People with disabilities have the right to be considered competent and to conduct their own affairs, unless determined by a court of law to lack such capacity. They have protection of civil rights in commitment and release proceedings and the right to humane treatment during confinement.
JUSTICE ISSUES:
• Termination of Guardianship
• Lack of Equal Protection
• Lack of Mental Health Treatment in Detention Facilities
• Delay of Process in Commitment and Release Proceedings
• Accommodations in Judicial Proceedings, such as Sign Language Interpreters
Freedom from Abuse and Neglect:
People with disabilities are not abused or neglected during detention or denied lawful release.
Rights Violations Addressed:
• Denial of rights in Pre-sentencing
• Inhumane treatment during detention
• Delayed release after civil commitment
• Delayed release after criminal commitment
• Denial of rights during probation or parole
Accessible Communities
Judicial and detention facilities are accessible to people with disabilities.
Rights Violations Addressed:
• Inaccessible judicial and/or detention facilities.
Independence, Productivity, Integration and Inclusion
People with disabilities have competent and timely legal representation.