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Mentally retared people "does" go to jail when they commit a crime. Often more so than non-mentally retarded people "does" go to jail.

If they have been charged, its up to the judge where they go, and the DA (state) recommends jail...if they have a good/paid defense lawyer, they can fight for the accused and put their case properly before the judge with medical documentation to support the need for placing them in a hopital over a jail as they await their trail.

When these defendants (or their family) "doesn't" have the money to pay for their legal defense, unfortunately the judge can't make a proper determination, and the accused "does" wait out their time in jail...and IF convicted (or when)...they "does" spend their sentence IN JAIL or PRISON...not a state or county medical facility...where they belong.

Jail and Prison is NOT the place for these accused/convicts. But, often times more so than not, this is where they "does" go.

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Q: Can mental retarded people get charged with felony?
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