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The Arc Reacts to Startling New Bureau of Justice Statistics on Crimes Against People With Cognitive and Other Disabilities

/in , /by The Arc

This week, The Bureau of Justice Statistics (BJS) released a report on Crime Against Persons with Disabilities, 2009–2012 – Statistical Tables. Disabilities are classified according to six limitations: hearing, vision, cognitive, ambulatory, self-care, and independent living. Among persons with disabilities, those with cognitive disabilities experienced the highest rate of violent victimization (63 per 1,000). Violent crime against persons with disabilities was nearly three times higher than the rate for persons without disabilities. The rate of serious violent crime—rape or other sexual assault, robbery and aggravated assault—against persons with disabilities was nearly four times higher than that for persons without disabilities in 2012.

The Arc, which is running the new National Center on Criminal Justice and Disability with a grant from the U.S. Department of Justice, Bureau of Justice Assistance, released the following statement on the data:

“This startling data illustrates what we are hearing from self-advocates, parents, caregivers, and others within our chapter network and the disability community – people with intellectual and developmental disabilities are at particular risk of being victims of crimes of all kinds. It’s a serious problem that we must no longer ignore or treat as a peripheral issue. In order to effectively address this silent epidemic of unaddressed abuse and victimization among people with disabilities in the U.S., we must have support from all levels of the community – disability advocates, law enforcement, victim advocates, legal professionals, elected leaders, community advocates, and people with disabilities themselves who know all too well the trauma of victimization and the devastation of receiving little or no support.

“The Arc’s new Center on Criminal Justice and Disability aims to be a comprehensive resource to help turn these statistics around so that people with disabilities can lead safer lives in their community and access support and begin to heal when victimization occurs,” said Peter Berns, CEO of The Arc.

The Arc’s new National Center on Criminal Justice and Disability is the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (IDD) under one roof.

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The Arc Reacts to Maryland Commission’s Report on Community Inclusion in the Wake of the Robert Ethan Saylor Tragedy

/in , /by The Arc

Recently, the state of Maryland’s Commission for Effective Community Inclusion of Individuals with Intellectual and Developmental Disabilities (IDD) released their initial report. Created in September by Governor Martin O’Malley, the Commission is charged with bringing to life accurate, effective and comprehensive attitudes, policies, and supports that will guide first responders in their work with people with IDD. Representing The Arc on the Commission is Joanna Pierson, Executive Director of The Arc of Frederick County.

The Commission conducted a national review of materials and approaches in the area of IDD, examined the status of training in Maryland, looked at how community inclusion efforts over the years have impacted people with IDD, and determined next steps in their process. Now the Commission is hosting listening sessions across the state that The Arc will participate in.

“The Commission has started an incredibly important dialogue in Maryland about how to bring more awareness to communities across the state about people with intellectual and developmental disabilities. Too often, we hear of instances where law enforcement is approaching a situation involving a person with an intellectual or developmental disability from a crisis perspective. We need to change this approach so that our first responders are first made aware of how to engage people with disabilities so that things don’t escalate into a crisis as they did with Robert Ethan Saylor. The Arc Maryland is ready to provide this training support with a program that involves people with disabilities, as suggested by the Commission. We think it is vitally important that any training and awareness brought about by this Commission’s work should be inclusive of all types of intellectual and developmental disabilities so that we can make our state safer and more inclusive for all,” said Kate Fialkowski, Executive Director, The Arc Maryland.

In October, The Arc Maryland conducted an introductory training entitled “Law Enforcement Response to Developmental Disabilities” at the Governor’s Fall Criminal Justice Conference. In an “Ask Me” format, individuals with developmental disabilities led this training.

At the national level, in October The Arc was awarded a two-year grant for $400,000 by the U.S. Department of Justice, Bureau of Justice Assistance (BJA) to develop the National Center on Criminal Justice and Disability. This is the first national effort of its kind to bring together both victim and suspect/offender issues involving people with IDD under one roof. The goal of this project is to create a national clearinghouse for research, information, evaluation, training and technical assistance for justice and disability professionals and other advocates that will build their capacity to better identify and meet the needs of people with IDD, whose disability often goes unrecognized, and who are overrepresented in the nation’s criminal justice system – both as victims and suspects/offenders.

“Just a few months into this project, and we are already seeing just how great the need is nationally for resources, information, training, and support around this issue. It shouldn’t take another tragedy like the death of Robert Ethan Saylor to bring the kind of focused attention this issue deserves, and we look forward to working with the Commission to make Maryland’s communities safer for everyone,” said Peter Berns, CEO of The Arc.

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The Arc Calls on Department of Justice to End Tactics and Thoroughly Investigate Allegations That People With Disabilities Were Exploited in Sting Operations

/in , /by The Arc

After reading news reports of the Bureau of Alcohol, Tobacco, and Firearms (ATF) agents engaging in entrapment and exploitation designed to prey on the intellectual disability of individuals whom ATF agents sought to engage in their stings, some of whom have been prosecuted for their participation, The Arc is calling on the U.S. Department of Justice to take action.

In a letter sent to U.S. Attorney General Eric Holder yesterday, The Arc outlined the following action items to take in the wake of the scandal:

  • Establish an immediate investigation into the ATF practices which led to the news reports;
  • Ensure an immediate halt to all practices which exploit people based on their intellectual and/or developmental disability (IDD);
  • Require ATF to suspend any ongoing investigations that are targeting people known to have IDD;
  • Develop and implement a training program for ATF agents nationwide that provides specific information on how to identify persons with IDD, and establish protocols to ensure they are no longer targeted or sought out as informants due to having a disability;
  • Encourage the Inspector General to escalate the investigation to cover ATF more broadly and bring the investigation to conclusion sooner rather than later; and
  • Petition the courts for equitable redress where people with intellectual disabilities are serving time for crimes initiated or furthered by the actions of ATF agents.

“Without a firm repudiation of the reported behaviors by ATF agents, the public and the disability community, in particular, will lose faith in a department which it trusts to protect its rights, not to entice vulnerable people into legal trouble. The Arc is committed to working closely with the appropriate federal agencies to inform protocol and training development for ATF agents, and be of assistance on this important matter as needed,” said Peter Berns, CEO of The Arc.

The Arc has worked extensively over the years with many staff and officials in the U.S. Department of Justice (DOJ) to ensure that the rights of people with IDD are protected throughout mainstream community life and within the criminal justice system. We have seen remarkable progress in implementation of the Americans with Disabilities Act and the U.S. Supreme Court’s Olmstead decision, particularly in recent years. DOJ has continued its commitment to these issues, most recently awarding The Arc a grant to create a National Center on Criminal Justice and Disability to bridge the gap between the disability and law enforcement communities, creating access to justice and safer lives for people with IDD.

Below is the entire letter to Attorney General Holder.

The Honorable Eric Holder

Attorney General of the United States

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

 

December 12, 2013

Dear Mr. Attorney General:

The Arc of the United States has worked extensively over the years with many staff and officials in the U.S. Department of Justice to ensure that the rights of people with intellectual and developmental disabilities (IDD) are protected throughout mainstream community life and within the criminal justice system. We have known very competent, inspiring, and visionary DOJ employees working over many decades to ensure full participation for people who face significant barriers in everyday life. We have seen remarkable progress in implementation of the Americans with Disabilities Act and the U.S. Supreme Court’s Olmstead decision, particularly in recent years. We are now looking forward as we begin an exciting new chapter with DOJ start-up funding of a new National Center on Criminal Justice and Disability.

With DOJ’s commitment to the protection of rights of people with disabilities, we were appalled to read news reports of the Bureau of Alcohol, Tobacco, and Firearms (ATF) agents engaging in entrapment and exploitation designed to prey on the intellectual disability of individuals whom ATF agents sought to engage in their stings, some of whom have been prosecuted for their participation. The targeting and use of people in this way, exploiting their disabilities, flies in the face of the excellent work of the Civil Rights division in pursuing full implementation of the Americans with Disabilities Act and the Olmstead decision. This reported behavior, if true, by a federal department charged with protecting the rights of people with disabilities must not be allowed to continue.

While this information is appalling, unfortunately, it is not surprising to The Arc. This type of injustice against people with IDD occurs more often than the general public realizes. Individuals with IDD are over represented in the criminal justice system and often used by other criminals without IDD to carry out criminal activity. They typically have limited, if any, understanding about their involvement in a crime or consequences of being involved in a crime. With few options for or opportunities to build safe relationships, their strong need to be accepted by peers in their own communities can create a unique vulnerability that people without IDD do not experience.

If the media stories about the ATF are based in truth at all, we believe that the harm done to individuals by agencies of their government is so egregious that the following actions are needed immediately:

  • Establish an immediate investigation into the ATF practices which led to the news reports;
  • Ensure an immediate halt to all practices which exploit people based on their intellectual and/or developmental disability;
  • Require ATF to suspend any ongoing investigations that are targeting people known to have IDD;
  • Develop and implement a training program for ATF agents nationwide that provides specific information on how to identify persons with IDD, and establish protocols to ensure they are no longer targeted or sought out as informants due to having a disability;
  • Encourage the Inspector General to escalate the investigation to cover ATF more broadly and bring the investigation to conclusion sooner rather than later; and
  • Petition the courts for equitable redress where people with intellectual disabilities are serving time for crimes initiated or furthered by the actions of ATF agents.

Without a firm repudiation of the reported behaviors by ATF agents, the public and the disability community, in particular, will lose faith in a department which it trusts to protect its rights, not to entice vulnerable people into legal trouble. The Arc is committed to working closely with the appropriate federal agencies to inform protocol and training development for ATF agents, and be of assistance on this important matter as needed. The goal of The Arc’s National Center on Criminal Justice and Disability is to bridge the gap between the disability and law enforcement communities, creating access to justice and safer lives for people with IDD. We stand ready to assist you in addressing these issues.

Sincerely,

Peter V. Berns
Chief Executive Officer, The Arc

cc: Cecilia Munoz, Assistant to the President and Director of the Domestic Policy Council