Positive Approaches Journal, Volume 13, Issue 3

Volume 13 ► Issue 3 ► December 2024

Data Discoveries

The goal of Data Discoveries is to present useful data using new methods and platforms that can be customized.

Utilizing Insights on Justice System Experiences to Drive System Improvements for Autistic People

As the prevalence of autism has increased over the years, so too have interactions between autistic people and the justice system. Across communities, these increased interactions have led to significant safety concerns for autistic people.1 High-profile instances of negative, and at times fatal, interactions between police and autistic people have led the autistic community to prioritize and focus extensively on community safety, training of professionals, and changes to practices across all aspects of the justice system. Differences in social and communication modalities that autistic people may present with, can complexify these interactions and risk negative outcomes. These differences, such as reduced eye contact and challenges responding to questions, may be misunderstood by law enforcement as guilt and noncompliance, and introduce risk for escalation and excessive force. 

Police also acknowledge there is a disconnect between their knowledge and training, and the growing number of autistic people with whom they interact. Recent studies indicate that more than half of all police officers are not receiving any training on autism, or that their existing autism training was insufficient.2 However, continued efforts are critical, as a recent survey found that more than half of sampled autistic adults in the United States are fearful or hesitant to contact the police.3 This finding mirrors other research that prior interactions with police lead to distrust and reticence to contact police in the future, even during emergency situations.4 Given that autistic people experience high rates of victimization, and this is a leading cause for justice system involvement, any hesitancy to contact police because of an autism diagnosis is exceedingly consequential.

To understand the scope of encounters between the justice system and autistic people in Pennsylvania, the ASERT Collaborative launched the Pennsylvania Autism Needs Assessment (PANA) in 2017, which included a series of questions addressing justice system interactions. Survey data indicated that almost 20% of respondents had an interaction with the justice system (see Data Discoveries dashboard for more results from this survey). Among these instances, police were called in nearly two thirds of cases, and an arrest by police and a charge of a misdemeanor or felony was given in roughly 13% of these cases. Nearly 12% of justice involvement instances included the autistic person receiving probation or parole, and another 6% resulted in serving time in jail or prison. 

These findings continue to motivate ASERT initiatives to support autistic people so that negative justice system interactions can be prevented, deescalated, and result in more equitable outcomes. ASERT has conducted training for professionals across all aspects of the justice system, reaching over 21,000 professionals in the state to date. These trainings offer a clinical overview of autism, but more importantly they provide professionals with tools and specific strategies that can be utilized in practice. Given the frequency that autistic people reported being arrested and charged with a misdemeanor/felony, this data has catalyzed a focus on supporting autistic people in courtroom settings through a partnership with the Pennsylvania Supreme Court and the founding of the Autism and the Courts Initiative. Through this collaboration, a virtual continuing legal education course was hosted for over 400 participants and training and education was provided to the Pennsylvania Parole Board. Although these efforts represent important achievements and point to tangible ways that ASERT is driving system-level changes to improve community safety, ASERT remains committed to continuing and expanding this work, while serving as a model for other states to replicate as they grapple with supporting growing numbers of autistic people in the justice system.