A System Stacked Against Them: A Quantitative Analysis of Misconduct among Incarcerated Men with and without Intellectual or Developmental Disabilities

Abstract

This study examines whether incarcerated men with intellectual and/or developmental disabilities in a western U.S. state prison system receive a higher proportion of disciplinary infractions compared to those without such disabilities, while also investigating racial disparities. Using administrative data from 93,587 incarcerated persons collected between 2008-2020, the study employed chi-squared tests to analyze differences in misconduct proportions. Results indicate that incarcerated men with intellectual or developmental disabilities were ticketed at higher proportions across specific infraction categories (property, violent, threat, security, and defiance), though differences in broader misconduct categories were not statistically significant. Drug-related infractions presented an exception, with higher proportions among those without disabilities. Significant racial disparities were observed among incarcerated men with intellectual or developmental disabilities, with Black men generally receiving the highest proportion of infractions across most categories and Hispanic men receiving the fewest. These disparities may result from how symptoms of intellectual and developmental disabilities manifest in prison settings, particularly regarding social communication difficulties and needs for routine and predictability. Institutional factors, including limited officer training on recognizing disability-related behaviors and the absence of formal processes to evaluate whether behaviors stem from disabilities, likely contribute to these disparities. This research highlights the need for improved staff training, specialized accommodation procedures, and potentially the implementation of manifestation determination processes similar to those used in educational settings for incarcerated persons with intellectual and developmental disabilities.

Presenters

Lilli Hennig
Student, Juris Doctor, University of Denver Sturm College of Law, Colorado, United States

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

2026 Special Focus—Bridging Boundaries: Collaborative Solutions to Complex Social Issues in an Interconnected World

KEYWORDS

Disability, Prison, Misconduct, Intersectionality, Race, Incarceration, Justice