Criminal Justice

The Arc of Colorado has created this page to serve as a source of information about criminal justice issues as they relate to people with developmental disabilities.   Individuals with developmental disabilities may encounter the criminal justice system as victims, witnesses, defendants, or inmates.   Through the education of criminal justice officials and maintaining an open dialogue, The Arc of Colorado is working to ensure individuals with developmental disabilities experience fair treatment and equal justice.  

The Criminal Justice Advocacy Program

The Arc of Colorado has developed a statewide training and information/referral program designed to educate criminal justice officials about individuals with developmental disabilities.  Through the generous support of The Denver Foundation, the Colorado Developmental Disabilities Council, and the Gay and Lesbian Fund for Colorado, The Arc of Colorado offers training to law enforcement offices, attorneys, and probation officers throughout the state.

If your office is interested in The Criminal Justice Advocacy Program, please contact Nora Earnest, Program Director at 1-800-333-7690.

2003-2004 Results of The Criminal Justice Advocacy Program

With the financial assistance of the generous funders listed above, The Arc of Colorado succeeded in training over 750 criminal justice officials from over 55 different criminal justice offices.  Every area of the state was reached, including Eastern Colorado, the mountain communities, the Western Slope, Northwestern Colorado, and Southwestern Colorado.  The majority of the trainings were conducted to law enforcement officers, however victim advocates, public defenders, county adult protection committees, and local community members also attended the trainings.

At the close of the training, The Arc of Colorado distributes an evaluation form.  The responses reflected in the evaluations are overwhelmingly positive and the criminal justice officials express an appreciation for the training opportunity.  The average score represented in the evaluation form is an 8.7 out of 10.

Criminal Justice Issues & People with Developmental Disabilities

Crimes Against People with Developmental Disabilities

Crimes and violence against people with disabilities is an invisible epidemic.   These are largely violent or personal crimes, rape, assault, and murder, as well as economic exploitation.   According to a 1995 report by The Arc of the United States, more than 90 percent of people with developmental disabilities will experience sexual abuse at some point in their lives.   Further, the rate of violent crime is 5 to 10 times higher against people with disabilities than against the general population (Sobsey, 1996).   Countless unreported incidents of economic exploitation, neglect, and emotional abuse plague the lives of far too many individuals with developmental disabilities.   Further, due to the fragmented nature of the many investigating bodies in Colorado, reports of crimes against individuals with developmental disabilities may shuffle from agency to agency.   As a result, physical evidence disappears, individual accounts may not be believed, and perpetrators escape punishment, freeing them to offend repeatedly.

Perpetrators

The crimes of abuse, neglect, and exploitation not only occur with greater frequency in the developmental disability community, but the crimes often occur at the hands of trusted providers and staff.   Research suggests that 97 to 99 percent of abusers are known and trusted by the victim who has developmental disabilities (Baladerian, 1991).   In a study of victims in Canada, the United States, and Australia, researchers found that care providers and family members accounted for 52% of sex offenses against people with disabilities.   Reported cases are rarely pursued, however, because many police officers, prosecutors, and judges may be reluctant to rely on the testimony of a person with a developmental disability—usually the only evidence available.

Education & Reporting

The first step to reducing the occurrence of physical and sexual abuse and economic exploitation in the developmental disability community is to confront the truth that individuals with developmental disabilities are more vulnerable to victimization.   Perpetrators must be held responsible for their crimes and law enforcement officials must be trained to enable better communication with individuals with developmental disabilities.   Only 3 percent of sexual abuse cases involving persons with developmental disabilities will ever be reported (Valenti-Hein & Schwartz, 1995).   Without reporting, there can be no prosecution of perpetrators or treatment for victims.   If you suspect physical or sexual abuse, or economic exploitation, contact your local law enforcement authority and your local Adult Protection Office.  

In Colorado, four agencies of state government have the responsibility for adult protection issues, such as investigating abuse, neglect, and exploitation allegations on behalf of individuals with developmental disabilities.   In addition to these agencies, multiple jurisdictions, including counties and Community Centered Boards have the responsibility for investigating allegations on behalf of individuals with developmental disabilities.   The Arc of Colorado believes that as a result of this excessive overlapping of agencies responsible for investigations, many individuals do not know whom to contact for protection and as a result, find themselves overwhelmed and confused.   The Arc of Colorado advocates for the creation of one investigating body in Colorado that would be charged with the responsibility for investigating allegations of abuse, neglect, and exploitation on behalf of individuals with developmental disabilities.

For More Information

For more information on the investigating bodies in Colorado or if you suspect abuse, neglect, or economic exploitation, contact:

Department of Law- Attorney General’s Office, Medicaid Fraud Control Unit

              (303) 866-5431

              www.ago.state.co.us

The Medicaid Fraud Control Unit is responsible for investigating allegations of Medicaid provider fraud and Medicaid facility patient abuse.

Department of Public Health & Environment- Health Facilities Division

              (303) 692-2800

              www.cdphe.state.co.us

The Health Facilities Division is responsible for investigating the healthcare providers it licenses, such as Intermediate Care Facilities for the Mentally Retarded, Home/Community Based Services: Adult Day Programs, and Home/Community Based Services: Personal Care/Homemaker.

Department of Human Services- Aging and Adult Services, Adult Protection and Elder Rights Programs

              (303) 866-2676

              www.cdhs.state.co.us

The Division of Aging and Adult Services has oversight of adult protection, which includes those vulnerable populations such as individuals with developmental disabilities.

Department of Human Services- Developmental Disabilities Services

              (303) 866-7450

              www.cdhs.state.co.us

Developmental Disabilities Services is mandated to investigate all alleged incidents of abuse, mistreatment, neglect, or exploitation by the agencies and Community Centered Boards for which it contracts.

Colorado Association of Community Centered Boards

              (303) 832-1618

              www.caccb.org

Offenders with Developmental Disabilities & Law Enforcement

Various studies have suggested that approximately 4 to 10 percent of the offender population has developmental disabilities.   In Colorado, this means that approximately 686 to 1,715 of the 17,150 inmates in the state correctional system may have developmental disabilities.   Individuals with developmental disabilities may enter the criminal justice system for a number of reasons.   Some are used by other criminals to assist in law-breaking activities, while others may confess to crimes they did not commit in order to hide their disability or out of an eagerness to please a police officer.  

To compound the problem, law enforcement officers, attorneys, and therapists often receive little training in the area of developmental disabilities and may have difficulty recognizing and communicating with a person who has a developmental disability.   Education and training is crucial if individuals with developmental disabilities are going to receive fair treatment and equal justice.  

Why the Criminal Justice System Needs Training

Knowing how to effectively interact with people who have developmental disabilities may be challenging for those who are not familiar with disabilities.   Although people with developmental disabilities are not very different from those without disabilities, those with developmental disabilities may have more difficulty understanding information and communicating.   When law enforcement officers misunderstand people with developmental disabilities, individuals can be needlessly detained, questioned, or arrested.  

The Arc of Colorado has included the following portion of a brochure published by The Arc of the United States entitled “A Police Officer’s Guide” in order to assist law enforcement and others gain the skills to better recognize and communicate with individuals with developmental disabilities.

NOTE: Although there is no one way of knowing if a person has a developmental disability, there are traits to look for to recognize a person with a developmental disability and ways to modify language to better communicate with them.

Recognizing a Person With a Developmental Disability

Communication                                                                    

    The individual may…                                                          

• have limited vocabulary or a speech impairment.
• have difficulty understanding or answering questions.
• have a short attention span.     

Behavior

    The individual may…

• act inappropriately with peers or the opposite sex.
• be easily influenced by others.
• be easily frustrated.
• have difficulty with one or more of the following tasks:
  • reading and writing.
  • making change.
  • using the telephone and telephone book.
  • telling time easily.

Police Contact

    The individual may…

• not want disability to be noticed.
• not understand rights.
• not understand commands.
• have the tendency to be overwhelmed by police presence.
• be the last to leave the scene of the crime, and the first to get caught.
• be confused about who is responsible for the crime and “confess” even though innocent.
• have difficulty describing facts or details of the offense.

Modifying Language When Speaking With a Person With a Developmental Disability

• Speak directly to the person.
• Keep sentences short.
• Use simple language, speak slowly and clearly.
• Ask for concrete descriptions, colors, clothing, etc.
• Break complicated series of instructions or information into smaller parts.
• Whenever possible, use pictures, symbols, and actions to help convey meaning.
• Be patient.
• Take time giving or asking for information.
• Avoid confusing questions about reasons or behavior.
• Repeat questions more than once or ask a question in a different way.

Training Publications

The Arc of the United States has published a number of training materials and resources for anyone interested in learning more about developmental disabilities and the criminal justice system.   These training materials include:

• Fact Sheets on Criminal Justice Issues
• Informational Brochures for (1) self-advocates, (2) law enforcement officers, and (3) courts
• A National Resource List on Criminal Justice and Developmental Disabilities

For more information, contact:

The Arc of the United States

1010 Wayne Avenue, Suite 650

Silver Spring, MD 20910

(301) 5565-3842

              www.thearc.org

Colorado Resources

The following organizations and resources may be contacted to learn more about the criminal justice system, advocacy for people with developmental disabilities, or counseling services.  

Special Offenders’ Coalition

              The Arc of the Pikes Peak Region

              12 North Meade Avenue

              Colorado Springs, CO 80909

              (719) 471-4800

A Coalition of organizations whose goal is to educate people to recognize individuals with developmental disabilities or special needs, so they receive appropriate treatment and assistance throughout the judicial system, and in the community.

Colorado Sex Offender Management Board

              700 Kipling Street, Suite 3000

              Denver, Colorado 80215

              (303) 239-4516

The Colorado Sex Offender Management Board develops standards for the assessment, evaluation, treatment and behavioral monitoring of adult sex offenders.  

Colorado Organization for Victim Assistance

              2460 W. 26th Avenue, Ste. 255-C

              Denver, Colorado 80211

              (303) 861-1160

              www.ColoradoCrimeVictims.org

The Colorado Organization for Victim Assistance is a statewide membership organization committed to addressing the needs of all victims of crime by providing support and education for the individuals, systems, agencies, and communities that serve them in such a way as to honor and preserve diverse backgrounds.

Rape Assistance and Awareness Program

              Hotline: (303) 322-7273

              Counseling Resources: (303) 329-9922

The mission of the Rape Assistance and Awareness Program (RAAP) is to eliminate sexual violence.   RAAP’s Crisis Hotlines provide crisis intervention, information, referral, and advocacy.   RAAP also provides case management and counseling services for rape and incest survivors.  

Denver Juvenile Community Assessment Center

              789 Sherman Street, Suite 606

              Denver, Colorado 80203

              (303) 863-1448

The Denver Juvenile Community Assessment Center is one of only five juvenile assessment centers in the nation.   It coordinates prevention and intervention services for juvenile offenders, at risk youth, and their families.  

Denver Police Department, Sex Offense Unit

              1331 Cherokee Street, Room 304

              Denver, Colorado 80204

              (720) 913-6050

The Sex Offense Unit of the Denver Police Department is one component of the larger Crimes Against Persons Bureau.   The Crimes Against Persons Bureau is responsible for the investigation of all crimes that directly impact a person.

Colorado State Public Defender Office

              110 16 the Street, Suite 800

              Denver, Colorado 80202

              (303) 620-4888

              www.state.co.us/defenders

The objective of the Colorado Office of the State Public Defender is to provide reasonable and effective criminal defense representation for its clients.   The Office of the State Public Defender consists of 21 regional trial offices, an appellate office and the central administrative office.

Denver District Attorney’s Economic Crime Unit

303 W. Colfax Avenue, Suite 1200

Denver, Colorado 80204

Fraud Hotline: (720) 913-9179