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H 3749

Diversion Program for Autism Spectrum Disorder and Intellectual Disabilities

2025-2026 Regular Session Introduced by Seth Rose

Creates a pretrial diversion program for defendants with autism or intellectual disability, allowing non-violent offenders to be diverted from prosecution if linked to their disabi

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Bill Summary · H 3749

Bill summary — “Diversion Program for Autism Spectrum Disorder and Intellectual Disabilities” (as presented in supplied text)

Note up front: the materials provided appear to contain two different bills conflated in one file — (A) Massachusetts House Docket No. 3749 (an unmanned aerial systems/drone bill) and (B) a South Carolina draft bill titled “Autism Spectrum Disorders and Intellectual Disabilities Pretrial Intervention Program.” Below I summarize the autism/ID diversion proposal (the text labeled as adding Article 8 to Chapter 22, Title 17 of the S.C. Code), because that matches the requested subject matter. Please confirm jurisdiction and exact bill number if you need a jurisdiction-specific summary.

Purpose / Intent

Create a statutory pretrial intervention (diversion) program for defendants diagnosed with autism spectrum disorder (ASD) or intellectual disability (ID) so eligible individuals charged with certain crimes may be diverted from traditional prosecution into a tailored pretrial program without entry of a guilt judgment.

Key provisions

  • Definitions (Section 17-22-810)

    • “Autism spectrum disorder”: defined by reference to the most recent DSM.
    • “Intellectual disability”: requires onset before age 18, IQ at least two standard deviations below the mean on a standardized test, and significant adaptive behavior limitations.

  • Eligibility and screening (Section 17-22-820)

    • Eligible defendants: persons charged with a crime except violent crimes (violent crimes per Section 16-1-60 are excluded).
    • Requirement: diagnosed by a psychiatrist or clinical psychologist with ASD or ID.
    • Standard for diversion: the court must find by clear and convincing evidence that the criminal conduct was caused by, or had a direct and substantial relationship to, the person’s disorder or disability.
    • Participation requires consent of the defendant and the circuit solicitor (prosecutor).
    • Court may defer proceedings and place the offender in a pretrial intervention program under Article 1, subject to court-ordered terms and any applicable fees (refers to Section 17-22-110).

  • Procedure and outcomes

    • Victim consideration: court must give due consideration to any victim (per Section 17-22-80).
    • Post-program procedures: successful completion or violation governed by Section 17-22-150.
    • Prior criminal history: a prior conviction, juvenile adjudication, or previous participation does not automatically bar eligibility unless the court finds the program inconsistent with the interests of justice.
    • Does not limit family court authority.
    • Effective date: provision indicates effect upon the governor’s approval (per the draft).

Who is affected

  • Primary: defendants diagnosed with ASD or ID charged with non-violent offenses.
  • System actors: circuit solicitors (prosecutors), trial courts, diagnostic professionals (psychiatrists/psychologists), program administrators and service providers, and victims.
  • Broader impact: criminal justice system (potential reductions in prosecutions/convictions), public safety and victim-interest stakeholders.

Procedural / timeline aspects

  • Diagnostic confirmation by a qualified clinician is required before diversion.
  • The court uses a clear-and-convincing evidentiary standard to link offense to disability.
  • Participation requires prosecutor and defendant consent and is subject to program terms and fees.
  • Implementation occurs on gubernatorial approval (per the draft’s stated effective date).

Potential impacts and considerations

  • Potential benefits: individualized response, reduced incarceration, treatment-oriented outcomes, decreased recidivism for disability-related conduct.
  • Operational needs: training for judges/prosecutors, access to qualified evaluators, program capacity and funding.
  • Safeguards/concerns: balancing victims’ interests and public safety, ensuring consistent evaluation standards, and defining supervision/rehabilitation program components.

If you want, I can:
- produce a one-page bill comparison showing differences between this draft and existing pretrial intervention law (Article 1); or
- summarize the Massachusetts House No. 3749 unmanned aerial systems bill that also appears in your file.

Compiled from official sources — confirm details with the bill’s official record.

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