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Bill would allow disability diagnoses into criminal proceedings as evidence and for pretrial consideration
Summary
Delegates heard emotional testimony and expert evidence Feb. 11 in favor of House Bill 703, which would permit courts to consider diagnoses of autism and other intellectual or developmental disabilities in criminal proceedings, including expert testimony on whether a diagnosis affected the defendant's mental state and consideration at pretrial release hearings.
House Bill 703 drew testimony from disability advocates, defense and prosecution observers and parents on Feb. 11 as lawmakers considered allowing diagnosis evidence of autism spectrum disorder and intellectual/developmental disabilities in criminal proceedings. Sponsor Delegate Erin Kaufman noted she filed the bill at the request of autism advocacy organizations and said the aim is not to grant impunity but to ensure courts consider how diagnoses can affect intent, mens rea and pretrial suitability.
Disability Rights Maryland, the Autism Society of Maryland and other advocates described how people with intellectual and developmental disabilities (IDD) can be overrepresented in the criminal system because impulse-control issues, processing speed and social misunderstandings can lead to conduct that looks criminal but may stem from disability. Mimi Hamilton and other family members gave emotional testimony about personal experiences in which their relatives were jailed, placed on suicide watch or did not receive appropriate supports.
Proponents asked for statewide clarity and consistent admissibility rules that permit expert testimony and consideration of diagnosis at pretrial release and detention decisions; the bill as drafted would permit expert testimony that the diagnosis affected the defendant's ability to form requisite intent and require courts to consider diagnostic evidence in release determinations in appropriate cases.
Judiciary and public defender staff filed informational and opposing materials raising concerns: whether diagnostic documentation may not be available at early stages, possible retrospective diagnoses, evidentiary standards and the potential civil-law consequences of a criminal finding tied to a disability. Sponsor and advocates said they are open to drafting adjustments (for example, requiring that diagnosis be established prior to the charged conduct or via reliable records) and pointed to similar statutes in other states. No vote was recorded; proponents asked the committee for a favorable report with technical drafting work to follow.
