Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the Americans with Disabilities Act The legal requirements this guidance discusses are restatements of existing requirements from Title II of the Americans with Disabilities Act, 42 USC 12131-12134, and its implementing regulations at 28 CFR pt. 35. If you have questions about these requirements, please contact the Civil Rights Divisions ADA Information Line. Title II of the Americans with Disabilities Act (ADA) protects individuals with mental health disabilities and intellectual and developmental disabilities (I/DD) from discrimination within the criminal justice system. Pursuant to 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 or I/DD are treated equally in the criminal justice system and afford them equal opportunity 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 ADA also requires State and local governments to avoid discriminating against people with mental health disabilities or I/DD in administering services, and to serve people with these disabilities in the most integrated setting appropriate to their needs. Effective implementation of these requirements will help people with these disabilities receive the community-based services they need. Furthermore, increased collaboration and improved resource allocation between criminal justice agencies and disability service systems can also help reduce the social, vocational, economic, and educational disparities people with disabilities experience. This document highlights opportunities to increase ADA compliance and positive community outcomes through improved policies, effective training, use of data, resource allocation, and collaboration between criminal justice entities and disability service systems. The Department of Justice hopes this technical assistance will promote the safety and welfare of both individuals with disabilities and criminal justice personnel.

I. General ADA Requirements

Title II of the ADA provides that no qualified individual with a disability shall, because of that disability, be excluded from participation in, denied the benefits of, or subjected to discrimination in the services, programs, and activities of all state or local government entities, including law enforcement, corrections, and justice system entities. Such services, programs, and activities include:

• Interviewing and questioning witnesses, victims, or parties, negotiating pleas, assessing individuals for diversion programs, conducting arraignment, setting bail or conditions of release, taking testimony, sentencing, providing notices of rights, determining whether to revoke probation or parole, or making service referrals, whether by prosecutors and public defense attorneys, courts, juvenile justice systems, pre-trial services, or probation and parole services;
• Jail and prison intake and classification evaluations, medical and mental health services, recreational activities, educational and vocational programs, rehabilitative programs, grievance procedures, incentive programs, disciplinary and classification proceedings, housing placements, parole and release programs, and re-entry planning; and
• Law enforcement street interactions, taking and responding to complaints or calls for assistance, vehicle stops and searches, arrests, detentions, interviews, interrogations, and emergency responses.

Title IIrsquo;s general prohibitions against discrimination are subject to limitations. When an individual poses a “direct threat” to the health or safety of others, i.e., a significant health or safety risk that cannot be mitigated or eliminated by a reasonable modification of policies, practices or procedures, Title II does not require a public entity to permit that individual to participate in, or benefit from, services, programs, or activities. The Department highlights below some key Title II obligations for state and local government entities. Every agency and justice system is unique, and state and local leaders are the ones who determine the most effective implementation strategies for their agencies. Therefore, to support state and local law enforcement, corrections, and justice systems leaders in complying with these ADA requirements, each ADA obligation is followed by compliance examples. These examples reflect many of the experiences of state and local leaders around the country who have implemented these strategies to comply with the ADA. Under Title II, state and local government entities must, among other obligations:

• Ensure that people with mental health disabilities or I/DD have an equal opportunity to participate in and benefit from the entitiesrsquo; programs, services, and activities.
  • Examples of how local law enforcement, corrections, and justice system leaders have facilitated compliance with this obligation:
    • Trained law enforcement officers not to arrest or use force on people with mental health disabilities or I/DD for offenses for which they typically do not arrest or use force on people without disabilities.
    • Developed non-discriminatory eligibility criteria for diversion programs such as community services, specialty courts, or probation programs.
    • Developed non-di

      剩余内容已隐藏，支付完成后下载完整资料

      ---

      资料编号：[240400]，资料为PDF文档或Word文档，PDF文档可免费转换为Word

您可能感兴趣的文章

• 家庭债务积累与美国大衰退：比较视角外文翻译资料
• 虚拟财产:管理域名等无形、排他性财产权益的挑战外文翻译资料
• 实际与虚拟具体履行，效率违约理论，无差异原则——效率违约理论外文翻译资料
• 国际商业代孕的挑战: 从家长主义走向现实主义？外文翻译资料
• 比较法视角下的公益诉讼外文翻译资料
• 视频游戏流媒体社区版权侵权规范行为的简单解决方案外文翻译资料
• 房屋买卖担保合同的法律性质研究外文翻译资料
• 个人数据保护的国际经验外文翻译资料
• 关于我国《个人信息保护法》的法理思考外文翻译资料
• 关于我国《个人信息保护法》的法理思考外文翻译资料