Post-Conviction

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming


Alabama

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Alaska

Parole - special medical parole: Prisoners serving time for certain offenses can petition for special medical parole if reasonable probability exists that: (A) the prisoner will live and remain at liberty without violating any laws or conditions imposed by the board; (B) because of the prisoner's severe medical or cognitive disability, the prisoner will not pose a threat of harm to the public if released on parole; and (C) release of the prisoner on parole would not diminish the seriousness of the crime. The prisoner must show that he was not medically or cognitively disabled at the time that he committed the crime or that the medical or cognitive disability he was suffering from at the time of the offense has progressed so that the likelihood of the prisoner committing the same or a similar offense is low. Must also show that: (1) the care and supervision that the prisoner requires can be provided in a more medically appropriate or cost-effective manner than by the department; (2) the prisoner is incapacitated to an extent that incarceration does not impose significant additional restrictions on the prisoner;(3) the prisoner is likely to remain subject to the severe medical or cognitive disability throughout the entire period of parole or to die and there is no reasonable expectation that the prisoner's medical or cognitive disability will improve noticeably; and (4) an appropriate discharge plan has been formulated that addresses basic life domains of the prisoner, including care coordination, housing, eligibility for public benefits, and health care, including necessary medication.DOES NOT apply to people with I/DD who had I/DD at the time of the offense and have not seriously decompensated. Alaska Stat. § 33.16.085

Arizona

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Arkansas

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California

If it is determined that a prisoner is mentally ill or mentally deficient and that their rehabilitation may be expedited by treatment at a state hospital, they can be sent to such a hospital for treatment. When it is determined by the hospital that the prisoner has been treated to the extent that they will not benefit from further care and treatment at the state hospital, the prisoner will be sent back to the Department of Corrections. The time passed at the state hospital shall count as part of the prisoner's sentence. Cal. Penal Code §§ 2684-2685.  

Colorado

Administrative segregation/ Solitary: Correctional institutions must report to the Colorado Judiciary Committee the status of administrative segregation; reclassification efforts for offenders with mental illnesses or developmental disabilities, including duration of stay, reason for placement, and number and percentage discharged. Co. Rev. Stat. Ann. § 17-1-113.9

Parole: A special needs offender may get paroled before or after the offender’s parole eligibility date if: (a) The state board of parole determines, based on the special needs offender's condition and a medical evaluation, that he or she does not constitute a threat to public safety and is not likely to commit an offense; and (b) The state board of parole approves a special needs parole plan that ensures appropriate supervision of and continuity of medical care for the special needs offender. Co. Rev. Stat. Ann. § 17-22.5-403.5.

Connecticut

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Delaware

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Florida

Parole: The Florida Commission on Offender Review can require as a condition of parole that someone with I/DD be required to apply for disability services. Fla. Stat. § 947.185

The Department of Corrections must notify the Agency for Persons with Disabilities about upcoming release of an inmate with I/DD – the Agency must have time to notify the inmate of services in the community at least 7 days before his release. Fla. Stat. § 944.602

Georgia

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Hawaii

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Idaho

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Illinois

Inmates with I/DD: Inmates must have access to treatment as determined by a qualified mental health professional. 730 ILCS 5/3-7-7

The Department of Corrections must adopt standards and procedures for the provision of mental health and developmental disability services. Those standards and procedures must address screening and classification, the use of psychotropic medications, suicide prevention, qualifications of staff, staffing levels, staff training, discharge, linkage and aftercare, the confidentiality of mental health records, and such other issues as are necessary to ensure that inmates with mental illness receive adequate and humane care and services. 730 ILCS 5/3-15-3

Indiana

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Iowa

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Kansas

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Kentucky

All new inmates coming to prison must be screened for mental health risk, including the presence of intellectual disabilities. Ken. Rev. Stat.  § 441.048

Louisiana

Allows for treatment for inmates with mental illness or intellectual disabilities. LSA-R.S. 15:830

Maine

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Maryland

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Massachusetts

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Michigan

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Minnesota

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Mississippi

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Missouri

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Montana

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Nebraska

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Nevada

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New Hampshire

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New Jersey

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New Mexico

Special incarceration alternative program – provides physical training, manual labor assignments, GED prep, substance abuse counseling, etc. – open to all prisoners unless specifically excluded. NM Stat. § 31-18-22

New York

Provisions relating to care of “mentally ill” in NY correctional institutions – does not specify if this includes I/DD. NY Corr. Law § 16-400 through § 16-405

Provisions relating to sex offender treatment programs in NY correctional institutions – does not specify if this includes I/DD. NY Corr. § 22-622

North Carolina

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North Dakota

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Ohio

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Oklahoma

Prison accommodation: Special unit created to house elderly, ill, and disabled. 57 Okl. Stat. Ann. § 509.6

Prison education: Corrections must test each inmate to find out their educational proficiency and educational needs. 57 Okl. Stat. Ann. § 510.7

Oregon

If an inmate or youth offender, a relative, guardian or friend of an inmate or youth offender, or institution staff have probable cause to believe that an inmate or youth offender is a person with an intellectual disability to such a degree that the inmate or youth offender cannot adjust to or benefit from the Department of Corrections institution or youth correction facility, the superintendent of the institution shall request a diagnostic evaluation. If there is probable cause to believe that the inmate or youth offender is a person with an intellectual disability and is in need of commitment for residential care, treatment and training, the inmate or youth offender shall be entitled to a commitment hearing. If the inmate or youth offender is by clear and convincing evidence determined by the court to be a person with an intellectual disability and is in need of commitment for residential care, treatment and training, the person shall be committed to the Department of Human Services and transferred to a facility designated by the department as soon as space in an appropriate facility is available, and any sentence to a Department of Corrections institution or commitment to the youth correction facility is terminated. O.R.S. § 179.478

Pennsylvania

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Rhode Island

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South Carolina

No person who is mentally ill or who has an intellectual disability shall be confined for safekeeping in any jail. S.C. Code Ann. § 44-23-220

No juvenile may be committed to an institution under the control of the Department of Juvenile Justice who is seriously handicapped by mental illness or retardation. If, after a juvenile is referred to the Reception and Evaluation Center, it is determined that the juvenile is mentally ill or a person with intellectual disability to an extent that the juvenile could not be properly cared for in its custody, the department through the voluntary admission process or by instituting necessary legal action may accomplish the transfer of the juvenile to another state agency which in its judgment is best qualified to care for the juvenile in accordance with the laws of this State. S.C. Code Ann. § 63-19-1450

South Dakota

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Tennessee

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Texas

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Utah

Parole: a competency review can be completed at the request of the parole board. Utah Code § 77-27-7

Vermont

Sex offender registry: Sex offenders with I/DD do not have their street addresses posted electronically if he receives funding from the Department of Disabilities, Aging, and Independent Living (DAIL) for 24-hour supervision and treatment, and resides in a residence that is equipped with alarms. Vt. Stat. Ann. § 13-5411a

Virginia

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Washington

Intake standards for juveniles: on intake, juveniles should be evaluated to determine detention is warranted, whether the juvenile is developmentally disabled, and if detention is warranted, whether the juvenile should be placed in secure, nonsecure, or home detention to implement the goals of this section. Wash. Rev. Code § 13.40.040

West Virginia

Procedure for determining whether an I/DD inmate is best served by being in a correctional facility or elsewhere; hearing and evaluation. W. Va. Code § 28-5-31

Those found not guilty by reason of insanity must register as a sex offender if they would otherwise be required; they must be informed of their obligations. W. Va. Code § 15-12-2

Wisconsin

Parole: “Extraordinary health conditions,” including disability, should be taken into account when determining parole eligibility. Wis. Stat. § 302.113

Correctional officers must be trained in identification of disabilities and the policy must be in their policy manual. Wis. Stat. § 302.365

Wyoming

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