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Section 1. Short Title
This Act may be cited as the "Equity and Inclusion for Individuals with Developmental Disabilities Act." 

Section 2. Purpose
The purpose of this Act is to promote equity, inclusion, and justice for individuals with disabilities by establishing federal guidelines and standards that build upon the principles of the state laws mentioned in this Act.

Section 3. Interviews of victims, suspects, or defendants with an autism spectrum disorder, down syndrome, or other known developmental disability.

(a) A law enforcement officer, a correctional officer, or another public safety official shall, upon being informed of an individual diagnosed with an autism spectrum disorder or down syndrom, make a good faith effort to ensure that his or her attorney, parent, guardian, requested friend, psychiatrist, psychologist, mental health counselor, special education instructor, or clinical social worker, an individual not compensated by or affiliated with the state or government entity, is present at all interviews of the disabled individual. All expenses related to the attendance of the professional at interviews shall be borne by the requesting parent, guardian, or individual. Failure to have a designated advisor or professional as defined by this subsection present at the time of the interview, or a written statement from the disabled individual waiving this right, is a basis for suppression of the statement or the contents of the interview, good faith exceptions do not apply.

(b) When in question, a disabled person as a victim, a suspect, or a defendant shall be given 72 hours to produce their diagnosis documentation or confirmation of, from a qualified professional, of their disability prior to interviews, falsifying a disability is punishable under statute 18 U.S. Code § 1035.

Section 4. Deferred Disposition for Individuals with Autism or Intellectual Disabilities
(a) Federal prosecutors and courts handling criminal cases shall have the discretion to defer and dismiss a criminal case where the defendant has been diagnosed with autism or an intellectual disability, and it is established 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.

(b) Mandatory Minimums shall not apply in offenses in which an intellectual disability is established qualified in subsection (a).
(c) A court considering deferred disposition under subsection (a) shall ensure that the rights of the defendant are protected and that appropriate support and treatment options are made available.

Section 5. Consideration of Mental Condition and Disabilities in Criminal Proceedings
(a) In criminal proceedings, evidence concerning a defendant’s mental condition at the time of an alleged offense, including expert testimony, shall be admissible if it tends to show the defendant's mental state required for the offense charged and is otherwise admissible under the general rules of evidence.
(b) A diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of bail, sentencing decisions, and house arrest.
(c) Qualification as a court-appointed attorney shall require completion of two hours of continuing legal education covering the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities.

Section 6. Implementation and Enforcement
(a) The relevant federal agencies shall promulgate regulations and guidelines necessary for the implementation of this Act within one year of its enactment.
(b) The Department of Justice shall monitor and enforce compliance with the provisions of this Act, taking appropriate action in cases of non-compliance.

Section 7. Severability
If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of the provisions to other persons or circumstances shall not be affected.

Section 8. Effective Date
This Act shall take effect 180 days after its enactment.