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

A. Training

Criminal justice personnel are likely to encounter people with mental health disabilities or I/DD who are part of the communities they serve and protect. Several factors may indicate that a person has a mental health disability or I/DD, including self-report, information provided to dispatch or to the officer or employee, the employee’s prior knowledge of the person, or the employee’s direct observation. Without proper training, criminal justice personnel may misinterpret the conduct of individuals with mental health disabilities or I/DD as intentional disrespect or disobedience, which may escalate encounters and lead to unnecessary criminal justice involvement. Appropriate training can prepare personnel to execute their ADA responsibilities in a manner that keeps staff, individuals with disabilities, and members of the community safe; promotes public welfare; builds trust with the community; respects the rights of individuals with disabilities; ensures effective use of criminal justice resources; and contributes to reliable investigative and judicial results.

Criminal justice entities have provided trainings to their personnel on these topics:

• How non-medically trained criminal justice personnel can recognize common characteristics and behaviors associated with mental health disabilities or I/DD;

• How to interact with individuals with these disabilities;

• When and how to make reasonable modifications for individuals with these disabilities;

• What individuals with these disabilities may experience and how that may affect their interactions with others (e.g., hearing voices);

• How to take appropriate steps to ensure effective communication with individuals with mental health disabilities or I/DD;

• How to avoid escalating interactions with people with these disabilities;

• How to use de-escalation or other alternative techniques to increase safety and avoid using force unnecessarily;

• What local resources are available to provide treatment, services, or support for individuals with mental health disabilities or I/DD; and

• When and how to draw upon these resources or others, such as crisis intervention teams, mobile crisis teams, assertive community treatment teams, or mental health providers.

Special Considerations for Law Enforcement Agencies: Law enforcement agencies have provided training to dispatchers on how to recognize and handle calls from or about people with mental health disabilities or I/DD, including on the following topics:

• The availability of crisis intervention teams or other resources to respond to calls about individuals with mental health disabilities or I/DD;

• When to dispatch crisis intervention teams or officers with training in interacting with people with these disabilities;

• When to consider dispatching a mental health provider rather than a police officer;

• Information about, and contact information for, community-based service providers; and

• The importance of communicating information dispatchers receive about individuals’ disabilities to responding officers or service providers.