The Links Between Disability, Incarceration, And Social Exclusion

Abstract

Disabled people are disproportionately incarcerated and segregated from society through a variety of institutions. Still, the links between disability and incarceration are underexplored, limiting understanding of how carceral institutions punish and contribute to the social exclusion of disabled people. Using data from the 2016 Survey of Prison Inmates, we estimated disability prevalence in state and federal prisons, assessing disparities by race, ethnicity, and sex, and we examined inequities in previous residence in other “punitive” and “therapeutic” institutions. Sixty-six percent of incarcerated people self-reported a disability, with Black, Hispanic, and multiracial disabled men especially overrepresented in prisons. Compared with nondisabled incarcerated people, disabled incarcerated people were more likely to have previously resided in other institutions, such as juvenile detention facilities and psychiatric hospitals. Together, our findings advance the understanding of disability in carceral institutions, highlighting the need for policy interventions redressing the mechanisms contributing to the high incarceration risks of disabled people and the disabling nature of prisons and other carceral institutions.

Stopping the Vicious Cycle: Equitable Enforcement Strategies to Achieve Safe, Stable, and Accessible Housing for People with Disabilities

“…Decriminalizing Disability by Decriminalizing Homelessness . As discussed earlier, people with disabilities—particularly people with mental health disabilities—are overrepresented among people experiencing homelessness and dramatically so among people who are incarcerated 16,41 . Thus, criminalizing homelessness often means criminalizing disability.…”

“…41 Moreover, 42% of federal and state prison populations consisted of people of color with disabilities. 41 Poverty and homelessness, which people with disabilities disproportionately experience, can increase the likelihood of encounters with law enforcement and incarceration, especially for people of color. 10,11,16,42 Overenforcement of criminal laws against people with disabilities also means that they will be burdened by a criminal record, which, like a record of eviction, can make finding housing extremely challenging, if not impossible, in the future.…”

“…As discussed earlier, people with disabilities-particularly people with mental health disabilitiesare overrepresented among people experiencing homelessness and dramatically so among people who are incarcerated. 16,41 Thus, criminalizing homelessness often means criminalizing disability. Criminal sanctions do nothing to address the root causes of homelessness and can jeopardize access to government benefits, interrupt treatment, impede housing access and stability, and exacerbate physical illness and MI.…”

“…Once unhoused, people with disabilities may be subjected to misapplication and overenforcement of laws, adopted in many jurisdictions, that criminalize activities like loitering, panhandling, or camping, sitting, or lying down in public places 40 . A study using 2016 data from the Bureau of Justice Statistics found that 40% of people in state and federal prisons reported that they had a psychiatric disability, whereas 57% reported a nonpsychiatric disability 41 . Moreover, 42% of federal and state prison populations consisted of people of color with disabilities 41 .…”

“…A study using 2016 data from the Bureau of Justice Statistics found that 40% of people in state and federal prisons reported that they had a psychiatric disability, whereas 57% reported a nonpsychiatric disability 41 . Moreover, 42% of federal and state prison populations consisted of people of color with disabilities 41 . Poverty and homelessness, which people with disabilities disproportionately experience, can increase the likelihood of encounters with law enforcement and incarceration, especially for people of color 10,11,16,42…”