POLICY RESEARCH BRIEF - OVERREPRESENTATION OF PEOPLE WITH IDD MOVING BETWEEN LARGE STATE-RUN INSTITUTIONS AND THE CRIMINAL LEGAL SYSTEM

Oct 15, 2026

Policy Research Brief analyzes how people with intellectual and developmental disabilities (IDD) are disproportionately represented in the criminal legal system and how transitions between large state-run institutions and jail, prison, or awaiting trial contribute to this pattern. Drawing on Residential Information Systems Project tracking from 1977 through 2019, it reports that under 1% of the U.S. adult population has IDD yet 2–10% of justice-involved people have IDD. It highlights trends from 1985 to 2019 and outlines recommendations for Medicaid supports, workforce stability, disability screening, law enforcement training, and self-advocacy.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

Research Issue

Study Background

Key Findings

Policy Recommendations

Volume 30, Number 1 POLICY RESEARCH BRIEF OVERREPRESENTATION OF PEOPLE WITH IDD MOVING BETWEEN LARGE STATE-RUN INSTITUTIONS AND THE CRIMINAL LEGAL SYSTEM Research Issue People with intellectual and developmental disabilities (IDD) are overrepresented in the criminal legal system. Less than 1%(0 . 79%) of the [U.S. adult](U.S. adult) population has IDD, but between 2–10% of people in jails, prisons, or awaiting trial have IDD. Over the past 50 years, about 175,000 people have left large state-run institutions and moved into homes in their communities. Increasingly, many of these people move between institutions and the criminal legal system. In 2019, 17% of those leaving moved into a jail, prison, or other correctional facility. 29% of people moving into large state-run institutions came from correctional facilities. Study Background The Residential Information Systems Project at the University of Minnesota has tracked living arrangements for people with IDD who get Medicaid or state funded long-term supports and services since 1977. The annual RISP survey of state IDD agencies asks about types and sizes of the places people with IDD getting supports live. RISP also asks about people admitted to or discharged from large state-run institutions. This Policy Research Brief describes services as of June 30, 2019. Key Findings In 2019, one of every three people (29%, 268 people) moving to large state-run institutions were leaving correctional facilities. Of the people leaving large state-run institutions in 2019, 94 people (17%) moved to a correctional facility. Join us Tuesday, February 14th, [2023 from 11:30 a.m. to 1:00](2023 from 11:30 a.m. to 1:00)[ ](2023 from 11:30 a.m. to 1:00)[p.m. CT on Zoom](p.m. CT on Zoom for the Policy)[ for the Policy](p.m. CT on Zoom for the Policy)[ ](p.m. CT on Zoom for the Policy)Form on this issue of Policy Research Brief. Register here: [z. umn.edu/policyforumsignup](z. umn.edu/policyforumsignup) [The Policy Forum is a web-based](The Policy Forum is a web-based)[ ](The Policy Forum is a web-based)presentation and facilitated discussion exploring research published in the mostrecent Policy Research Brief. Please visit the website, [z. umn.edu/icipolicyforum](z. umn.edu/icipolicyforum), for details and to view previous forums. The percent of people with IDD moving between large state-run institutions and the criminal legal system increased between 1985 and 2019. Policy Recommendations Since so many people move between large state-run institutions and the criminal legal system, we propose the following policies: • Grow the Medicaid Home and Community-Based Services system. This would create more opportunities for people with IDD to thrive in their communities. This requires higher Medicaid reimbursement rates to ensure that eligible people can find workers to provide needed services. • Stabilize the direct support workforce. Create a Standard Occupational Classification for direct support workers to improve their status and recognition. • Understand and fight against social exclusion of and discrimination against Black, Indigenous, and people of color (BIPOC) with IDD. BIPOC are overrepresented in the criminal legal system due to systemic racism. More research on BIPOC with IDD in the criminal legal system is needed. • Increase law enforcement training and alternatives to better support people with IDD in crisis. Education and resources for police can decrease the number of people with IDD in the criminal legal system. Using crisis intervention teams alongside or instead of police may also lead to better outcomes, especially for people with IDD. • Support self-advocacy training initiatives. Learning about their rights, how to talk to the police, and how to speak up for themselves and others can help people with IDD have safer interactions with the criminal legal system. • Improve screening for IDD in jails. Many people in jail have undiagnosed IDD, so t

FAQs

What does the brief say about how often people with IDD appear in the criminal legal system?

People with IDD are overrepresented. Less than 1% of the U.S. adult population has IDD, but between 2–10% of people in jails, prisons, or awaiting trial have IDD.

What do the brief’s 2019 findings show about transitions involving large state-run institutions?

In 2019, 29% (268 people) moving to large state-run institutions were leaving correctional facilities. Also, of those leaving large state-run institutions in 2019, 17% (94 people) moved to a correctional facility.

Which policy recommendations are proposed in the brief?

Recommendations include expanding Medicaid home and community-based services, stabilizing the direct support workforce, improving screening for IDD in jails, increasing law enforcement training and alternatives during crises, supporting self-advocacy, and educating lawyers on disability services.

Oct 15, 2026

Uploaded by Sophia Brooks