Autism Spectrum Disorders: Offending and the CJS

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Autism Spectrum Disorders: Offending and the CJS November 17 th, 2013 Dr. Jessica Jones, C. Psych Clinical & Forensic Psychologist Associate Professor of Psychiatry & Psychology Clinical Director of DD Consulting Program Acting Chair Division of Developmental Disabilities Department of Psychiatry Queen s University

Outline Introduction to the literature on offenders with Autism Spectrum Disorder (ASD) prevalence and characteristics Overview of the clinical risk issues for this population in the CJS Case examples

Why important to identify? Increased recognition that offenders with ASD require unique environmental and risk management approaches high prevalence of mental health issues Despite core symptoms, range of intellectual ability limited efficacy of social consequential approaches Present specific challenges and vulnerabilities within the mainstream CJS for police, courts and corrections

Why important now? Social inclusion has exposed individuals with ASD to the ambiguity of our social world Integration into developmental services may lead to false or distorted assumptions of care needs Fiscal and resource restraints have caused criminalization of mental health problems; including offenders with ASD Gradual intolerance for challenging behaviour Low threshold for offending behaviour

What is Autism & ASD? Autism Spectrum Disorders (ASD) are defined as a continuum or spectrum of disorders (prev PDD) Individuals exhibit a continuum of diverse characteristics with similar underlying impairments in social interaction, communication and behavioural interests Better to define as the degree of expression of impairment in each of the three areas hence latest DSM-V nosology changing from categorical approach to symptomology range

Triad of Impairments Identification based on presentation of communication skills, social interactions and pattern of skills and abilities I. Communication: Impairment in verbal and non-verbal communication DSM-V II. III. Social Relationships: Impairment in reciprocal social interaction Imagination and Rigidity: Impairment in imaginative play and limited interests

DSM-V: ASD 299.0 (F84.0) A. Persistent deficits in social communication and social interaction across multiple contexts, as manifested by the following, currently or by history 1. Deficits in social-emotional reciprocity 2. Deficits in nonverbal communicative behaviors used for social interaction, 3. Deficits in developing, maintaining, and understanding relationships, B. Restricted, repetitive patterns of behavior, interests, or activities, as manifested by at least two of the following, currently or by history 1. Stereotyped or repetitive motor movements, use of objects, or speech 2. Insistence on sameness, inflexible adherence to routines, or ritualized patterns 3. Highly restricted, fixated interests that are abnormal in intensity or focus 4. Hyper- or hyporeactivity to sensory input or unusual interests in sensory aspect C. Symptoms must be present in the early developmental period (but may not become fully manifest until social demands exceed limited capacities, or may be masked by learned strategies in later life). D. Symptoms cause clinically significant impairment in social, occupational, or other important areas of current functioning E. These disturbances are not better explained by intellectual disability (intellectual developmental disorder) or global developmental delay *Severity is based on social communication impairments and restricted, repetitive patterns of behavior requires support or substantial support or very substantial support

DSM-V Note: Individuals with a well-established DSM-IV diagnosis of autistic disorder, Asperger s disorder, or pervasive developmental disorder not otherwise specified should be given the diagnosis of autism spectrum disorder. Individuals who have marked deficits in social communication, but whose symptoms do not otherwise meet criteria for autism spectrum disorder, should be evaluated for social (pragmatic) communication disorder. Specify if: With or without accompanying intellectual impairment With or without accompanying language impairment Associated with a known medical or genetic condition or environmental factor (Coding note: Use additional code to identify the associated medical or genetic condition.) Associated with another neurodevelopmental, mental, or behavioral disorder (Coding note: Use additional code[s] to identify the associated neurodevelopmental, mental, or behavioral disorder[s].) With catatonia (refer to the criteria for catatonia associated with another mental disorder, pp. 119-120, for definition) (Coding note: Use additional code 293.89 [F06.1] catatonia associated with autism spectrum disorder to indicate the presence of the comorbid catatonia.)

ASD Spectrum DOMAIN AUTISM HFA/ASPERGERS I. COMM No speech / vocalizations Verbal Mature/Odd language (semantic/pragmatic) II. SOCIAL World of their own Social Misfit in socially focused world III. IMAG Non-functional objects Imagination/ Repetitive Behaviour Non-bizarre routines/interest extreme hobbyist

ASD Cognitive Profile Autism HFA/ Aspergers Lower Verbal IQ (speech diffs) Superior Verbal IQ (language diffs) Superior Performance/VS IQ (music, visual memory ) Lower Performance / VS IQ (NVLD, motor diffs)

Beyond Diagnosis: Moving Targets Heterogeneity of ASD no one individual is alike therefore generalisation of specific profile is difficult and misleading Cognitive verbal and performance profiles can assist diagnosis (ie ASD, NVLD) Developmental Trajectory: clinical profile can change over time alongside symptomology (ie Autisic to HFA or Aspergers)

ASD Spectrum (DSM- IV) NVLD Autistic Disorder PDD-NOS HFA Aspergers Asp Rel Average IQ Diagnostic Difficulty Represents majority of children with lots of variability Adapted theoretical Framework: Dr. Rosenn

Differential Diagnosis Co-morbidity and nosology overlap Difficult with ID due to similar behavioural characteristics and high co-morbidity (50%) SOCIAL ANXIETY/OCD: define etiology of anxiety and social motivation or intent vs preference for sameness SCHIZOPHRENIA: differentiate positive/negative symptoms from social deficits and similar thought disorder PERSONALITY DISORDERS: differentiate quality and intent of social interactions vs lack of social perspective taking DEVELOPMENTAL: differentiate between normal pattern of expected behaviour and developmental disorder

ASD Offenders: Prevalence Prevalence studies reflect around 3% of mentally disordered offenders in community (Siponmaa 2001) Higher rates of HFA and AS in secure hospitals (Hare, 3% ASD/90% AS, 1999)(Scragg, 1.5% ASD) Vulnerable due to unique neuropsychiatric symptoms and behavioural phenotype of ASD.

Phenotype of ASD and Risk Social impairment: Interpreting social cues and interactions (distorted intentions) Socially and emotionally unusual behaviours (b/w rules) Poor insight or concern about consequences (empathy, TOM) Verbal /Non-verbal communication: Awkward expressive language (concrete) Superficial comprehension (perceived by others) Dysprosody/affect modulation (extreme emotions) Routines and repetitive activities: Obsessional rote pursuit of circumscribed interests Impulsive high risk behaviours, poor self-control Adherence to rules, lack of flexibility

RCP (2006) Risk Variables in ASD More likely male Executive dysfunction difficulties (stickiness) Social naivety with interpersonal difficulties (context) Impairment in social judgment of others (intuition) Difficulty with empathy and remorse (emotions) Acquiescent to others (social traffic/rules) History of impulsivity and/or ADHD Chronic anxiety and attachment problems.

Vulnerabilities in the CJS Rule-based behaviour: no understanding of grey (obstinent; oppositional) Consequences focused on self (narcissistic, shallow) Lack of insight into others behaviours (indifferent, uncaring) Poor empathy or social understanding (callous, unfeeling) Emotional dysregulation (extreme reactions, poor control) Sense of injustice/entitlement (paranoid, suspicious) Sophisticated language masks lack of comprehension perseverative, sticky, obsessive Inflexible and resistant to compromise Inability to generalize experiences Susceptible to anxiety and agitation when uncomfortable

Offence Type Range of offences: Physical Aggression and/or Verbal threats Public Nuisance Sexualized Offences ie stalking, harassment Criminal Damage Fire-setting Homicide (Murphy et al, Howlin et al, Attwood) Precipitating Reasons Isolation Social rejection Sexual rejection Bullying Family conflict MH instability Life event Bereavement (Allen, Evans et al)

Aggression and ASD Anger and aggression can present as: Immediate Behavioural Reaction (impulsive act) Distorted Emotional Response (perceived threat) Sensitivity Reflex (overstimulation) May be communication of underlying symptom of mental health problem and/or sensory impairment

Assault and ASD Revenge (justified anger) Exclusion (perceived marginalization) Default identity (deviant membership) Special Interest (fascination with extremes) Reactive (environmental/sensory defensiveness) Gaining Recognition (guaranteed response) *

Sexual Behaviours and ASD Higher risk and vulnerability due to: more likely to experience abusive sexual events less likely to have experiences that enhance sexual health more likely to have distorted/inflexible knowledge of sexuality Paraphilias are rare but may also be related to fixed interests e.g. fetishism Offenders more likely to exhibit sexually inappropriate behaviours due to sexual rule ambiguity (i.e. stalking, sexual harrassment) however can escalate quickly due to dichotomous expectations

Sexual Offences and ASD Lack of normative experiences (comp. group) Impaired social perspective-taking (advance) Projected social assumptions (intimacy) Rote learners and concrete rules (past exps) Lack of flexibility in social interpretations (fluidity) Rigid expectations (dichotomy) Persistence/rumination provoke re/shp change *

CJS Vulnerabilities Unlikely to be recognised Temporal time problems Differentiate accountability of self vs others Misinterpret sequence of events (literal) Misjudge re/shps (advocate vs support) Undue compliance or rule rigidity Uncautious honesty & unemotive about facts Sophisticated language without meaning False deterrent - like structure/routine of CJS

CJS and ASD interactions: perceptions of intent and purpose. no remorse, callous poor insight oppositional, non-compliant - inflexibility attention seeking diffs with nuisance fradulant sophisticated language no responsibility/account. b/w thinking won t learn from cons. diff generalizing looks guilty - anxiety, motor diff (clumsy)

ASD Offending Behaviour Treatment Individually tailored rather than blanket approach MUST be based on comprehensive risk assessment and management plan substantial research on ABA intervention programs communication: signing, PECS, visual boards social stories, cartoons & social perspective taking behavioural rehearsal, role-play & skill acquisition sensory integration assessments psychopharmacology (SSRI s, anti-psychotics, anticonvulsants, anti-anxiety, stimulants) psychotherapy depending on cognitive level (CBT, DBT and systemic)

CJS Cases: ASD & Aggression Rule-based world Strict routine and Intolerance to exceptions to the rule 42 yr old with multiple physical assaults Extreme social experiments Avoids live confrontation and elicits extreme reactions due to inability to read non-verbal cues 22 yr old with verbal harassment charges Entitled aggression Lack of empathy, TOM and insight leads to egocentric righteous attitude and justified extreme response 30 yr old with threats and arson charges

CJS Cases: Sexual Behs & ASD Poor insight and self-identify Unrealistic expectations exacerbate romantic failure 19 yr old with trespassing and stalking charges Greys of Relationships Inability to interpret social nuisance and context 25 yr old with sexual solicitation over internet Rigid expectations Paucity of romantic exp and rule generalization 17 yr old female with sexual harassment behs at school Acceptance: non-judgmental, social immature, un-complex

Thank you! Email: jonesj@queensu.ca