Young adults with ASD: When offending behavior becomes criminal behavior

Juvenile offenders with Autism Spectrum Disorder (ASD) present a challenge to the criminal justice system due to the nature of the disorder. Several of the characteristics of ASD can be misinterpreted as offending behavior. Studies suggest that more than one third of incarcerated youths are classified under the Individuals with Disabilities Education Act, four times as many youths in the non-incarcerated population. Recidivism for these youths is estimated to be higher than the already staggering 55% overall juvenile rate. Without an understanding of how ASD is diagnosed and treated within communities and families, we suggest that it is difficult to address the connection between ASD and offending criminal behavior. Further, this understanding can help shape how the criminal justice system responds to young offenders with ASD from first offense through incarceration and reentry.

We will present an analysis of secondary sources to determine whether juveniles with ASD are more likely to come in contact with the criminal justice system or engage in criminal behavior as a result of not having been properly diagnosed or identified by authorities as having ASD. We propose a re-conceptualization of reentry that includes school based or vocation planning, behavioral/physical health care, and caregiver/family involvement. We will present a summary of the limited empirical evidence relating to criminality for those with ASD and policy recommendations for addressing this issue within the criminal justice system.