Yale Law School Mental Health Justice Clinic (MHJC) and Connecticut Sentencing Commission Memorandum on Intellectual Disability & the Criminal Justice System: Screening and Diversion

• MHJC and the Commission reviewed best practices from other jurisdictions regarding screening and diversion of individuals with an intellectual disability who come into contact with the justice system. This research informed the development of a 2024 legislative proposal which expands eligibility for the existing pretrial supervised diversion program to include individuals with intellectual disabilities and autism spectrum disorders.

Connecticut Sentencing Commission Memorandum on Compassionate Release in Connecticut

• The Commission described current rules governing the eligibility of medical and compassionate parole in Connecticut and explored alternative statutory frameworks in other jurisdictions. This research was the basis for a 2024 legislative proposal which merges medical and compassionate release into one statute and expands eligibility and suitability for such release.

Legislative Proposals

The Sentencing Commission developed three legislative proposals in the 2024 legislative session:

1. Diversionary program for individuals with intellectual disabilities and autism spectrum disorders, as described above.
2. Medical parole, as described above.
3. Competency to stand trial, which amends CGS § 54-56d to allow for more outpatient competency restoration. Two provisions from this proposal were enacted in section 6 of Public Act 24-137.

Upcoming publications

The Commission is currently working on several major research initiatives. Upcoming reports include:

1. A report on the Competency to Stand Trial process in Connecticut.
2. A report describing best practices in pretrial release and detention from other jurisdictions.
3. A report on the prevalence of individuals with intellectual disabilities and autism spectrum disorders in Connecticut’s criminal legal system, as mandated by section 15 of Public Act 23-137.