Nevada Lawmakers Discuss Bill to Make Traffic Stops Safer for People with Disabilities |
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When a person has a condition such as autism, their interactions with members of law enforcement may be challenging. For instance, suppose an officer conducts a routine traffic stop, and the driver has autism and behaves or reacts unexpectedly. Under these circumstances, an officer trained to quickly observe people's expressions and behaviors to assess for dangerousness may mistakenly perceive a threat. In recognition of this issue, Nevada lawmakers are now discussing a bill to make traffic stops safer for people with autism and other disabilities that impact a person’s ability to communicate.
Nevada’s Assembly Bill 161 (AB 161) proposes to amend the state law to allow drivers to indicate if they communicate differently on their driver’s licenses and registration. In addition, the law would allow a “person with a communication impairment” to include signifying information voluntarily. AB 161 defines a "Person with a communication impairment” as meaning “any person who is deaf, as defined by NRS 426.084; any person who has a speech disorder that causes an impairment of the articulation of speech sounds, fluency, or voice; any person who has a language disorder that impairs their ability to comprehend or use language; any person who has an auditory processing disorder that impairs their ability to comprehend language; any person whose ability to communicate is impaired due to neurodivergence; any person who has any other condition that impairs their ability to communicate or comprehend language.”
Assemblyman Cameron C.H. Miller sponsored the bill. Miller commented that “By giving law enforcement an additional tool to alert them that someone’s response or actions during an encounter may be a matter of how they receive or deliver communications, rather than a threat or an act of defiance, this is again a common-sense measure that gives people the choice and creates a safer environment for all parties involved.”
The American Civil Liberties Union (ACLU) of Nevada appeared at a sub-committee supporting the proposed legislation. In addition, law enforcement groups such as the Washoe County Sheriff’s Office and the Nevada Sheriffs and Chiefs Association supported the bill.
The change would provide an additional safeguard for people with autism and other disabilities that can help law enforcement recognize that a person may communicate and behave in a certain manner. Having this information on a license or registration may prevent misunderstandings during traffic stops and protect both parties. Advocates for AB 161 also asked that law enforcement officers be required to undergo specialized training if the bill is signed into law.
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation, contact us or call (509) 991-7058.
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Mental Disability and the Criminal Justice System |
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A podcast which provides information - and hope - to people with mental disabilities ensnared in the criminal justice system, as well as to their families and attorneys.
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Reinventing the E.R. for America’s Mental-Health Crisis
When Kim Mitlyng was in college, one of her family members began to experience a mental-health crisis that lasted for years. Whenever Mitlyng’s phone rang, she feared that she was about to learn that her loved one had died by suicide. She and her family sought help, but they were overwhelmed by the fragmented and disorganized mental-health-care system. “I felt like we were set up for failure,” she told me. “People would just throw a bunch of numbers at us and say, ‘Call these and find out what your insurance covers.’ ” Mitlyng decided to study psychology and, after graduation, trained as a family and marriage counsellor. But she found herself drawn to psychiatric emergencies. “There’s something about being with people in the darkest time,” Mitlyng said. “Being able to hold that space and give them just a glimmer of hope.”
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Oregon State Hospital agreement would allow for flexibility on stay limits, pending judge’s sign-off
A federal judge in Portland indicated Thursday he would sign off on new changes to the Oregon State Hospital’s admissions and discharge procedures for people charged with crimes who are deemed too mentally ill to assist in their own defense or stand trial.
For years, the state-run psychiatric hospital has been over capacity. It regularly leaves people with serious mental illnesses languishing in local jails, well past court-ordered admission deadlines established decades ago to protect their constitutional rights.
These proposed changes stem from a major shift last year that limited the amount of time people could stay at the hospital — a decision that drew criticism from district attorneys, state court judges, local governments and private hospitals. The idea was that moving people through treatment more quickly would reduce the time people spent in jail before being admitted. But critics have said the timeline simply allows for the release of seriously mentally ill people with no institutional support.
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Serious Concerns Raised After Discovery of Death Penalty Appeals Overlooked for Decades By Texas Courts
The Harris County District Clerk’s Office is attempting to resolve nearly one-hundred criminal appeals, including two death penalty cases, that were overlooked by the court system for decades. Among them are the appeals of the two death-sentenced prisoners, Tony Tyrone Dixon and Syed Rabbani.
Tony Tyrone Dixon, a prisoner with intellectual disabilities, was convicted of capital murder he committed at the age of 17 and sentenced to death in 1995. In August 1998, Mr. Dixon’s appellate attorney filed his first post-conviction habeas corpus appeal, arguing that Mr. Dixon was mentally incompetent to stand trial. After the appeal was filed, the judge signed an order allotting prosecutors an unspecified amount of time to file their response beyond the then 30-day deadline.
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A Murder Suspect Has Spent 7 Years In The Hilo Jail Without A Trial
A Big Island man accused of murdering his wife and two children in 2016 remains locked up in the Hilo jail seven years later with no trial or resolution of the charges in sight, his case stalled by years of inquiries into his mental health.
The criminal case against John Ali Hoffman, 56, was first suspended on May 19, 2016, to allow him to be examined by a panel of three experts to assess his mental condition. Each of those experts concluded Hoffman was fit to proceed, meaning he could understand the proceedings and assist in his defense.
Dr. Andrew Bisset, one of the psychiatrists tasked with assessing Hoffman’s mental health, concluded in his 2016 report that “it was clear that (Hoffman) was attempting to establish psychiatric impairment as a defense against the charges he faces.”
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Parents of US man killed by police during mental health crisis to get $19m
The parents of a 22-year-old Colorado man in a mental health crisis killed by police are to receive $19m from government state and local agencies while prompting changes to how officers are trained under a settlement announced on Tuesday.
The shooting of Christian Glass by the Clear Creek county sheriff’s office after Glass’s SUV became stuck in the mountain town of Silver Plume last year drew national attention and prompted calls to reform how authorities respond to people with mental health problems.
As part of the settlement, Sally and Simon Glass also negotiated for changes they hope will prevent another family from suffering a loss like theirs. Clear Creek will establish a crisis response team, and its sheriff’s office will train and certify all deputies in crisis intervention, according to documents released by their attorneys.
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A Mental Health Crisis. An Officer’s Gun. A Too-Common Tragedy.
The San Antonio Police Department, like the police in other cities, has a Mental Health Unit available around the clock to respond to calls that require trained, empathetic responses and support for people in distress.
None of the mental health officers on duty were dispatched before Melissa Perez was shot and killed in her home last month by three police officers. Ms. Perez, 46, was exhibiting unusual behavior and had been diagnosed with schizophrenia.
Like the incident in New York in which Raul de la Cruz, 42, was shot six times and critically injured in March by officers 28 seconds after their arrival, Ms. Perez’s shooting is renewing vexing questions about police staffing, training and decision-making, and how officers deal with people experiencing mental health issues.
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