Two studies were recently published showing that individuals with autism spectrum disorder (ASD) have a shorter life span than the general population. A 2017 American study published in the American Journal of Public Health found that the average lifespan for individuals with ASD was 36.2 years. A Swedish study published in the British Journal of Psychiatry showed that individuals with ASD who had an intellectual disability had a life expectancy of 39.5 years compared to 70 years for the general population. Individuals with ASD who did not have an intellectual disability had an average lifespan of 58 years.
Causes of Earlier Death The American study found that a significant number of individuals with ASD died as the result of an injury. Suffocation was found to be the leading cause, followed by asphyxiation and drowning. A child with ASD was 160 times more likely to die from drowning compared to other children. This may be because children with ASD are more likely to wander away from caregivers, especially towards the water, when faced with anxiety. According to the Swedish study heart disease, seizures, and suicide were the three main causes of death in those with ASD. People with ASD are more likely to suffer from epilepsy than the general population. Frequent and intense seizures that are poorly controlled by medication can be fatal. Congenital heart disease genes are also linked to ASD. In addition, individuals with mild to moderate ASD also suffer from depression at a higher than average rate which can lead to increased suicidal behavior. What Can Be Done Families and caretakers of those with ASD can take steps to help prevent early death. Parents can make sure that their children with ASD take swimming lessons and learn water safety to decrease the incidence of drowning. Closely monitoring children with ASD to prevent drowning and other injuries is also important. People with ASD and epilepsy should ensure that they are properly treated and medicated to prevent and control seizures. They should also be tested and treated for any heart disease. Early diagnosis and treatment of depression and other mental illness in individuals with ASD is also an essential part of preventing early death. If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.
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New York’s former Governor Andrew Cuomo signed into a law a bill that would allow the state’s Office for People with Developmental Disabilities create a standardized identification card for individuals with autism spectrum disorder (ASD) and other developmental disabilities in 2018. The card represents an optional way for individuals with ASD convey information to others, including first responders, about their diagnosis. The information on the card would include information about ASD as well as an emergency contact number and address. The goal is to improve interactions with law enforcement.
New York Assemblyman Angelo Santabarbara, whose son has ASD, introduced the bill and pointed to an incident in Arizonaas highlighting the need for the ID cards. In 2017, Connor Leibel, a 14-year-old with ASD, was assaulted in the park by a police officer who believed that he was demonstrating evidence of drug use. Connor had been engaging in self-stimulating behavior or "stimming" which is a repetitive behavior that can bring a sense of calm to individuals with ASD. In this case, Connor was playing with a piece of string. When confronted by a police officer who had no training in autism, Connor explained what he was doing. The office slammed Connor into a tree and wrestled him to the ground. Connor sustained bruises, scratches, and a swollen ankle which required surgery. If Connor had been armed with an ID card informing the officer of his condition, then perhaps the incident could have been avoided. Not a Replacement for Training Autism ID cards are used across the country to help people with ASD in their interactions with law enforcement and other first responders. They're even sold online, and templates can be found on autism advocacy websites. They are useful tools. However, the onus should not be entirely on the person with ASD to explain their condition. Law enforcement should also receive specialized training on how to handle situations involving individuals with ASD and other developmental disabilities. They should be informed of the behaviors typically displayed by those with ASD and learn how to respond accordingly. Learning techniques such as de-escalation can help reduce violent conflicts and keep everyone safe. If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058. 
According to a recent study, it was found that individuals with autism spectrum disorder (ASD) are more likely to suffer from depression in adulthood than the general population. The study was a Swedish population-based study that looked at 223,842 participants who were followed from when they were children into young adulthood. The study compared young adults with ASD to those without the disorder. The study also looked at the siblings of those with ASD to rule out any familial effect.
Close to 20% of the participants with ASD received a depression diagnosis in young adulthood. It was discovered that those with ASD who did not have an intellectual disability were at a greater risk for depression. People without intellectual disability may be more prone to depression because they have a greater awareness of their difficulties and know more about their own limitations. Possible Reasons for Depression While it is not clear from the study whether the higher rates of depression are the result of environmental factors or something biological, there are significant reasons why someone with ASD may be more prone to depression. Individuals with ASD have trouble with communication and social interaction and may find themselves disconnected from the people around them. In addition, some of the behaviors associated with ASD may cause individuals to be the source of ridicule or isolation. Challenging to Diagnose The rates of depression among these individuals may be even higher than reported due to the difficulty of diagnosing mood disorders in those with ASD. Individuals with ASD tend to have a flat affect, and their facial expressions don't always match their mood. In addition, people with ASD can have difficulty discussing their feeling and the feelings of others. Another challenge is that some of the symptoms of depression overlap with symptoms of ASD. These symptoms can include depressed affect, sleep disturbances, social withdrawal, and reduced communication with others. Early Diagnosis The takeaway from this study is that families and physicians of individuals with ASD need to be more aware of the risk of depression. Children with ASD should be monitored for signs of depression so that they can receive early support and treatment. If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058. 
Autism Spectrum Disorder (ASD) is a developmental condition that contains a broad range of disorders that affect communication and behavior. There is a wide variety of types and severity of symptoms that people experience. Individuals with ASD have persistent challenges in social interaction, problems with speech and nonverbal communication and sometimes repetitive or restricted behaviors. ASD can be diagnosed at any age, but symptoms generally begin appearing by the age of 2. Individuals with ASD can face significant challenges in the ability to function properly at work, school, and in other areas of life but many individuals with ASD live independent and successful lives. Signs and Symptoms Not all individuals with ASD show the same signs and symptoms. Some common social interaction and communication behaviors include:
Some common restrictive and repetitive behaviors include:
Statistics According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 59 children has been identified with Autism Spectrum Disorder (ASD). ASD occurs in all racial, ethnic, and socioeconomic groups but is 4 times more likely to occur in boys than girls. In some studies, it was shown that if one identical twin has ASD, the other twin is 36-95% more likely also to have ASD. Parents who have a child with ASD are 2-18% more likely to have a second child with the disorder. Treatment Medication can be used to treat some of the behaviors that go along with ASD such as anxiety and depression, hyperactivity, attention issues, irritability, and aggression. People with ASD may also benefit from programs that help them learn social, communication, and language skills. Therapies that help build life skills and reduce challenging behaviors can also be helpful. If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058. 
While it is unknown exactly how many people have a Fetal Alcohol Spectrum Disorder (FASD), it is estimated that 2-5% of children in the United States have an FASD. FASD results from the use of alcohol by a mother during pregnancy and according to the Centers for Disease Control, 10% of pregnant women report drinking, while 3% report binge drinking during pregnancy. FASD is a hidden disability where symptoms are not always obvious to those on the outside, but sometimes these symptoms can be debilitating and can lead to unfortunate interactions with the criminal justice system.
What is Fetal Alcohol Spectrum Disorder? Fetal Alcohol Spectrum Disorder refers to a group of conditions that may occur if a person’s mother consumed alcohol during pregnancy. Alcohol in the mother’s blood stream passes to her baby through the umbilical cord. Therefore, when a pregnant woman drinks alcohol, so does the baby. No amount of alcohol is safe during pregnancy and FASD can occur even if a pregnant woman never binge drinks. Alcohol consumed by the mother can cause significant damage to the brain. Symptoms of Fetal Alcohol Spectrum Disorder FASDs, including Fetal Alcohol Syndrome, can lead to a variety of physical, cognitive, and intellectual disabilities. Behavioral and social issues may include:
Fetal Alcohol Spectrum Disorder and Criminal Justice Individuals with FASD sometimes become involved with the criminal justice system. The brain damage that results in FASD can make it difficult for individuals to avoid problems with the law. Lack of impulse control and problems thinking of future consequences can lead to involvement in criminal activity. In addition, tendency toward explosive episodes and vulnerability to peer pressure can also lead to a high risk of trouble with the law. In 2012, the American Bar Association passed a resolution urging attorneys and judges to receive training on how to recognize and handle FASD in the criminal justice system. It is important that brain disorders are treated properly when it comes to crime. As Stephen G. Cobb noted in Representing People with Mental Disabilities(edited by Elizabeth Kelley and published by the American Bar Association): "If crime itself is the result of brain disorders, then crimes are actually the reasonably foreseeable symptoms of abnormal brain function. Because criminal law is predicated on all persons being presumed “sane,” this calls into question whether our entire criminal justice system is built on a false paradigm that is no longer sustainable. At the present time, federal and state governments around America are punishing people for medical disorders. Now that this has come to light, it is past time to have a national conversation about what this means for criminal justice and what kind of a society we are. Until we recognize the powerful link between crime and brain disorders, and create appropriate preventative and treatment measures, what will a sizable portion of the population do as a result of undiagnosed and untreated brain disorders? " If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058. 
Solitary confinement is routinely used in prisons as a punishment for disciplinary violations and, as a result, a disproportionate number of mentally ill inmates are placed in solitary. According to a Department of Justice report, the Federal Bureau of Prisons uses solitary confinement for mentally ill inmates at a high rate and that these inmates don’t get the treatment they need. Inmates with mental illness tend to be held in isolation longer than other inmates in federal prison. The problems prevail in state prisons as well. In South Carolinait was found that inmates who suffered from a serious mental illness were more than twice as likely to be placed in solitary confinement.
The symptoms of mental illness are often seen as reasons to place an inmate in solitary. Suicidal threats and threats to other inmates are the most common reasons for placement in solitary confinement. Currently more than 4,000 inmateswith serious mental illness are in isolation. This number is likely on the low side given that many inmates with mental illness go undiagnosed and untreated. Inmates in isolation are held for 22 hours a day, often for 15 days or more. Effects of Solitary Confinement It is well known that the effects of solitary confinement can have a detrimental, and even deadly effect on anyone, especially inmates with mental illness. In a 2014 study, it was found that New York City prisoners placed in solitary confinement were 7 times more likely to engage in self-harm or suicide. While some inmates may be able to employ coping mechanisms while in isolation, those with mental illness often lack those skills and have more trouble adapting. In addition, prison rules for isolated prisoners sometimes means that inmates with mental illness don’t receive the mental health services they require. The majority of inmates who spend extensive time in solitary confinement experience some symptoms of declining mental health, even those who were mentally healthy to begin with. This fact highlights the destructive nature of solitary confinement on mental health. Without treatment, solitary confinement only exacerbates the symptoms of mental illness. If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058. 
Due to a growing population of mentally ill offenders, and a high rate of low-level crimes, the city of Houston opened the new Judge Ed Emmett Mental Health Diversion Center in October. The Center, which opened in midtown several years ago, contains 29 beds meant to house non-violent offenders with mental illness. The aim of the facility is to provide an alternative to jail for these offenders by allowing them to seek treatment instead. The Center houses people for anywhere from a few hours to a few days.
Diversion Programs Throughout the country there has been a trend to implement diversion programs in cases where offenders with mental illness commit low-level crimes. The goal is to prevent overcrowding in jails and provide appropriate treatment to prevent recidivism. Prison and jail tend to exacerbate the symptoms of mental illness and diversion programs can go a long way in curbing the problem. Houston recognized that county jail was not always the appropriate place for offenders with mental illness. Some of the 9,000 individuals in lock-up had returned 70-80 times for offenses such as loitering and trespassing. Many of these offenders had a mental disability. While the program currently focuses on those offenders who have committed Class B misdemeanors, there is hope that it will expand to cover other offenses. The Center was built as part of the Harris County Mental Health Jail Diversion Program. This program helped connect those with severe mental illness who were already behind bars with mental health treatment and other services. While a 2016 study found that the program only improved outcomes for a small fraction of offenders, authorities are hopeful that the program will improve on those results. The program is still a work in progress. In recent years, the county also began programs to keep offenders with mental illness out of solitary confinement while in prison or jail by offering them therapy instead. This is an important step since studies show that solitary confinement tends to exacerbate the symptoms of mental illness and that those with mental illness are more likely to be placed in isolation. If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058. 
In September 2018, the Alabama Supreme Court voted 5-4 to overturn the death sentence of a man convicted in a 2009 robbery and shooting that led to the death of a man. The ruling came after the United States Supreme Court ordered Alabama courts to reconsider the death sentence for Anthony Lane in 2015, stating that states cannot execute individuals with intellectual and developmental disabilities. The Alabama attorney general’s office conceded that the trial court should not have sentenced Lane to death and joined in the defense’s motion.
Atkins v. Virginia In the case of Atkins v. Virginia, the U.S. Supreme Court held that the execution of individuals with intellectual disabilities violated the Eighth Amendment ban on cruel and unusual punishment. The Court stated that the Eighth Amendment should be read in light on the “evolving standards of decency that mark the progress of a mature society.” The Court cited the fact that a number of states had begun to outlaw the execution of the intellectually disabled and saw a consistency in the direction of change on the issue. The Court left it to the discretion of individual states to set guidelines in determining whether an individual had an intellectual disability that would prevent their execution. Hall v. Florida In Hall v. Florida, the U.S. Supreme Court narrowed the standard states may use in determining whether an individual sentenced to death has an intellectual disability that would prevent execution. Florida had established a bright-line rule that anyone with an IQ over 70 was eligible for execution. The Court found that states had to go beyond IQ measurements in determining eligibility and stated that a rigid rule could lead to the execution of individuals with mental disabilities. A defendant must be able to introduce evidence in addition to IQ scores that show things such as the inability to learn basic skills and adapt to changes. Anthony Lane In the Alabama case, Lane had an IQ of 70 and it was undisputed that his intellectual functioning was significantly below average. The dispute in the lower courts centered around whether Lane had the requisite deficits in adaptive skills that would render him intellectually disabled. A medical expert determined that Lane lacked the fundamental social and practical skills that would make him eligible for execution. If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058. 
According to data from the Bureau of Justice Statistics, from 2011 to 2012 over 40% of jail inmates had a mental illness diagnosis. Of those, only about a third were being treated for the illness. Many of these individuals can be found in county jails across the country. As the justice system continues to criminalize those with mental illness, it places a significant burden on the county jails that house them.
Unique Challenges Unlike prisons that house inmates that have been convicted and sentenced for a crime, county jails are responsible for a mix of different types of inmates. Some inmates are awaiting trial while others are serving relatively short sentences. This can make it difficult to mandate programs for individuals who have yet to be convicted. Many county jails are also overcrowded and face budget shortfalls. The facilities simply do not have the resources to handle a population of inmates with mental illness. Mental Health Screenings County jails are on the front lines of the mental health crisis. They are often their communities’ largest mental health facility. Some jails are attempting to address the problem by increasing screening for mental illness during the intake of an inmate or when an issue arises. Once an inmate is identified as potentially having a mental disability, they are then referred to treatment from the community once they are released. Inmates are sometimes assigned caseworkers while in jail who can help them connect with treatment and navigate their release. The hope is that treatment will prevent the individual from returning to jail and help them integrate into the community. Problems Continue The reality of the situation is that many county jails are ill-equipped to handle inmates with mental illness and that some are unwilling to seek out a solution. Diversion programs that would prevent mentally ill individuals from even entering jail in the first place would go a long way toward relieving the issue. Increased funding for mental health treatment across the board could lead to individuals being identified as mentally ill before they even become involved with the criminal justice system. If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058. 
In July 2018, an Austin, Texas woman faced the possibility of deportation after experiencing a mental health crisis. The woman went missing, and when police found her, she threatened to harm herself and appeared to have delusions. Rather than help her find mental health treatment, the police officers decided to handcuff the young woman. In response, the woman acted aggressively toward the police officers which lead to her arrest for assault on a public servant. After her arrest, U.S. Immigration and Customs Enforcement (ICE) put a hold on her. So instead of receiving the mental health treatment she so desperately needed, the young woman with schizophrenia was now facing deportation.
The Source of the Problem ICE eventually dropped the hold on the young woman after pressure from multiple attorneys. But this young woman is not the first person with a mental disability to face deportation after a mental health crisis. The problem is that many jurisdictions send armed police officers into situations involving someone with mental health issues who may be acting erratically but are not committing a crime. These officers may not be trained on how to handle someone with a mental illness and often lose patience during a mental health crisis. Their tactics may escalate a situation that could otherwise be handled by someone with the proper training. This escalation of a mental health crisis often leads to the arrest of the person having the crisis. The person may not respond well to the officers' tactics and act in a seemingly aggressive manner. Once the person is in the criminal justice system, they become subject to an ICE detainer which puts them face to face with the possibility of deportation. This is especially true in states like Texas where sanctuary cities have been prohibited, and ICE is contacted when someone is suspected to be undocumented. Solutions Mental health advocates say that the way to avoid deportations of those in a mental health crisis is to prevent arrests of those with mental illness and instead direct them toward treatment. Programs like the one in Dallas that pairs police officers with social workers and paramedics can be put into place to change the way first responders treat mental health crises. With trained professionals on the scene who can de-escalate a situation, fewer arrests will result, and fewer individuals will face deportation as a result of their mental illness. If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058. |
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