The COPS Office and The Arc’s National Center on Criminal Justice and Disability are partnering to increase awareness and provide learning resources for law enforcement on intellectual and developmental disabilities (I/DD). The goals of this partnership are

• to inform law enforcement about I/DD;
• to provide resources and tools that increase knowledge and skills in interactions with the I/DD community;
• to help build relationships between the I/DD and law enforcement communities.

The resources in development include a series of podcasts, articles for law enforcement, and a five-part video series that can be used as roll call training and as a supplement to in-service training. Speaking engagements at national and international law enforcement conferences and meetings, as well as webinars and roundtable discussions, will all be part of the educational suite of resources.

I/DD are different from other types of disabilities, including mental health disabilities, and often require a different approach from officers. Developmental disabilities, often thought of as an umbrella term, include many distinct diagnoses, but generally include disabilities that start during the developmental period (before age 22) and continue across the lifespan. Intellectual disability, often considered a type of developmental disability, is characterized by limitations in intellectual functioning and adaptive behaviors, which include social, practical, and conceptual skills. These limitations occur before the age of 18 and continue across an individual’s life.

Studies indicate that somewhere between one and three percent of Americans have intellectual disability. The most common diagnoses associated with intellectual disability include autism, Down syndrome, Fragile X syndrome, and Fetal Alcohol Spectrum Disorder (FASD), but not every person with a developmental disability will have intellectual disability.

It can be quite challenging for law enforcement officers to spot these disabilities, which often have no outward or obvious signs. As a result, people with I/DD are often mistakenly perceived as suspicious when, in actuality, the behavior is related to their disability. In interactions with law enforcement, some individuals with I/DD may not be able to understand or respond appropriately to an officer’s commands or, out of fear, may even try to run away. Like many others, officers may have preconceived notions about disability and related behaviors, but officers need to serve all communities in a fair and impartial way.

One tactical philosophy for engaging people with I/DD and challenging preconceived notions is to encourage officers to slow things down and ask themselves, “What’s really going on here?” This provides an opportunity to build rapport with an individual, ask questions, and assess the entirety of the situation. Taking a few moments to observe the person and take in the situation will allow officers to better gauge if there is an immediate threat and allows for formulation of a plan to call for assistance or deescalate the situation, as appropriate. It is important to note that an officer’s very presence or method of response could quickly escalate a situation, so the more knowledge an officer has about how to interact with someone with I/DD, the better.

The following table lists commonly misunderstood behaviors that are associated with I/DD and are also associated with perceived criminal activities and threats. The left side of the table describes the behavior, while the right side of the table describes examples of actions law enforcement can take to assess the situation, call in assistance, or resolve the situation. In all of these situations, officers must first assess the situation for safety.

By slowing things down and assessing the situation, officers are increasing safety for themselves and for people with I/DD. They are also acting in compliance with disability rights laws that prohibit discrimination on the basis of disability. Officers are not expected to be able to diagnose I/DD or be held to clinical standards of knowledge about these disabilities, but by taking a few minutes to fully assess a situation, officers can ensure everyone’s safety and respond to the person with I/DD more effectively.

Individuals with I/DD and the larger disability community need to believe that when they interact with law enforcement, they will be respected, treated fairly, not experience discrimination, and will have a voice in the criminal justice process. Building stronger lines of communication between the disability and policing communities will go a long way toward building meaningful relationships and ensuring that a traditionally marginalized population receives the same access to policing services as those without disabilities.

See the Arc’s website for further information on serving those with I/DD.

Leigh Ann Davis, Director
Criminal Justice Initiatives, The Arc of the United States

Ariel Simms, Senior Program Manager & Attorney
Criminal Justice Initiatives, The Arc of the United States

Melissa Bradley, Senior Policy Analyst
COPS Office

Tweet