Mental Health Training Only Half The Answer

A story in the New York Daily News highlights one of the many challenges for law enforcement in handling mental health issues in the community: although the NYPD has more than 4,000 specially trained cops to deescalate incidents involving the mentally ill, but they’ve been woefully ineffective in getting the officers to critical scenes. According to the report by NYPD Inspector General Philip Eure, dispatch hers don’t know were members of the Crisis Intervention Team, or CIT, are when they field 911 calls related to a “mental crisis.”

“911 dispatchers cannot assign CIT-trained officers to crisis calls because they have no way of determining which patrol cars in the field contain CIT-trained officers,” the report found. “This is highly problematic.”

The NYPD gets more than 400 per day  regarding people who are emotionally disturbed.

Criminal Justice Reform – 2016 Review

A report from the Sentencing Project examines reforms adopted in 17 states targeted at reducing prison populations and addressing collateral consequences for persons with criminal convictions.

Amongst the highlights: In Maryland, House Bill 1312 repealed mandatory minimum sentences for nonviolent drug crimes, established graduated sanctions short of reimprisonment for parole and probation violators, and increased prison credits for completion of educational programs. In Oklahoma, voters passed State Question 780 (by 57%), which reclassified drug possession and low level property offenses to misdemeanors instead of felonies, and State Question 781, which allows counties to use money saved from sending fewer people to prison under SQ 780 to fund community rehabilitation programs.

And Delaware, Maryland, and Virginia addressed felony disenfranchisement. Nationally, 6.1 million persons are disenfranchised from voting due to felony convictions.  Since 1997, 23 states have changed laws improving enfranchisement policies for persons with felony convictions. Last year in Delaware Senate Bill 242mandates that individuals no longer have to pay off their fines and fees in order to vote. In Maryland lawmakers overrode the governor’s veto of House Bill 980 and authorized voting for an estimated 40,000 people on probation or parole. In Virginia Governor McAuliffe issued executive orders restoring voting rights to 70,000 persons.

 

It Begins

The DOJ has asked for a one-month continuance the Texas voter ID case. The motion, which is opposed by the private plaintiffs in the case but supported by the state of Texas, asks for the extension for the following reason: “Because of the change in administration, the Department of Justice also experienced a transition in leadership. The United States requires additional time to brief the new leadership of the Department on this case and the issues to be addressed at that hearing before making any representations to the Court.”

Rick Hasan’s “Election Blog” expects that in both the North Carolina and Texas voting cases pending in the Supreme Court and  in the district court,  the DOJ will switch positions and side with the states – and against the voting rights plaintiffs.- that passed restrictive voting rules

ADA in the Criminal Justice System

The DOJ has issued guidelines for application of the Americans with Disabilities Act in the criminal justice system. The report, “Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the Americans with Disabilities Act,”explains how Title II of the ADA applies to individuals with mental health disabilities and intellectual and developmental disabilities in the criminal justice system.  Under the ADA, state and local government criminal justice entities—including police, courts, prosecutors, public defense attorneys, jails, juvenile justice, and corrections agencies—must ensure that people with mental health disabilities are treated equally and are afforded equal opportunities to benefit from safe, inclusive communities.  Nondiscrimination requirements, such as providing reasonable modifications to policies, practices, and procedures and taking appropriate steps to communicate effectively with people with disabilities, also support the goals of ensuring public safety, promoting public welfare, and avoiding unnecessary criminal justice involvement for people with disabilities.

The report includes examples of instances where improved coordination and collaboration between criminal justice entities and disability service systems has generated positive community outcomes, improved policies, and more effective training.

National Democratic Redistricting Committee

The NDRC is a new project chaired by former Attorney General Eric Holder with a  goal of producing fairer maps in the 2021 redistricting process. The committee will coordinate party organizations on a multi-cycle, state-by-state redistricting strategy ahead of the 2020 Census.

“This redistricting process will be critical to the future of our democracy,” Holder said. “Those who control state governments draw the lines that shape Congress for the next decade. Fixing this redistricting problem will involve not just focusing on the lines, but focusing on the larger effort to win back governance. This is the path to ensuring Democrats have their rightful seats at the table in 2021.”

The NDRC will target races in every election cycle through 2020 – including gubernatorial, state legislative and ballot initiative campaigns where Democrats can produce fairer electoral maps in 2021. Holder highlighted these major focal points in a speech at the Center for American Progress Action Fund, including:

1. ELECTORAL – The NDRC will coordinate and support the critical state-based electoral work led by the Democratic Legislative Campaign Committee and Democratic Governors Association to identify and invest in key down-ballot races with redistricting implications.

2. LEGAL – The NDRC ensures that ongoing infrastructure is in place and adequately resourced to guide a proactive legal strategy using data, technical, and map drawing resources.

3. BALLOT INITIATIVE – The NDRC will support state ballot reforms where this is the best strategy to produce fairer maps.

$282 Million

That’s the Opportunity Institute’s estimate of the cost of wrongful convictions and other failed prosecutions in California’s criminal justice system. The report 692 adult felony criminal cases from 2000–2012 where the defendant was convicted of felony or felonies, the convictions were reversed, and the charges were either dismissed or the defendant subsequently found not guilty on retrial. It examines the types of cases susceptible to error, the types of error that exist, and the direct costs of incarceration, representation, and compensation attributable to these cases and their ultimate resolution.

Presumed Guilty?

In 30 states, the police can collect DNA samples from arrestees to compare with national databases, without any finding of guilt. A recent report for the Pew Charitable Trust examines the practice, which on its face might seem to violate basic principles of “innocent until proven guilty.” The Supreme Court doesn’t think so: in 2013 it upheld the practice, saying taking samples at the time of arrest doesn’t violate the Fourth Amendment’s protection against unreasonable searches and seizures. “Taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure.” (Maryland v. King, a 5-4 decision with the unusual dissenting group of Scalia, Ginsburg, Sotomayor, and Kagan)

$10.6 Million for Reform

California Governor Jerry Brown’s new budget asks for $10.6 million to implement Propostion 57, the criminal; justice initiative approved on the ballot this past November.  Scott Kernan, secretary of the California Department of Corrections and Rehabilitation, said the governor’s new state budget lays out a primary framework for implementing the reforms in Prop 57, which seeks to reduce the state’s inmate population by giving parole officials greater latitude to offer early release to thousands of prisoners.

“We are in the preliminary stages,” said Kernan, whose agency expects to complete the new package of rules by the required October 2017 deadline. “Proposition 57 is a significant change for this department, and a significant change for the criminal justice system in California.”

Sheriff’s Mental Health Teams in LA

The Los Angeles County Board of Supervisors recently voted to expand the  department’s Mental Evaluation Teams so they can respond 24 hours a day, seven days a week. The LA County Sheriff was the first SoCal law enforcement agency to create such teams, and with this new plan will add 25 staff members and  $4.7 million in funding in order to double the number of Mental Evaluation Teams from 10 to 23 and create a “triage help desk” for residents to call during a psychological crisis.

The teams pair deputies with mental health clinicians and respond to calls that require special handling of mentally ill people who are threatening others or being disruptive. The goal is to reduce the use of jail as a de facto mental health treatment facility and send those in need to psychological services rather than custody. Ideally law enforcement contact with individuals with mental illness will then result in connection with treatment rather than cycling in and out of the criminal justice system.

 

Supreme Court Stays NC Racial Gerrymandering Order

The Supreme Court issued a surprising stay of an Appeals Court order of  special elections in North Carolina  following a finding  that a number of NC state legislative districts were unconstitutional racial gerrymanders. That three-judge court refused to halt the 2016 elections being held under those illegal lines, but ordered the NC legislature to  create a new districting plan to fix the constitutional problems for special elections to be held in 2017.

North Carolina asked the court to stay its own order pending an appeal to the Supreme Court. As that is pending, the state filed an emergency motion with Chief Justice Roberts asking for the Chief or the Court to stay the requirement for a special election, in essence pushing the matter to the 2018 elections and giving the new current legislature the freedom from a new round of redistricting and new elections. That is the request the Supreme Court has granted.

This order could be short-lived: the Court will consider whether to take up the underlying appeal in the case in the next two weeks.