Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the ADA

Diversion and Coordination with Mental Health Providers:  A settlement agreement in Portland led to the creation of a crisis center available to first responders seeking to divert individuals with disabilities from the criminal justice system into the community mental health system.  Portland and New Orleans have implemented policies to transport these individuals to treatment by ambulance or civilian services in lieu of police vehicles.  Similarly, police departments across Delaware can now refer people in mental health crisis to community-based Crisis Intervention Services.  Delaware created these alternatives to meet their responsibility under the ADA under a settlement agreement with the Department.

In a settlement agreement with Hinds County, Mississippi regarding its jail, the Department and County agreed to “work toward the goal of population reduction in a manner that preserves public safety, prioritizes diversion for unnecessary criminal justice involvement, and reduces recidivism,” particularly for individuals with mental health disabilities.  Hinds County agreed to establish a criminal justice coordinating committee to enhance coordination between criminal justice and mental health agencies to prevent unnecessary arrest and detention and connect individuals with disabilities to mental health services.  Agreements in both Delaware and New Hampshire target community-based mental health services at individuals with mental illness who have histories of involvement in the criminal justice system to prevent recidivism.

A settlement in Tennessee led to statewide training of law enforcement officers on interacting with people with I/DD.