disability was a clear contributing factor to the crime. This reform will save money by diverting non-violent offenders out of the prison system and ensuring they receive probation conditions that prevent recidivism.
 
The four requirements for probation are:
 

1. The defendant pleads guilty or nolo contendere or is found guilty of a crime;
2. The defendant is diagnosed with autism spectrum disorder or a developmental or intellectual disability;
3. The court finds clear and convincing evidence that that the defendant’s criminal conduct was caused by the defendant’s disorder or disability; and
4. Granting probation before judgement would be in the best interests of the defendant and in the interest of public safety and justice.

 
When the court is considering making this determination, they must consider the input and statements of the prosecutor and the crime victim or crime victim advocate. Also, if the defendant violates any terms of the probation agreement, the court may enter a finding of guilt and impose a sentence. Advocates for this legislation have noted that this policy has resulted in a 0% recidivism rate in other states where it has been enacted.
 
Please join us to support this important criminal justice reform that will improve lives for people with autism, intellectual or developmental disabilities, reduce recidivism, and save taxpayer dollars by reducing prison sentences.