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

  • Make reasonable modifications in policies, practices, or procedures when necessary to avoid disability discrimination in all interactions with people with mental health disabilities or I/DD, unless the modifications would fundamentally alter the nature of the service, program, or activity. The reasonable modification obligation applies when an agency employee knows or reasonably should know that the person has a disability and needs a modification, even where the individual has not requested a modification, such as during a crisis, when a disability may interfere with a person’s ability to articulate a request. Exigencies and safety considerations play a significant role in determining whether a modification is reasonable. Officers need not make modifications that would interfere with their ability to respond to a safety threat, as such modifications would not be reasonable.

    • Examples of how local law enforcement, corrections, and justice system leaders have facilitated compliance with this obligation:

      • Trained law enforcement officers that, when responding to a person in mental health crisis who does not pose a significant safety threat, they should consider providing time and space to calm the situation. Trained officers that, if available and appropriate, they should dispatch a crisis intervention team or officers trained in de-escalation techniques to the scene, or involve mental health professionals.

      • Required court staff to explore reasonable modifications to allow qualified individuals with these disabilities to participate in diversion and probation programs and specialty courts.

      • Implemented policies that, in situations where a prisoner with these disabilities exhibits negative or disruptive behavior that does not pose a significant safety threat, encourage staff to seek assistance from prison-based crisis intervention teams and mental health professionals, involve officers trained in the use of de-escalation techniques, or forego discipline and provide treatment where it is apparent that a prisoner’s behavior was related to a disability.

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