NCSA Opposition to Oregon HB 4088 — Criminalizing Disability Behaviors in Hospital Settings (February 2024)
Testimony / Opposition Letter | February 13, 2024
To: House Committee on Judiciary, 82nd Oregon Legislative Assembly
Re: Opposition to House Bill 4088 — Criminalizing Challenging Behaviors in Hospital Settings for Individuals with IDD
House Committee On Judiciary, 82nd Oregon Legislative Assembly
February 13, 2024
OPPOSITION TO HOUSE BILL 4088
Dear Honorable Members of the House Committee On Judiciary:
The National Council on Severe Autism represents the interests of families affected by severe forms of autism and related disorders. We have reviewed House Bill 4088, a proposal that may result in vulnerable persons with developmental disabilities being charged with felony assault while seeking treatment in a hospital. We join the Oregon Developmental Disabilities Coalition, Disability Rights Oregon, and other disability advocacy groups in opposition.
We share the sponsors' concerns for the health and welfare of hospital staff. We disagree that criminalizing disability will keep hospital staff safe. The criminalization and incarceration of people with intellectual and developmental disabilities (IDD), such as severe or profound autism, is not the answer.
Challenging behaviors such as aggression, self-injury, elopement, property destruction, and PICA are common symptoms of IDD, autism spectrum disorder (ASD), and other related conditions. A 2019 study published in the Journal of Behavioral Education found the overall prevalence of challenging behaviors in people with IDD was 48% to 60%. The likelihood of someone with severe or profound autism comprehending the nature of law or the consequences of his/her actions is exceptionally low. Therefore, a law like this can have no deterrent effect, nor can it address the near complete lack of mens rea in these individuals.
Though HB 4088 does make exception for intellectual or developmental disabilities in subsection 3, the application is too narrow. We urge the legislature to apply this exception to the entire bill.
We agree that hospital staff are often woefully unequipped and undertrained to manage these complex conditions. We advocate for the creation of specialized units that can meet the needs of this special population, and encourage hospitals to adopt the ER IDD Stabilization Protocols endorsed by the Center for START Services.
We all want to keep people with autism and hospital staff safe, but incarcerating people for symptoms of disability is unproductive, immoral, unethical, and frankly un-American. Improving access to quality specialized healthcare delivery systems for this special population is the solution, not criminalization.
Very truly yours,
Jackie Kancir
Policy Director
