The Arc of New Jersey Developmentally Disabled Offenders Program
Juan Santiago, Director
There are at least 25,000 people with mental retardation in the nation's prisons, and some studies indicate that the actual number may be twice that. This means
that approximately one out of every 20 of the 500,000 prisoners in the United States has mental retardation. Studies also indicate that 4 - 9% of the offender
population has mental retardation. In New Jersey, approximately 860 - 1,935 of the 21,500 inmates in the state correctional system may have mental retardation.
Early identification of clients who may have mental retardation is critical to providing appropriate treatment within the criminal justice system. Without
knowledgeable advocates, offenders with developmental disabilities may not obtain equal justice.
Offenders with mental retardation face certain disadvantages at various stages of the criminal justice system.
- Arrested individuals with mental retardation often confess quickly, might say what they think a police officer wants to hear, and may not understand the implications of Miranda Rights.
- Most defendants with mental retardation more often are convicted of the arrested offense rather than a reduced charge and plead guilty more readily.
- Inmates with mental retardation have more difficulty learning the rules and regulations of correctional facilities, which results in more accumulated rule infractions.
- They are denied parole more frequently, serving on the average, two to three years longer than other inmates for the same offense.
The Developmentally Disabled Offenders program is the only one of its kind in New Jersey that provides
alternatives to incarceration on behalf of individuals with developmental disabilities who are defendants in
the criminal justice system. We are a clearinghouse for information about offenders with developmental
disabilities. The Program serves as a liaison between the criminal justice and human services systems,
and monitors the quality of care and service provided to those with developmental disabilities as they move from one system to another. Its continuing challenge is to investigate how the linkages between
these two systems can be established, strengthened and maintained.
Intervention
Through its intervention, the DD Offenders Program helps to overcome the criminal justice system's lack of understanding of developmental disabilities:
- Provide technical assistance to attorneys who represent these individuals
- every advocacy letter written and Personalized Justice Plan (PJP) developed educates the criminal justice and human services systems about developmental disabilities, the disadvantages faced by this
population and how appropriate community supports can address their habilitative needs.
By the program's very nature, defendants with developmental disabilities face less disadvantages and are
therefore guaranteed access to justice and fair treatment in the criminal justice system. The program can intervene during any stage of a defendants involvement with the criminal justice system: initial
appearance, arraignment, pre-trial conference, trial, sentencing, correctional facility, pre-release planning and community.
Advocacy
Advocacy services are provided to individuals who, because of their disability, may not understand the
workings of the criminal justice system. Our advocacy efforts help ensure that these individuals are
treated equally in the system. We seek to ensure fair access to alternatives to incarceration, correctional
"habilitative" programs, and a more coordinated system of follow-up and aftercare through specialized community release programs and services. The Program also actively advocates for and supports
legislation promoting the development of specialized programs and services for offenders with developmental disabilities and protection of their rights.
Case Management
Case Management Services are provided to monitor individuals with developmental disabilities who
become involved in eh criminal justice system. Once the Program receives a referral from the Courts, Attorneys, Probation department, Department of Corrections, DDD, or any other public or private
agency, we develop a Personalized Justice Plan (PJP). This will enable the referring agency to ensure
accountability for the individual's behavior while balancing the needs of the community. Identifying and
coordinating the services these agencies provide will help to decrease the fragmentation of services and programs as the individual passes from one system to the other.
Education
Through education, we can raise the level of understanding of the client, the service provider, the legal
system, and the community about issues regarding persons with developmental disabilities and the criminal justice system.
Client Education - because of the numbers of persons with developmental disabilities living in the
community, educating them about appropriate citizenship is paramount. The program adheres to a prevention model, and strives to teach clients with developmental disabilities about "Citizenship and the
Law".
Service Provider Information - Through presentations to service providers, the program provides
specific educational programs on the special needs of persons with developmental disabilities and their "at risk" status when involved in he criminal justice system.
Criminal Justice Education - Through informational packets and advocacy letters, the program
educates the court system about the client's mitigating circumstances, and how the client can remain accountable for their criminal behavior while living in the community.
Community Education - The Program educates the community about the needs of defendants with
disabilities. More importantly, we educate the community about how the PJP can be utilized to assist persons with developmental disabilities who become involved in he criminal justice system, and help to
overcome the disadvantages faced by this population.
Training
Because there exists a lack of basic knowledge about developmental disabilities in he criminal justice
system, the Program provides generic and specialized training sessions for any number of target audiences including:
- defense and prosecuting attorneys
- court officials
- judges
- police officers
- parole officers
- and community service agencies.
Training curricula are individually designed to meet the diverse needs and interests of the target audience.
The Personalized Justice Plan (PJP)
The Personalized Justice Plan is presented to the court system as an alternative to incarceration. It
emphasizes the use of the least restrictive community-based alternatives to incarceration as early as
possible in the criminal justice process, while holding individuals accountable for their behavior. When
presented as a special condition of probation or parole the PJP can help stabilize the individual in he
community due to the way supports are identified, coordinated and monitored. Once a client is placed on
probation or parole, the Program monitors the PJP until our client completes their sentence, Monitoring can be weekly, bi-weekly, monthly, or annual, depending on the needs of the individual. Every PJP
increases the individual's accountability and responsibility in he community. Our goal in every case is to help our client successfully complete probation or parole.
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