A few weeks ago, we spoke with the family of a client who took a plea deal for 5 charges of Maryland Criminal Law Section 11-208 (Possession of Child Pornography).
The defendant, in his late 20’s, is on the Autism spectrum.
He managed to avoid any jail time with a 1-year suspended sentence along with 3 years supervised probation.
The criminal justice system including COMET supervision (sex offender probation or parole) within Maryland is stressful and confusing enough – but even more difficult when dealing with social issues that adults on the spectrum typically have.
Before he was our client, the probationer had his first polygraph exam. When mom and son arrived at the state police location and he learned that mom could not accompany him to the exam room, he was unable to deal with the stress and abruptly left, without being able to complete the polygraph.
What happened after he left?
He was reported as non-compliant (due to not being able to complete the polygraph) and ended up with a violation of probation charge and a hearing.
Thankfully, with the help of his attorney, he avoided any jail time – but has a new polygraph scheduled.
At this point, the family hired us to help navigate the overall post-conviction release process – including probation and the sex offender registry.
According to Autism Speaks, approximately 1 in 45 adults has autism today compared to 1 in 1,000 in the 1970s. A 2017 study by the Centers for Disease Control (CDC), indicates that the percent of adults in the U.S. with ASD is around 2.2%.
However, in 2022, a study of more than 3,000 incarcerated individuals with sexual offenses found that more than 19% had either complete or borderline intellectual or developmental disability diagnosis.
This difference from 2.2% (national percentage of adults with ASD) vs 19% of incarcerated individuals, illustrates the issue clearly.
Autistic individuals in the criminal justice system face unique challenges due to communication differences. Even when they (or a family member) discloses a diagnosis, many times they may not receive appropriate support – starting with their arrest and processing, throughout the trial process, and even after conviction – including incarceration, parole & probation.
It is often difficult for law enforcement and legal professionals to recognize signs of autism (especially among high-functioning individuals) and provide necessary accommodations.
Even when recognized by law enforcement or legal professionals (prosecutors and/or the court), there may be an unwillingness to carve out special accommodations or services needed unless the individual is significantly unable to understand the situation and what is happening.
There is a need for increased awareness, sensitivity, and understanding of how individuals with ASD (and other intellectual and developmental disabilities) understand and react to the process of the criminal justice system. It isn’t just incarceration, but the entire process – starting with pre-trial and going thru probation or parole, as well as the sex registry (which can be a lifetime challenge in for those in Tier 3).
If you have a loved one or family member who is going thru the criminal justice system and has ASD or other disabilities, contact us for more information or a free consultation.