Americans with Disabilities in the Criminal Justice System

The Americans with Disabilities Act (ADA) is a federal law that gives civil rights protections to individuals with disabilities in many areas of life. The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, participate in state and local government programs, and purchase goods and services. For example, the ADA protects people with disabilities from discrimination by social services agencies; child welfare agencies; courts; prisons and jails; medical facilities, including hospitals, doctors’ offices, and skilled nursing facilities; homeless shelters; and schools, colleges, and universities. (U.S. Department of Justice, Civil Rights Division, April 2022). The ADA protects people with disabilities from discrimination. Disability rights are civil rights. From voting to parking, the ADA is a law that protects people with disabilities in many areas of public life. This includes the criminal justice system—from encounters with law enforcement to pretrial status, local jail, community supervision, and finally to prison and reentry. Entities in each of these areas are required to adhere to the ADA. How a correctional setting applies the ADA law and accommodates those with mental and/or physical disabilities could significantly affect the outcome for people with disabilities in the justice system.
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