A new bill was introduced yesterday by Assemblymember Damon Connolly [D] “AB-1822 Criminal defendant: mental competency to stand trial.” (see his Facebook Assemblymember Damon Connolly)

If passed, the law would force courts to continue the prosecution of sex offenders who have been deemed incompetent to stand trial. Currently, the law requires the court to order the transfer to a mental health facility. As these facilities have a long history of not improving or changing competency (autism cannot be cured), cases are currently being dismissed. 

I spoke to Connolly’s staffer Michael [michael.dyar@asm.ca.gov (916) 319-2012]. They are not considering any amendments. Autistic people should not be forced into ‘curing’ their competency in a state facility that isn’t inclusive of DD/ID needs. 

I want to make sure regional centers are represented (Daniel Savino <DSavino@arcanet.org>), as they would have to fund the behavioral supports for people who are referred by the courts. Lastly, I have an initiative to be introduced this session, which would mandate public schools to include DD/ID students in sex ed classes. 

• Read proposal as HTML
• Read proposal as PDF

So long as DD/ID SPED students are excluded from mainstream health education, we should not be forcing them into perpetual criminalization of their sexual behaviors that are judged as illegal.  

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