Tasteless confinement of juveniles with I/DD: How to keep juvenile offenders with intellectual and developmental disabilities out of confinement

Abstract

AbstractA lack of screening for intellectual and developmental disabilities (“I/DD”) in juvenile justice systems nationwide results in a lack of appropriate accommodations. As a result, juveniles with I/DD are at a heightened risk of recidivation and adult incarceration than non‐disabled offenders. Additionally, juvenile incarceration harms an individual's health and educational and employment attainment. This Note proposes model legislation that requires mandatory screening for I/DD and implements a pre‐arrest restorative community‐based diversion program aimed at meeting the needs of juvenile offenders with I/DD and teaching participants intellectual, emotional, and social skills, while reducing incarceration and recidivism rates among youth with I/DD.