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Welcome to the U.S.C. UCEDD Webinar Series for Individuals with Disabilities & Parents funded by grant #90DD0695 from the Administration on Intellectual and Developmental Disabilities (A.I.D.D.) Administration on Community Living October 27, 2016
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Webinar: Navigating the Criminal Justice System for People with I/DD

Feb 08, 2017

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Page 1: Webinar: Navigating the Criminal Justice System for People with I/DD

Welcome to the U.S.C. UCEDD Webinar Series

for Individuals with Disabilities & Parents

funded by grant #90DD0695 from

the Administration on Intellectual and Developmental Disabilities (A.I.D.D.)

Administration on Community Living

October 27, 2016

Page 2: Webinar: Navigating the Criminal Justice System for People with I/DD

Your Moderator

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Susan Kanegawa

U.S.C. UCEDD Family Support Coordinator

[email protected]

www.uscucedd.org

The USC University Center of Excellence in Developmental Disabilities at Children’s Hospital

Los Angeles (U.S.C. UCEDD) is one of 68 UCEDDs funded to promote systemic change,

advocacy, and capacity building in states on behalf of individuals with, or at risk for,

developmental, behavioral and/or special health care needs, and their families.

The U.S.C. UCEDD Webinar series is designed to educate the community about current policy

issues which impact the lives of people we serve and their families. Our primary audience is

individuals with special needs and their families. At this time, our webinars are in English only.

We are exploring methods to make this series available in other languages in the future.

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Page 3: Webinar: Navigating the Criminal Justice System for People with I/DD

Structure and Logistics

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Take notes Type your questions

Download

slides

Watch and

Share

Take

Survey

During the Webinar

After the Webinar

Give your opinion

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Page 4: Webinar: Navigating the Criminal Justice System for People with I/DD

Poll: Can you hear Susan and Peggie?

•4

Let us know in the chat box if we need

to speak louder.

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Page 5: Webinar: Navigating the Criminal Justice System for People with I/DD

Navigating the

Criminal Justice SystemFor People with Intellectual & Developmental Disabilities

Peggie Webb, M.A.

Manager, Forensic and Behavioral Health Services at San Diego Regional Center

October 27, 2016

The views and opinions expressed in this presentation are the speaker’s own and do not necessarily reflect

the views and opinions of the U.S.C. UCEDD or C.H.L.A.

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Page 6: Webinar: Navigating the Criminal Justice System for People with I/DD

About Peggie Webb, M.A.

Peggie Webb is the Manager of Forensic and

Behavioral Health Services at San Diego

Regional Center. She has 35 years’ experience

in social work with persons who have

developmental disabilities, including those with

co-occurring psychiatric and substance use

disorders. She is a board member of NADD

(National Association for the Dually Diagnosed).

The San Diego Regional Center (S.D.R.C.) is a service of San Diego-Imperial Counties

Developmental Services Inc. S.D.R.C. is a focal point in the community for information and

services for persons with developmental disabilities living in San Diego and Imperial

Counties, California.

S.D.R.C. is a private, non-profit 501 c(3) organization that contracts with the state of California to provide the services

outlined in the Lanterman Developmental Disabilities Services Act. It is one of 21 regional centers in California.

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Page 7: Webinar: Navigating the Criminal Justice System for People with I/DD

How people

with D.D.

are at risk

Interacting

with police

What to do if

detained,

arrested or

charged

What to

expect from

justice

system

Overview of the Webinar

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I will discuss:

• Some vulnerability factors for people with developmental disabilities that

may increase risk of encounters with the criminal justice system.

• Effective strategies for persons with I/D.D. when interacting with police

• What to do if detained and/or arrested

• What to do if arrested and charged with a crime

• Considerations for navigating the justice system

• Resources

Page 8: Webinar: Navigating the Criminal Justice System for People with I/DD

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How people

with D.D.

are at risk

Interacting

with police

What to do if

detained,

arrested or

charged

What to

expect from

justice

system

How people with developmental

disabilities are at risk of encounters

with the criminal justice system

Page 9: Webinar: Navigating the Criminal Justice System for People with I/DD

The Issue*

1. Most individuals with intellectual/developmental disabilities

are law-abiding citizens.

2. While intellectual disabilities occur in 3% of population,

estimates tell us 4.9% of the criminal-offending population

have a developmental disability.

This means 3 times as many people with D.D. find

themselves involved in the criminal justice system

than people without D.D.

*Njbic-2010-developmentally-disabled-offenders-program

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Page 10: Webinar: Navigating the Criminal Justice System for People with I/DD

Risk Factors

• Expressive Communication for persons with I/D.D. may be

unique, making interactions with others/strangers more

complex and often, more time-consuming

• Receptive Communication may be atypical, requiring different

ways for the other party to frame their own questions or

responses.

• The uninformed listener (i.e. law enforcement) may not

realize that either of the above may dramatically affect the

conversation/outcome.

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Page 11: Webinar: Navigating the Criminal Justice System for People with I/DD

Other Risk Factors

• Emotional Dysregulation:

If the person has a co-occurring psychiatric or substance-use

disorder (or both), they may have trouble keeping their

emotions in check, or may have poor impulse control.

• Impairments in executive functioning

• Stress Vulnerability Model

• National Core Indicators Data

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Page 12: Webinar: Navigating the Criminal Justice System for People with I/DD

Other Risk Factors:

Socio-Economic Status

Individuals with intellectual/developmental disabilities are often

on a fixed income (S.S.I.) or receiving lower-paying wages.

• May affect where they live

• May have increased exposure to violence

• May have increased interactions with law enforcement

http://www.apa.org/pi/ses/resources/publications/factsheet-violence.pdf

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Page 13: Webinar: Navigating the Criminal Justice System for People with I/DD

13

How people

with D.D.

are at risk

Interacting

with police

What to do if

detained,

arrested or

charged

What to

expect from

justice

system

What to do and what not do when

interacting with police

Page 14: Webinar: Navigating the Criminal Justice System for People with I/DD

Police

• Police have a mission: “Protect and Serve”

• They are often called into unknown circumstances requiring

QUICK assessment and possible INTERVENTION for safety

• How you can help the police and help yourself

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Page 15: Webinar: Navigating the Criminal Justice System for People with I/DD

Some Examples of When to Call 911

• I am feeling I may harm myself or someone else.

• I am feeling that someone near me may harm me or

someone else.

• I am feeling that I need emergency medical care due to my

mental health.

• I am feeling that I need emergency medical care due to a

physical injury or physical pain I do not understand.

• I am feeling unsafe.

– Strange behavior nearby

– Violent behavior nearby

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Page 16: Webinar: Navigating the Criminal Justice System for People with I/DD

Calling 911 or Emergency Dispatch

• Be calm

• Be patient

• If calling from a cell phone, try to have the address of where

you are calling from

• Identify yourself

• Ask the dispatcher for any

special instructions

• Tell them why are you calling

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Page 17: Webinar: Navigating the Criminal Justice System for People with I/DD

What to Do

When Police Arrive on a Scene

• Remain calm

• Be patient

• Identify yourself

• If possible, identify a

known and trusted person to help you communicate

• Let the officers know what kind of help you need, if you

are the one who called them

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Page 18: Webinar: Navigating the Criminal Justice System for People with I/DD

• Be prepared to answer questions—

sometimes the same questions, many

times, to different people

• Have hands free and visible

– No hands in pockets

– Don’t cross your arms

– No sudden movements

• If you have any weapons, tell the officer

immediately (knife, gun, sharp or heavy

objects )

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What to Do

When Police Arrive on a Scene

Page 19: Webinar: Navigating the Criminal Justice System for People with I/DD

What NOT to Do

• Do not argue with the police

• Do not raise your voice – remain calm

• Do not run away

• Do not disobey an officer

• Do not lie to protect someone else – tell the truth

• Do not tell the officer what you think s/he wants to hear

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Page 20: Webinar: Navigating the Criminal Justice System for People with I/DD

Consider Carrying I.D.

• Carry a wallet-sized card with you that contains important

information about you.

o NAME

o ADDRESS

o EMERGENCY CONTACT NAME

AND NUMBER(S)

o SPECIAL CONSIDERATIONS

(i.e. medications)

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Page 21: Webinar: Navigating the Criminal Justice System for People with I/DD

21

How people

with D.D.

are at risk

Interacting

with police

What to do if

detained,

arrested or

charged

What to

expect from

justice

system

What to do if arrested and

charged with a crime

Page 22: Webinar: Navigating the Criminal Justice System for People with I/DD

What to Do If ‘Detained’

• Detention is NOT ARREST

• Police may detain (stop) you and may even handcuff you for

protection (yours and theirs) – this is NOT arrest―remain

calm

• Police may ‘pat you down‘ for safety

• Remain calm

• IDENTIFY YOURSELF

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Page 23: Webinar: Navigating the Criminal Justice System for People with I/DD

What to Do If ‘Arrested ‘

• Arrest occurs if the officer thinks

there is a high probability that

you have been somehow

involved in a crime

• Remain calm

• IDENTIFY YOURSELF

• If arrested, you will be given

your Miranda Rights

• Ask for help

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Page 24: Webinar: Navigating the Criminal Justice System for People with I/DD

What Happens Next

• If arrested and charged: You will be ‘booked’

• Booking means entering your personal information into a system so that you can be identified by the corrections officers.

• You must now wait for ‘Arraignment’ – this may happen that day, or you may need to wait overnight or over the weekend.

• Identify your needs

– Your disability

– Separated from others?

– Medication?

– Name of a known and trusted caregiver to help

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Page 25: Webinar: Navigating the Criminal Justice System for People with I/DD

Information for Family & Caregivers

• You can tell if someone is in jail by using the internet and searching

for “who is in jail” and your county. See the Resources slide at the

end for a link to a site for Los Angeles County.

• You will be asked to enter the first and last name.

• If your loved one is in jail, the information will appear, including:

• Date arrested � Location of the jail � Bail?

• Charges � Court date

• If the individual receives services from a regional center, there may

be a social worker on staff to provide support and information. Call

the RC’s general number or the service coordinator to inquire.

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Page 26: Webinar: Navigating the Criminal Justice System for People with I/DD

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How people

with D.D.

are at risk

Interacting

with police

What to do if

detained,

arrested or

charged

What to

expect from

justice

system

What steps to expect from the

justice system

Page 27: Webinar: Navigating the Criminal Justice System for People with I/DD

Court

• At or just before arraignment, you will be assigned a

public defender (a lawyer who is on your side to help you),

at no cost to you.

• Arraignment occurs before a judge in a courtroom with your

lawyer there to help you. This is where you will say whether

you are guilty or innocent of the

charges against you.

• Let your lawyer help you!

• The judge will then make a

decision about your case and

what you need to do next.

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Page 28: Webinar: Navigating the Criminal Justice System for People with I/DD

If You Are a Juvenile

• If you are under the age of 18, you are technically considered

a juvenile by the criminal justice system.

• In most states, if you are arrested, a juvenile will be housed in

Juvenile Hall, not jail.

• Juvenile courts make a special effort to include the family and

provide support and referral to social services to assist the

individual in remaining a law-abiding citizen.

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Page 29: Webinar: Navigating the Criminal Justice System for People with I/DD

Remember

• STAY CALM

• Be patient

• Identify yourself and any special needs

• Inform the police, jail, lawyer, or court of a known and trusted

family member, caregiver or social worker who can help them

help you.

• Your lawyer can help you – tell him/her the truth

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Page 30: Webinar: Navigating the Criminal Justice System for People with I/DD

Be Proactive

• Moving to a new neighborhood? – meet the local police

• Working in a new location? – meet the police

• Going on vacation? – where is the nearest police station?

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Page 31: Webinar: Navigating the Criminal Justice System for People with I/DD

Information for

Law Enforcement, Lawyers & Court

• What is a Developmental Disability?

• Who provides support for persons with Developmental

Disability in your area?

• What is their phone number?

• Make several copies of the Communication Tips on the

following slides

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Page 32: Webinar: Navigating the Criminal Justice System for People with I/DD

Communication Tips for

Law Enforcement, Lawyers & Court

• Be Patient – a person with an I/D.D. may or may not

understand all you are saying. You might need to say it a few

times, different ways.

• Use Simple Words – Pause–don’t overload the person with

questions, complex sentences

• Use Gestures if needed to make the message more concrete.

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Page 33: Webinar: Navigating the Criminal Justice System for People with I/DD

• Seek Help – Ask if the person has a family member or trusted

individual who can help communication in the situation.

• Beware of ’Yes’ing the Interviewer’ – watch for

understanding. Is the person giving you the answer they think

you want to hear?

• Use Visuals if necessary – a simple drawing may help make a

question or message clearer.

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More Communication Tips for

Law Enforcement, Lawyers & Court

Page 34: Webinar: Navigating the Criminal Justice System for People with I/DD

FREEDOM AND RESPONSIBILITY

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Page 35: Webinar: Navigating the Criminal Justice System for People with I/DD

Resources

• The ARC – National Center on Criminal Justice http://www.thearc.org/NCCJD

• Violence and Socioeconomic Status

http://www.apa.org/pi/ses/resources/publications/factsheet-violence.pdf

• Difference between detention and arrest

http://criminal-law.freeadvice.com/criminal-

law/arrests_and_searches/arrest-detention.htm

• Los Angeles County Sheriff’s Dept. Inmate Information Center (to see if a loved one is in jail) https://app4.lasd.org/iic/iverifysearch.cfm

• Youth with Intellectual and Developmental Disabilities: Education and the Juvenile Justice System CJJ Webinar Almazan and Smith Howard PPT.pdf

• Victims of Crime Resource Center UOP Victims of Crime Resource Center.pdf

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Page 36: Webinar: Navigating the Criminal Justice System for People with I/DD

Poll: Do you now have a better understanding of law

enforcement and the criminal justice system, as it

relates to people with disabilities?

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Page 37: Webinar: Navigating the Criminal Justice System for People with I/DD

Ask Us a Question

Please type your questions

(Top-left corner of your MeetingBurner screen)

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Page 38: Webinar: Navigating the Criminal Justice System for People with I/DD

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