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The Arc Partners With Vera Institute of Justice on National Initiative to Improve Police Responses to Persons With Mental Health and Developmental Disabilities

/in , /by The Arc

People living with mental health disabilities and/or intellectual and developmental disabilities (IDD) are disproportionately represented in contacts with law enforcement and other first responders, as well as in every part of the criminal justice system, including jails and prisons. While people with IDD comprise 2 to 3 percent of the general population, they represent 4 to 10 percent of the prison population.

Interactions with law enforcement can be extremely harmful to community members with disabilities. These interactions are also challenging for responding officers, who do not always have the tools or resources to understand disability. Conservative estimates show that at least 10 percent of calls to police involve people who have mental health disabilities and that 50 to 80 percent of police encounters involve persons with some type of disability. In response to this critical need, the Vera Institute of Justice—in cooperation with the Bureau of Justice Assistance (BJA) and in partnership with a consortium of organizations, including The Arc—is launching Serving Safely: The National Initiative to Enhance Policing for Persons with Mental Illnesses and Developmental Disabilities. This new initiative is designed to promote collaborative responses for people with mental health disabilities and IDD who come into contact with the police to improve outcomes and the safety of all parties.

Through Serving Safely, The Arc, Vera, BJA, and other partners will work together to minimize unnecessary detention and incarceration of persons with mental health and developmental disabilities, strengthen connections to community-based supports and services, and grow meaningful partnerships between law enforcement agencies and the communities they serve.

The Arc has a long history of work in the criminal justice field and is thrilled to be partnering with Vera on this project. In 2013, The Arc created the National Center on Criminal Justice and Disability® (NCCJD®). This is the first national center of its kind serving as a bridge between the IDD community and criminal justice community that focuses on both victim and suspect/defendant/incarcerated person issues. The Center provides training and technical assistance; resources for professionals, people with disabilities, and their supporters; and educates the public about the intersection of criminal justice reform and the advancement of disability rights. Pathways to Justice®, NCCJD’s signature training curriculum, is a comprehensive, community-based training program that helps criminal justice professionals—including law enforcement—understand disability, disability culture, and professionals’ legal obligations toward the disability community.

NCCJD is building the capacity of the criminal justice system to respond appropriately to gaps in existing services for people with disabilities, focusing on people with IDD, who often remain a hidden population within the criminal justice system, with little or no access to advocacy supports or services. Vera will be partnering directly with the experts and staff that run NCCJD on Serving Safely.

Other key partners on the project include:

  • American College of Emergency Physicians
  • CIT International
  • National Alliance on Mental Illness
  • National Disability Rights Network
  • Prosecutors’ Center for Excellence
  • Dr. Amy Watson, University of Illinois, Chicago
  • Dr. Michael Compton

Serving Safely has already started to accept requests from law enforcement agencies for training and technical assistance at www.vera.org/projects/serving-safely/training-and-technical-assistance. If you are interested in learning more about The Arc’s role in the Serving Safely initiative, please email NCCJDinfo@thearc.org.

About The Arc
The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, and cerebral palsy. The Arc has a network of nearly 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes.

About the Vera Institute of Justice
The Vera Institute of Justice is an independent nonprofit national research and policy organization working with governments to build and improve justice systems that ensure fairness, promote safety, and strengthen communities. For more information about Serving Safely and the Vera Institute of Justice, see www.vera.org/projects/serving-safely.

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The Arc Responds to Supreme Court Decision to Decline Review of Brendan Dassey Case

/in , /by The Arc

Washington, DC – Washington, D.C. – Today, The U.S. Supreme Court declined to grant review of Dassey v. Dittman. Brendan Dassey, a young man with social, learning, and developmental disabilities, was a central figure in Netflix’s smash docuseries, Making a Murderer. He was sentenced to life in prison at the age of 16 after conviction for first-degree homicide, rape, and mutilation of a corpse based solely on his confession – no physical evidence linked him to the crime.

Dassey appealed the conviction on the grounds that his confession was involuntary. The Wisconsin Court of Appeals rejected this argument and affirmed Dassey’s conviction. A federal district court and a divided panel of the Seventh Circuit Court of Appeals held that this rejection warranted habeas relief, but by a 4-3 vote, the en banc Seventh Circuit disagreed. Dassey’s attorneys then made an appeal to the U.S. Supreme Court. Now that the U.S. Supreme Court has declined to review the case, Dassey may spend the rest of his life in prison.

The Arc, the nation’s largest civil rights organization for people with intellectual and developmental disabilities (IDD) and their families, released this statement following the news that the nation’s highest court will not review Dassey’s case:

“This is a sad day for Brendan Dassey and his family, as well as our criminal justice system. The U.S. Supreme Court’s decision to not review this case means that Brendan will likely serve life in prison based solely on a dubiously obtained confession.

“The U.S. Supreme Court has not addressed the issue of false confessions by juveniles in almost four decades. There has been significant growth of knowledge and understanding of how adolescents can be more susceptible to authority figures, coercion, and misleading tactics in the last four decades. This is particularly true for individuals with intellectual and developmental disabilities.

“Brendan Dassey has already been incarcerated for over a decade, solely on the basis of an unreliable confession. Now the reality of life in prison for a crime there is no physical evidence he committed is sinking in. Sadly, our prisons and jails hold many Brendan Dasseys, too often forgotten, some not even recognized as being robbed of justice. We have a responsibility to ensure everyone in our country accesses justice the same way, which is why we must acknowledge the gaps in justice many are facing. The Arc will continue fighting for the rights of people with intellectual and developmental disabilities, and in the aftermath of this case we will only increase our efforts to ensure that justice is appropriately served,” said Peter Berns, CEO of The Arc.

While people with intellectual and developmental disabilities comprise 2% to 3% of the general population, they represent 4% to 10% of the prison population. Those accused of crimes they did not commit often face the greatest injustices of all, some losing their lives when coerced into giving false confessions. Long before Brendan Dassey’s case hit mainstream media, Robert Perske, respected author, advocate, and long-time supporter of The Arc, compiled a list of people with intellectual disability who gave false confessions to begin documenting these otherwise hidden-away cases.

Earlier this month, The Arc’s Criminal Justice Advisory Panel was launched. The panel is the latest addition to the organization’s National Center on Criminal Justice and Disability’s® (NCCJD®) ongoing advocacy to protect the rights of people with IDD involved in the criminal justice system. During this event, The Arc presented, Steven Drizin, Clinical Professor of Law at Northwestern University Pritzker School of Law’s Center on Wrongful Convictions of Youth, with The Perske Award for championing the rights of people with IDD in the criminal justice system. Drizin was presented the award for a lifetime of work on justice reform for youth and people with disabilities and his representation of Brendan Dassey

Established in 2013, NCCJD is the only national center of its kind serving as a bridge between the IDD community and criminal justice community that focuses on both victim and suspect/defendant/inmate issues. The center provides training and technical assistance, resources for professionals, people with disabilities, and their supporters, as well as educates the public about the intersection of criminal justice reform and the advancement of disability rights. Pathways to Justice,® NCCJD’s signature training tool, is a comprehensive, community-based training program facilitated through chapters of The Arc that helps criminal justice professionals understand their legal obligations toward the disability community, and includes the topic of false confessions. NCCJD is building the capacity of the criminal justice system to respond appropriately to gaps in existing services for people with disabilities, focusing on people with IDD, who often remain a hidden population within the criminal justice system, with little or no access to advocacy supports or services.

About The Arc

The Arc advocates for and serves people wit­­h IDD, including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, and cerebral palsy. The Arc has a network of nearly 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes.

About The Arc’s Criminal Justice Advisory Panel

The Advisory Panel is the latest addition to NCCJD’s ongoing advocacy to protect the rights of people with IDD involved in the criminal justice system. It brings together legal professionals who share The Arc’s mission to protect and promote the civil rights of people with IDD and will help expand NCCJD’s crucial advocacy.

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The Arc Recognizes Steven Drizin, One of Brendan Dassey’s Attorneys, for Championing Disability Rights Throughout Career

/in /by The Arc

Washington, D.C. – The Arc of the United States has recognized Steven Drizin, Clinical Professor of Law at Northwestern University Pritzker School of Law’s Center on Wrongful Convictions of Youth, with The Perske Award for championing the rights of people with intellectual and developmental disabilities (IDD) in the criminal justice system.

Drizin was presented the award for a lifetime of work on justice reform for youth and people with disabilities and his representation of Brendan Dassey, a young man with learning and developmental disabilities, and a central figure in Netflix’s smash docuseries Making a Murderer. The award was presented to Drizin during an event celebrating the creation of The Arc’s Criminal Justice Advisory Panel, the latest addition to the organization’s National Center on Criminal Justice and Disability’s® (NCCJD®) ongoing work to protect the rights of people with intellectual and developmental disabilities involved in the criminal justice system.

Drizin’s law career spans more than 30 years, during which he has become a national expert on false confessions, wrongful convictions, and juvenile justice reform. Drizin and his colleague, Laura Nirider, have been working on the Brendan Dassey case since Dassey was sentenced to life in prison after conviction for first-degree intentional homicide, rape, and mutilation of a corpse at the age of 16. His conviction was overturned on grounds that his confession was involuntary but later reinstated after an en banc decision of the United States Court of Appeals for the Seventh Circuit. This month, the U.S. Supreme Court will consider whether to hear his case.

“Our justice system is flawed in many ways, but nothing is more cruel, inhumane, and tragic than the way people with intellectual and developmental disabilities can be treated in the process. Steve Drizin has made it his mission to take on many cases in which justice hasn’t been served. In Brendan Dassey’s case, the work he is doing will have a ripple effect for other people with intellectual and developmental disabilities caught up in a system that can stack the odds against them. For those of us who knew and worked with Bob Perske, giving Steve this award in Bob’s name is a natural fit, as Bob’s passion lives on in those who continue to work toward justice,” said Peter Berns, CEO, The Arc.

The Perske Award was established by The Arc in 2018 to further the legacy of Bob Perske by recognizing individuals who champion the rights of people with IDD in the criminal justice system. As a former Executive Director of a chapter of The Arc, Perske’s legacy was in volunteering his time to assist defendants with IDD who were unjustly accused and their defense attorneys. Perske famously fought for more than 25 years to win the freedom of Richard LaPointe, a man with Dandy Walker Syndrome, who was incarcerated for more than 26 years after falsely confessing to a murder he could not have committed. He also played a critical role in winning the posthumous pardon in 2011 of Joe Arridy, a 23-year-old man with an intellectual disability, executed in 1939 after falsely confessing to a rape and murder he did not commit.

“For more than a decade, Bob was a partner in a shared passion to shed light on the systemic problem of false and coerced confessions. Bob taught me that far too often, it’s people with intellectual and developmental disabilities who are placed in peril during interrogations and in court proceedings simply because actors in our criminal justice system ignore or don’t recognize their disabilities. Bob’s work, often accompanied by beautiful illustrations from his wife Martha, humanized those with disabilities and spotlighted the many ways in which they were abused. My respect and admiration for Bob and his work is boundless and difficult to put into words – receiving this award in his name is the greatest honor I could receive, and I thank The Arc for the work it does to fight for change in our criminal justice system for people with disabilities,” said Drizin.

Upon Perske’s passing in 2016, The Arc created The Robert Perske Fund for Criminal Justice to support carrying on his legacy through the work of The Arc and our National Center on Criminal Justice and Disability (NCCJD).

About The Arc

The Arc advocates for and serves people wit­­h IDD, including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, and cerebral palsy. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes.

About The Arc’s Criminal Justice Advisory Panel

The Advisory Panel is the latest addition to NCCJD’s ongoing work to protect the rights of people with IDD involved in the criminal justice system. It brings together legal professionals who share The Arc’s mission to protect and promote the civil rights of people with IDD and will help expand NCCJD’s crucial advocacy. The Advisory Panel is led by Cliff Sloan, partner at Skadden Arps, whose pro bono litigation experience includes securing a victory for a death row inmate with intellectual disability before the U.S. Supreme Court, and Elizabeth Kelley, a solo practitioner specializing in defending individuals with IDD and mental health disabilities, and The Arc’s CEO, Peter Berns.

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The Arc Responds to New Report Exposing Abuse and Neglect of Individuals With Disabilities in Group Homes

/in , /by The Arc

Washington, DC – At the request of Congress, the U.S. Department of Health and Human Services Office of Inspector General investigated states’ monitoring and reporting of injuries and other critical incidents of people with disabilities living in group homes. Following the investigation, a report was issued that cited numerous incidents of abuse of people with intellectual and developmental disabilities in group homes. The report found that up to 99% of these critical incidents were not reported to the appropriate law enforcement or state agencies as required. Below is The Arc’s response to the report:

“We are grateful to the Department of Health and Human Services, Office of Inspector General for its report that draws attention to critical incident reporting in group homes and provides states the tools to address the health and safety of individuals with intellectual and developmental disabilities (IDD) in their communities. Abuse, neglect, and injuries to people with disabilities must be taken seriously, reported to the appropriate law enforcement or state agencies, and prosecuted as appropriate for crimes committed. System failures must be addressed to ensure improvements.

“The OIG report is certainly cause for alarm and signals the need for rededication and reinvestment to ensure that everyone has the freedom to live safe from harm in their communities. It is important to highlight and appropriately address such jarring results, however, we are concerned that some see this as a call for returning to the time when people with IDD were placed in institutions and hidden away from the community. This report only focuses on group homes, not on the whole service system including institutions, the narrowness of the report must be taken into consideration and the report must not be used to eliminate options for community living.

“Throughout The Arc’s history we have fought for community inclusion for individuals with disabilities. Everyone deserves the right to choose where and with whom they live and it has been proven that people with disabilities thrive when living, working, and enjoying life in the community with their peers. We remain steadfast in our commitment to ensure that the services people with disabilities rely on for inclusion remain intact because community supports are critical. When people live in their communities they are visible and their neighbors and friends look out for them and know when something is wrong. We must make no mistake, it is life in the community that really is safest,” said Peter Berns, CEO of The Arc.

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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#MeToo: Helping Women With Intellectual and Developmental Disabilities Talk Openly About Sexual Violence With Health Care Professionals

/in /by The Arc

Sexual Violence Healthcare ProfessionalPrompted by recent news events, women everywhere are speaking up and sharing accounts of sexual violence. Social media feeds have been so inundated with tales of unwanted personal sexual encounters that it has sparked an online media campaign, punctuated by #MeToo. However, women with disabilities may face greater barriers to talking about their own experiences on social media or elsewhere. That’s why, before this hashtag went viral, The Arc’s National Center on Criminal Justice and Disability® (NCCJD®) and The Board Resource Center (BRC) teamed up to highlight the alarming rate of sexual assault among women with intellectual and developmental disabilities (IDD). Just this fall these two organizations, with the assistance of a one-year grant from The WITH Foundation, unveiled the Talk About Sexual Violence webpage that includes videos and other resources dedicated to building the capacity of health care professionals to empower female patients with IDD to talk about and prevent sexual assault.

Research shows that nationally, 1 in 5 women without disabilities are sexually assaulted. However, women with disabilities face even grimmer statistics. According to the Bureau of Justice Statistics, the rate of violent victimization (which includes rape or sexual assault) of people with disabilities is more than three times higher than the rate for people without disabilities. A related survey conducted in 2012 found that out of over 7,000 respondents, only 37.3% of people with disabilities reported any type of victimization to authorities. Many societal factors have allowed this disturbing pattern to continue, including inexperience among health care professionals in broaching the topic of victimization in ways that are accessible and culturally competent for everyone.

Recognizing that health care professionals are in frontline positions to educate their patients about sexual violence, NCCJD® and BRC created easy-to-use resources to address this issue. The materials provide straightforward guidance on how to start a simple, direct and honest conversation with female patients about an all too common experience, and include two short videos: “How to Have the Conversation” and “Kecia Meets with Her Doctor”, available in both English and Spanish. Accompanying the videos are a variety of supplemental materials, including training and communication guides.

These resources are invaluable in the fight against sexual violence of women with IDD, but the first line of defense is simply believing woman with IDD when they disclose sexual assault, and listening to their experiences. The goal of The Arc’s Talk About Sexual Violence project is to support women with IDD to be heard, believed, and supported by receiving prompt and effective medical care and healing services. Every woman deserves a safe environment to honestly admit “MeToo,” and to protect herself from sexual violence.

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The Arc Brings Disability Perspective to Police-Led Hate Crimes Advisory Committee

/in , /by The Arc
Hate Crimes Panel Group

Leigh Ann Davis, Chief Will Johnson with Arlington Police Department (TX), Peter Berns, Ariel Simms

Since 2013, The Arc’s National Center on Criminal Justice and Disability® (NCCJD®) has served as a bridge between the disability and law enforcement communities, and is the first-of-its-kind national clearinghouse for information and training on the topic of people with IDD as victims, witnesses, suspects and incarcerated persons. The Arc’s work to elevate these issues led to the opportunity to attend and present at the 2017 International Association of Chiefs of Police (IACP) national convention in Philadelphia, Pennsylvania. While at the conference, staff, including CEO of The Arc Peter Berns, participated in the initial “Enhancing the Response to Hate Crimes” Advisory Committee meeting co-hosted by IACP and the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee). In attendance were law enforcement and civil rights leaders, such as The Anti-Defamation League; the Baltimore Police Department; The Leadership Conference on Civil and Human Rights, and many others from across the country who met to develop an achievable action agenda to improve the criminal justice system’s response to hate crimes. According to the FBI, 1.2% of hate crime victims were targeted because of disability in 2015. Many disability advocates find this statistic misleadingly low, as individuals with IDD frequently cite barriers to reporting crimes committed against them. In 2015, NCCJD explored these barriers and potential solutions in its white paper, Violence, Abuse and Bullying Affecting People with Intellectual/Developmental Disabilities: A Call to Action for the Criminal Justice Community.

“We are proud to lead a committee of such outstanding leaders who are coming together to invest their time and effort into breaking down barriers and strengthening the relationship between law enforcement and the communities that are too often the targets of hate crimes,” said Lawyers’ Committee President and Executive Director Kristen Clarke.

Hate Crime Advisory Panel

The Arc’s NCCJD staff presented with Chief Will Johnson and Melissa Bradley with DOJ’s COPS Office on applying procedural justice to situations involving people with disabilities

At this first in a series of four meetings, members began to develop key principles for improving the response to hate crimes. The committee also discussed the many legal, economic, emotional, social, and safety issues that arise in the wake of hate incidents and hate crimes, as well as proposed recommendations on appropriate responses.

Subsequent meetings will continue to solicit input from additional law enforcement and civil rights leaders as well as community members targeted for hate crimes. The committee will use this input to craft an action agenda for community and law enforcement leaders, which will ultimately improve the safety of communities targeted by hate. The Arc is thrilled to participate in this important work, as the organization continually strives to raise awareness among law enforcement and other agencies about the high rate of victimization in the disability community (for more information about training for criminal justice professionals see www.nccjdpathwaystojustice.org). Furthermore, The Arc’s National Center on Criminal Justice & Disability works to ensure that any reporting efforts related to hate crimes (and other crimes) include effective outreach methods for people with IDD who remain traditionally underserved and overlooked in today’s criminal justice system.

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RE: Clemency for Ledell Lee

/in , , , , /by The Arc

Dear Governor Hutchinson:

I write on behalf of The Arc of the United States (The Arc) to urge you to commute the death sentence of Ledell Lee pending a full clinical evaluation to determine whether Mr. Lee has an intellectual disability (ID). The Arc is a national non-profit organization which, for over 65 years, has sought to promote and protect the civil and human rights of individuals with intellectual and developmental disabilities through the work of its national office and over 650 state and local chapters throughout the country. Through its National Center on Criminal Justice and Disability®, The Arc seeks justice for those with ID who find themselves entangled in the criminal justice system, often without necessary accommodations or understanding of their disability.

The Arc has deep sympathy for the family and friends of the victims in this case, and we support appropriate punishment of all responsible parties. However, Mr. Lee’s history is replete with evidence indicating a potential ID diagnosis, which would bring him under the protection of the United States Supreme Court’s decisions in Atkins v. Virginia, 536 U.S. 304 (2002), Hall v. Florida, 134 S. Ct. 1986 (2014), and the more recent decision in Moore v. Texas, No. 15–797, slip op. (U.S. Mar. 28, 2017).

In its 2002 Atkins decision, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with ID (formerly termed “mental retardation”) and banned the execution of persons with ID as cruel and unusual punishment under the Eighth Amendment, noting that individuals with ID “do not act with the level of moral culpability that characterizes the most serious adult criminal conduct” and that “[n]o legitimate penological purpose is served by executing a person with intellectual disability…to impose the harshest of punishments on an intellectually disabled person violates his or her inherent dignity as a human being.” In its 2014 Hall decision, the U.S. Supreme Court further clarified its decision that people with ID not be executed in violation of the Constitution, requiring that adaptive behavior evidence, beyond IQ test scores alone, be taken into account when determining whether an individual has ID. The more recent Moore case further confirms adaptive behavior criteria as necessary in determining whether someone meets diagnostic criteria for ID, and that such criteria must comport with modern clinical and scientific understanding of ID.

The evidence presented by the neuropsychological expert in this case, Dr. Dale Watson, supports the conclusion that if Mr. Lee undergoes a full evaluation, he will likely meet the three prongs of an ID diagnosis: (1) significantly impaired intellectual functioning; (2) adaptive behavior deficits in conceptual, social, and practical adaptive skills; and (3) origination of the disability before the age of 18. In order to complete his analysis, Mr. Lee’s adaptive deficits and history during the developmental period (before age 18) need to be fully assessed. Individuals with ID—like everyone else—differ substantially from one another. For each person with ID there will be things he or she cannot do but also many things he or she can do. Because the mixture of skill strengths and skill deficits varies widely among persons with ID, there is no clinically accepted list of common, ordinary strengths or abilities that would preclude a diagnosis of ID. Thus, the focus in assessing an individual’s adaptive behavior must be on deficits. As recently confirmed in Moore, adaptive strengths are irrelevant to this analysis and IQ alone cannot paint a full picture of whether a person has an ID. Thus, we urge that Mr. Lee receive a full evaluation for ID to determine whether he may be eligible for the Atkins constitutional protection from the death penalty.

Given the high likelihood of ID in this case, it is troubling that the lawyers who represented Mr. Lee throughout his trial failed to properly investigate evidence of Mr. Lee’s potential ID. As a result, no evidence of Mr. Lee’s potential disability was presented to the jury during the sentencing phase of his trial. If a full evaluation confirms Mr. Lee’s suspected diagnosis of ID, then Mr. Lee’s death sentence violates current prohibitions against cruel and unusual punishment as set forth in the U.S. Supreme Court decisions in Atkins, Hall, and Moore.

The Arc does not seek to eliminate punishment of Mr. Lee or others with disabilities, but rather, to ensure that justice is served and the rights of all parties are protected. The Arc is committed to seeking lawful outcomes for people with ID and will continue working to ensure that the U.S. Supreme Court rulings on this issue are abided by in jurisdictions across the country. I humbly ask that you consider commutation to address the possibility of an unconstitutional miscarriage of justice in the case of Ledell Lee.

Most respectfully,

Peter V. Berns
Chief Executive Officer
The Arc of the United States

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The Arc Commends Department of Justice’s Report on Investigation of the Baltimore City Police Department

/in , /by The Arc

Washington, DC – Last week, the Department of Justice’s (DOJ) Civil Rights Division released a report following an investigation into the past conduct of the Baltimore City Police Department (BPD). DOJ concluded that there is “reasonable cause to believe that BPD engaged in a pattern or practice of conduct that violates the Constitution or federal law” by engaging in unconstitutional stops, searches, and arrests; using enforcement strategies that produce severe and unjustified disparities in the rates of stops, searches, and arrests of African-Americans; using excessive force; and retaliating against people engaging in constitutionally-protected expression. Among these troubling findings, The Arc noted that the treatment of individuals with disabilities by law enforcement was included in the report, which featured a full section on the use of unreasonable force against individuals with disabilities highlighting that “BPD officers repeatedly fail to make reasonable modifications necessary to avoid discrimination in violation of Title II of the Americans with Disabilities Act of 1990 (ADA).”

Among other things, the investigation recommended that BPD offer crisis intervention training, previously offered to only new recruits, to veteran officers as well. DOJ noted that such training helps officers “identify whether an individual is in crisis or engaging in behavior related to a disability, to interact effectively with people with disabilities, to de-escalate a crisis, and to connect the individual with local resources to provide treatment or support.”

“Far too often, people with intellectual and developmental disabilities are in situations with law enforcement that unnecessarily escalate because officers aren’t trained in crisis prevention or how to recognize and accommodate various disabilities. This is not only happening in Maryland, it is a serious problem nationwide. We have got to flip the script when it comes to law enforcement training so that police departments understand that recognizing and appropriately accommodating disability in the line of duty is not optional, but is a fundamental aspect of their compliance with civil rights laws, such as the ADA. The recommendations in this report should be adopted across the country, so that we can break the cycle of discrimination that many minorities, including people with disabilities, face, and make our communities safer and more just for all,” said Leigh Ann Davis, Director, Criminal Justice Initiatives, The Arc.

The report found that BPD officers “have escalated interactions that did not initially involve criminal behavior, resulting in the arrest of, or use of force against, individuals in crisis, or with mental health disabilities or IDD, or unnecessary hospitalization of the person with mental health disabilities or IDD.” These unnecessary hospitalizations often violate the “integration mandate” of the ADA and the landmark Olmstead decision, which require public entities to administer services, programs, and activities for people with disabilities in the most integrated setting appropriate and prohibits unjustified institutionalization of people with disabilities.

“The findings in the report are disturbing. It is particularly painful reading this report on the heels of the 26th Anniversary of the ADA. The Arc Maryland stands ready to assist with necessary training to police officers to appropriately respond to people with IDD. We urge BPD to implement specialized training and de-escalation techniques as tactics to reform the system and better serve people with disabilities, African Americans, and any other member of the community that interacts with the criminal justice system,” said Poetri Deal, Director of Public Policy & Advocacy, The Arc Maryland.

Steve Morgan, Executive Director, The Arc Baltimore, said: “The BPD is already working with us to extend the crisis intervention training, previously offered to select officers only, to the entire force. We are working together to address the recommendations, expand their knowledge, and improve community relations.”

The Arc runs the National Center for Criminal Justice and Disability (NCCJD), the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (or IDD) under one roof.

NCCJD is a national clearinghouse for information and training on the topic of people with IDD as victims, witnesses and suspects or offenders of crime. The Center provides training and technical assistance, an online resource library, white papers, and more. The Center created Pathways to Justice,® a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. Pathways to Justice utilizes a multi-disciplinary response that provides a foundation for a collaborative approach among community partners.

Read more about The Arc’s take on criminal justice reform and people with IDD in our recent blog in the Huffington Post.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of more than 650 chapters across the country, including 11 in Maryland, promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc’s Statement on Overturning of Brendan Dassey’s Murder Conviction 

/in , /by The Arc

Washington, DC – The Arc, the nation’s largest civil rights organization for people with intellectual and developmental disabilities (IDD) and their families, released the following statement on the news that a judge has overturned the murder conviction of Brendan Dassey:

“This must be a bittersweet ruling for Brendan Dassey and his family. Brendan’s experience has been unique, thanks to Making a Murderer. The documentary revealed to the masses just how easy it is to force a confession from people with intellectual and developmental disabilities.

“My hope is that those following this case will come to realize that our jails and prisons are full of Brendan Dasseys, that false confessions are much more common among those with intellectual and developmental disabilities, and that there is something we can do about it to prevent future injustice.

“Police officers, investigators, attorneys, correctional officers, and others are not adequately trained to identify people who may have an intellectual disability or how to accommodate their needs, and this is especially critical during interrogations. We still have a long way to go to bend the arc of justice when it comes to fair and just treatment of people with disabilities in the criminal justice system. The Arc is committed to revealing the many forms injustice takes in their lives, and working with those in the system to fix it,” said Leigh Ann Davis, Director, Criminal Justice Initiatives.

While people with intellectual and developmental disabilities comprise 2% to 3% of the general population, they represent 4% to 10% of the prison population. Those accused of crimes they did not commit often face the greatest injustice of all, some losing their lives when coerced into giving false confessions. Long before Brendan Dassey’s case hit mainstream media, Robert Perske, respected author, advocate and long-time supporter of The Arc, compiled a list of people with intellectual disability who gave false confessions to begin documenting these otherwise hidden-away cases.

The Arc runs the National Center for Criminal Justice and Disability (NCCJD), the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (or IDD) under one roof.

NCCJD is a national clearinghouse for information and training on the topic of people with IDD as victims, witnesses and suspects or offenders of crime. The Center provides training and technical assistance, an online resource library, white papers, and more. The Center created Pathways to Justice,® a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. NCCJD is building the capacity of the criminal justice system to respond to gaps in existing services for people with disabilities, focusing on people with IDD who remain a hidden population within the criminal justice system with little or no access to advocacy supports or services.

Read more about The Arc’s take on criminal justice reform and people with IDD in our recent blog in the Huffington Post.

The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of more than 650 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

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The Arc’s Statement on the Shooting of Unarmed Caregiver in Florida

/in , /by The Arc

Washington, DC – The Arc, the nation’s largest civil rights organization for people with intellectual and developmental disabilities (IDD) and their families, released the following statement on the news that Charles Kinsey, a caregiver (commonly known as direct support professional) for people with disabilities, was shot while supporting a young man with autism:

“Earlier this week Charles Kinsey, a direct support professional for individuals with developmental disabilities, was shot in a situation that needlessly escalated. Individuals like Charles play an invaluable role in the lives of those they support. It isn’t uncommon for their clients to see them as extended family and often direct support professionals put the wellbeing of those they are supporting ahead of their own, as was the case in this situation.

“While all the details of this incident have not been released, this case highlights a growing issue in our nation – the lack of training for law enforcement on how to safely and effectively interact with people with intellectual and developmental disabilities. From Ethan Saylor to Neli Latson and now Charles Kinsey, we continue to see how lack of training on supporting individuals with disabilities can pose a threat to the safety of our extended community. The fact of the matter is this incident was preventable. Collaboration between law enforcement and the disability community is the key to preventing future cases like this. We welcome the opportunity to work with law enforcement to help improve our criminal justice system and prevent future tragedy and injustice,” said Peter Berns, CEO of The Arc.

“While staff are sometimes injured performing their job duties, we do not see them injured by law enforcement who so often answer our calls for assistance in our work. While we do not yet know all of the facts, it appears that Mr. Kinsey, like so many staff working with persons with disabilities would do, tried to protect the person he was charged with caring for. We hope for a full and speedy recovery for Mr. Kinsey,” said Deborah Linton, CEO, The Arc of Florida

The Arc’s National Center for Criminal Justice and Disability® was established in 2013 to address situations like this, and the critical need for effective, evidence-based training for law enforcement and others in the criminal justice system. Funded by the Bureau of Justice Assistance, The Center created Pathways to Justice,™ a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. This innovative training emphasizes a shift in thinking away from “crisis intervention” alone, to “crisis prevention” which promotes a problem-solving attitude among officers and helps them to define what is truly a crisis, and what is not. Piloted in five states to date, the training is being rolled out in six additional states in 2017.