PUBLIC SAFETY AND CRIME PREVENTION (2018) - National League of Cities
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PUBLIC SAFETY AND CRIME PREVENTION (2018) Primer Providing for the public’s safety is ultimately the responsibility of municipal government and one of its highest priorities. “Public safety” means not only putting an end to the levels of crime and violence that impact the everyday lives of our residents, but just as importantly, delivering life- saving rescue services, preventing fires, and preparing for and responding effectively to foreign and domestic terrorism, natural and manmade disasters, and pandemic events. The list below is a summary of all the federal policy objectives contained in the Public Safety and Crime Prevention chapter of NLC’s National Municipal Policy. The purpose of the summary is to provide a quick reference guide in responding to most legislative and regulatory actions that may affect local authority over public safety programs. NLC SUPPORTS FEDERAL PROGRAMS AND FUNDING THAT HELP CITIES… • implement the principles of community policing within their local law enforcement agencies. • target, prosecute and convict violent criminals, drug dealers, sex offenders and human traffickers. • reduce gun violence. • prevent hate crimes and youth violence. • establish initiatives that reduce the need for the incarceration of at risk youth, mentally ill and non-violent drug offenders. • provide assistance to victims of crime. • address problems associated with of domestic violence through prevention, intervention, treatment, and effective prosecution. • manage drug abuse prevention, education, treatment, and community wellness programs. • reintegrate convicted offenders, who have completed their sentence, back in to the community. • fight cybercrimes and cyberattacks. • mitigate risk, respond to and recover from natural and manmade disasters. • share information and intelligence among local, state, and federal law enforcement agencies. • maintain safe and secure roads and public transit systems. • improve first responder voice and data communications, public alerting and 9-1-1 calling systems. • acquire and maintain first responder equipment and technology. • train law enforcement, fire, and emergency medical personnel. • safeguard civil liberties and privacy of its citizens while ensuring public safety. NLC OPPOSES ANY FEDERAL MANDATE THAT… • is unfunded or underfunded. • reduces or restricts local control of public safety programs. • limits a local governments ability to enact laws to improve public safety. • imposes or increases the liability or risk to a local government. • conscripts local government personnel to enforce federal immigration laws. • adopts or gives legal status to law enforcement, fire and emergency medical standards developed by bodies not having adequate representation by elected officials. • restricts local governments ability to participate in programs that support local, state and federal law enforcement partnerships. 2018 Public Safety and Crime Prevention 182
6.00 Introduction B. Goals Prevention of crime and violence is the goal; The primary goal of local public safety and public safety education is the key. This can crime prevention efforts is to ensure that the be done by such efforts as implementing drug nation’s cities and towns provide a safe, awareness programs, restricting access to healthy environment in which residents can guns, increasing recreational programs, live. To achieve this goal, federal, state and returning schools to the “safe havens” they local officials must view the safety of the once were, providing children with community in holistic terms. Officials must successful role models, and celebrating recognize the danger of focusing exclusively positive successes of our youth. This nation on prevention, intervention, response or needs to view young people as assets – not punishment. Public safety efforts are more liabilities. likely to result in safer communities if all solutions are integrated into a single strategy. Action must be taken to prevent crime and violence in our communities. To accomplish this, NLC: 6.01 Crime Prevention • Strongly supports community policing efforts; A. Problem Statement Crime prevention is everyone’s • Supports adequate and direct federal anti- responsibility because crime and violence drug, anti-violence and gang prevention plague all American cities and towns. funding to cities and towns that can be Serious discussions continue to be held by all directed towards community policing levels of government over the complex efforts, anti-crime and violence activities, coordinated services that can make a and rural enforcement programs; difference, but substantive action has been • Cities must continue to partner and slow in coming. These services include collaborate with state and federal preschool education, recreation, government to help combat youth and neighborhood and employment programs gang violence; targeted for youth, substance abuse treatment • Cities should continue to work with state on demand, victims assistance programs, and federal government agencies to economic development, and job training and provide resources for transitional services creation. to all prisoners reentering society; • Urges a greater role for municipal elected The attention of all levels of government officials in federal decision-making should not only be aimed at the perpetrators regarding the local use and expenditure of of crime and violence, but also their victims. federal anti-crime and violence funds. Toward this end, NLC supports direct federal This would allow flexibility to redirect funding to cities for local victims assistance financial resources from drug interdiction efforts and programs funded through an activities to prevention and treatment; office for victims of crime. • Urges on-going reevaluation of state and federal laws and regulations related to The practice of community policing is an public safety and crime prevention issues. important part of crime prevention and has This reevaluation should include a review helped to return a sense of unity between of laws and regulations which address the local law enforcement and the community. age at which juveniles are charged as 2018 Public Safety and Crime Prevention 183
adults and should include the input of C. Weapons and Ammunition Control municipal elected officials; The growing illegal use of firearms in cities • Urges the federal government to continue and towns throughout this nation is the to gather information on hate crimes, common denominator for most violent family status, educational level and deaths. Firearms do not kill and maim income as well as race in its crime without someone pulling a trigger. statistics on perpetrators and victims and Controlling weapons and ammunition is just give the reporting of these variables equal part of a more comprehensive effort prominence; necessary to reduce violent acts. NLC urges • Encourages federal law enforcement all levels of government to adopt statutory, officials to investigate and prosecute regulatory, and policy actions to confront, cases in which crimes occur because of curb, and eventually eliminate firearms the real or perceived race, national origin, violence in America. Specifically, NLC asks religion, gender, sexual orientation or the federal government to: disability of a victim. Such investigation • Provide funding and resources to the ATF and prosecution should not supersede the to help facilitate efforts of states and right of state and local communities to localities to register guns; legislate and prosecute in the area of hate • Continue to enact initiatives and crimes; strengthen laws imposing enhanced • Urges Congress to continue to support the sentences for the use of a firearm in the efforts of the National Crime Prevention commission of any federal, state, or local Council (NCPC) which has provided crime; cities and towns with the hands-on, how- • Strongly support enhanced programs to to, materials and publications to assist arrest gun traffickers and shut down the citizens in their efforts to organize and illegal sale and distribution of firearms; fight back against crime and violence; • Regulate, in a manner consistent with the • Urges the United States government to Constitution, Internet facilitated firearms use all means at its disposal to secure the commerce and provide the same extradition of those alleged to have oversight as other types of commerce committed crimes against the people of involving the sale and/or transfer of the United States; and ownership of firearms; grant authority to • Encourages and supports federal efforts the appropriate Federal agency to to address the growing forms of regulate and otherwise oversee the electronic or “cyberspace” crimes design, safety, and responsible marketing through the Department of Justice and and sales of firearms; other federal law enforcement agencies. • Support flexible federal funding for local Cooperation, specialized training and programs that address gun violence and tracking equipment is essential for promote gun safety; federal, state and local law enforcement • Continue the federal ban on all personnel. Continued federal funding to manufacture, sale, importation or use of train local governments and law armor-piercing bullets that can penetrate enforcement agencies on how to deter, identify, and capture cybercriminals is essential to prevent and detect on-line crime. 2018 Public Safety and Crime Prevention 184
bullet-proof vests except for legitimate • Require that the background of an use by the military and police officers.1 individual who acquires a weapon from a • Support passage of federal, state, and pawnshop, gun show or online seller shall local laws imposing substantial be subject to the same scrutiny as an mandatory sentences, with no possibility individual who purchases a firearm from of parole, probation, or suspended a federal firearms licensee; sentence for the use of armor-piercing • Enact federal legislation that would allow bullets in the commission of any crime; states and/or local governments to adopt • Ban the manufacture, sale, importation, stricter standards and rules regarding or transfer of all automatic and semi- purchase, storage and possession of automatic assault type weapons except firearms; and for legitimate use as authorized by the • Enact federal legislation to prohibit an National Firearms Act (NFA) and by the individual under the age of 21 from military or law enforcement; purchasing or possessing an assault rifle • Apply a waiting period of up to 30 days and or handgun. for the purchase or transfer of all guns so • Urge firearm manufacturers to be that local police agencies may check the responsible corporate citizens by: criminal and mental health status of 1) including safety devices with their purchasers. products and developing new • Expand and enhance the National Instant technologies to make guns safer; Criminal Background Check System 2) selling only to authorized dealers and (NICS) to ensure every states criminal distributors, and allow their records are easily entered and updated authorized distributors to sell only to and to require anyone who is selling or authorized dealers; transferring a gun to check appropriate 3) allowing no firearm sales at gun records through and authorized federal shows or similar events unless all firearms licensee (FFL) to ensure the background checks are completed; person acquiring the firearm is not a 4) not selling firearms that can readily prohibited person.; be converted into fully automatic • Require federal licensing of gun dealers. weapons or that are resistant to Applicants for Federal Firearms Dealer fingerprints; licenses should be required to show proof 5) not selling large (more than 10 of compliance with state and local laws to rounds) capacity ammunition clips; the Bureau of Alcohol, Tobacco, and 6) maintaining an electronic inventory Firearms (ATF) before the agency issues tracking plan; and a gun dealer license. The ATF must be 7) forgoing firearms sales to licensed required to provide each general purpose dealers known to be under government with a list of that indictment. jurisdiction’s Federally Licensed Firearms Dealers annually; 1 Armor-piercing ammunition, sometimes referred to as metal-piercing ammunition, is ammunition that is designed primarily to penetrate metal or armor, including body armor commonly worn by police officers. Under federal law, armor-piercing ammunition is defined as any projectile or projectile core that may be used in a handgun and that is constructed entirely from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium. (18 U.S.C. § 921(a)(17); 27 C.F.R. § 478.11) In addition, armor-piercing ammunition is defined as a full jacketed projectile “larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.” 18 U.S.C. § 921(a)(17)(B). 18 U.S.C. § 923(k) 2018 Public Safety and Crime Prevention 185
D. Youth Oriented Crime Prevention NLC supports: It is essential that all levels of government, • Federal assistance for the establishment community leaders, the business community, and operation of youth courts to ensure and residents work together to create and swift and appropriate sanctions for sustain environments in which violence is not certain juvenile offenses; a pervading presence in the everyday lives of • Direct, flexible funding to municipalities our nation’s children. for local juvenile justice and delinquency prevention initiatives with strict 1. Youth and Gang Crime and Violence limitations on the amount of federal funds Federal juvenile justice efforts within the that can be used for administrative costs Department of Justice have not had enough to ensure that a high percentage of the resources devoted to them to address the full funds go to the local level; and range of problems in the area of youth • Continued federal technical assistance to victimization and youth crime. train local governments on how to apply for federal funds administered through Youth crime has been associated with states and units of local governments. increased gang activity across the nation. Many schools and public facilities have 2. Sentencing become battle grounds for youth gang NLC believes that, except in cases of federal members. As gang activities have become crimes, the federal government should not be increasingly mobile in crossing geographical involved in juvenile sentencing – this is a boundaries, NLC urges the federal state and local function. government to continue its work toward placing increased penalties on gang-related 3. Corrections crimes, such as prosecuting offenders under The federal government should provide organized crime statutes. funding for mandates imposed on state and local governments that call for more The federal government must prioritize establishing and maintaining effective accountability in punishing juvenile juvenile crime and gang prevention programs offenders. Currently not enough juvenile on the local level by directly funding city, holding facilities are available to adequately town, and multi-jurisdictional initiatives. meet the demands of the justice system. Federal partnership and collaboration with Overcrowding and the high costs of cities and towns is the best way to take implementing specific separation advantage of local leadership on this issue requirements are problems that severely while encouraging innovative thinking and cooperation across jurisdictions and levels of hinder rehabilitation efforts. More flexibility government. is needed in all areas of juvenile corrections, including juvenile detention facilities and the The federal role in juvenile justice should education of juvenile offenders. NLC urges also focus on support services for state and the federal government to provide sufficient local governments and information gathering funding for all phases of all juvenile justice and dissemination in the areas of rehabilitation of juveniles and progressive mandates to achieve desired results. sanctions. 2018 Public Safety and Crime Prevention 186
4. School Safety enforcement agencies, would establish The federal government must provide benchmarks for consistent guidelines on increased federal funding to augment local reporting school crime and violence. efforts aimed at improving school safety, NLC calls for a consistent commitment such as School Resource Officers. The long- among all levels of government, school term effectiveness of programs that help to systems, businesses, and community groups improve school safety can succeed with to ensure that public safety contributes to a continued investments by federal, state, and good quality-of-life in all communities. local governments. The federal government must provide funding for the implementation 5. Mass Media and Media Violence of effective intergovernmental partnerships NLC urges the federal government to adopt to truly achieve the goal of developing a an approach toward violence in the media comprehensive approach to school safety, that emphasizes alternative approaches including comprehensive mental health which encourage and applaud pro-social treatment and counseling for all youth and values, demystify violence, and teach youth their families, sensitivity training programs, how to handle frustration, prevent suicide, and other services that help prevent students and deal with conflict. from becoming perpetrators or victims of crime and violence. NLC supports entertainment rating systems that will provide advance notice of violent The federal government should increase content in programming. NLC supports a flexible funding for Title V, juvenile justice federal public health campaign in schools programs and innovative approaches to that targets violence in a manner similar to school safety that can be replicated by that used to combat drunk driving. communities across the nation. The federal government must work with state and local The federal government must: authorities to establish more uniform • Provide a clearinghouse that coordinates guidelines and recommend mandatory and evaluates recently conducted credible reporting for crime and violent incidents in studies on the mental health implications schools. School districts should be required of mass media violence; and to provide the U.S. Department of Education • Provide flexible, direct funding and/or and other federal agencies, as well as state assistance for Internet filtering education agencies and state and local law capabilities for our nation’s libraries, enforcement agencies, with school incident schools, community centers and other reports. The school districts should also local public facilities that provide provide these agencies with an analysis of children access to computers and other incidents and intervention techniques to interactive media. create a national database of school crime and violence incidents and “best practices” for E. Substance Abuse intervention. Substance abuse is a public safety concern. Illegal drugs, as well as alcohol and This responsibility to report creates a difficult prescription drug abuse, are all straining the task of defining what a violent incident is. capabilities and resources of governments, Intergovernmental cooperation, to establish especially public safety budgets. reporting standards and criteria for federal, state, and local education and law 2018 Public Safety and Crime Prevention 187
Despite considerable efforts, there has been • Funding for hazardous material little discernible progress being made in equipment and training that reduces the reducing the social costs of drug abuse. occupational health issues associated Efforts to control drug trafficking have been, with methamphetamine lab and other for the most part, unsuccessful. Local law drug production lab seizures and clean- enforcement efforts continue to be hampered up; and by inadequate and ill-defined state and • Technical assistance, national federal laws, limited resources, overcrowded information sharing services, and direct prisons, and overburdened criminal justice fiscal support for Prescription Drug systems. Monitoring Programs; and, • Increasing the ease of access to and Drug abuse prevention is under-funded, prevalence of safe, environmentally particularly at the federal level, and there is sound disposal of prescription drugs uncertainty and disagreement at all levels of through convenient take-back options for government about what constitutes all unwanted prescription drug prevention. Currently, federal funding is medications. focused on programs which stress care to the chronic substance abuser, while providing 1. Economic Deterrents only minimal attention to programs aimed at In order to effectively address the drug issue, preventing the proliferation of illegal alcohol the economic incentive is a critical element to and drug use. any anti-drug strategy. To do so, NLC supports the following actions: NLC supports a comprehensive strategy for • Aggressively using all legal means to substance abuse prevention, intervention, pursue actions against financial treatment and law enforcement, including institutions that knowingly conduct alternatives to incarceration. NLC further financial transactions which involve urges that a balance in expenditures should be proceeds from unlawful activity; sought between prevention, treatment and • Withholding foreign aid to source corrections. NLC supports: countries being uncooperative in interdiction efforts; • Federal research into alternative • Developing treaties with countries to sentencing programs for non-violent drug restrict the flow of precursor chemicals use offenses; into drug manufacturing countries; and • Funding for the creation of non- • Seizing the assets of individuals incarceration alternatives for non-violent convicted for involvement in illegal drug drug use offenses; activity. These funds should go to local • Federal funding and standardized training law enforcement agencies. for law enforcement, fire fighters, public emergency medical personnel, and other 2. Enforcement first responders on identifying, seizing Current enforcement efforts have simply not and clean-up of illicit drug producing been effective in controlling the labs; manufacturing, sale, distribution and use of • Reimbursement of the cost associated in illicit drugs. NLC believes that better the clean-up and damages to property definitions in state and federal laws related to contaminated by illicit drug producing illicit drug and alcohol use will enhance labs; enforcement efforts. 2018 Public Safety and Crime Prevention 188
To improve this situation, sufficient federal • Federal funding and assistance to every resources must be committed to ensure that state to establish and maintain enforcement strategies are realistic and are Prescription Drug Monitoring Program coordinated with efforts in education, (PDMP) and to ensure these programs prevention, treatment and research. achieve data uniformity and implement information sharing across all state NLC supports: PDMPs. The federal government should • The maintenance of adequate funding for also require healthcare providers utilize local, federal and state law enforcement the PDMP prior to prescribing agencies to deal with drug-related medications to patients. problems; • An increased focus on enforcement F. Domestic Violence against those involved in cases that are Domestic violence is a serious social crime determined as high-level manufacturing, and a criminal justice problem that sales and distribution of illicit drugs, significantly impacts our nation’s cities and especially those selling or furnishing towns in a variety of ways, including illegal drugs to minors; emergency shelters, schools, law • Prosecution to the fullest extent of the law enforcement and emergency medical service for those involved in violent crime related agencies, and the courts. Domestic violence to illegal drug use; crosses all socio-economic strata and should • Increased penalties for those convicted of not be viewed as a private family matter, but drug offenses where firearms are in the context of other crimes and problems possessed by the offender; requiring prevention, intervention, and • Increasing the use of federal law prosecution. enforcement in the interdiction, arrest, search, and seizure of illicit use and sale All levels of government must make of drugs; domestic violence initiatives a priority on • Federal assistance in the arrest and their agendas. Federal legislation should be prosecution of those responsible for the enacted to provide funding and support for death or injury of public safety and law local government programs to address the enforcement personnel involving official problems of domestic violence through investigations of illegal drug operations; prevention, intervention, treatment, and • The utilization of extradition as a key tool effective prosecution. Legislation must take in combating international trafficking; into account the potential impacts on already overburdened probation and parole • The immediate deportation of illegal departments. immigrants convicted of offenses related to the illicit sale of drugs after the court’s NLC encourages the federal government to: disposition has been fulfilled; • Provide funding and assistance to • The aggressive pursuit and prosecution of maintain successful domestic violence medical personnel illicitly prescribing, programs already in existence, to initiate selling, administering, dispensing, demonstration projects, and to aid local mixing or otherwise preparing any governments and organizations in prescription drug, including any modeling programs after successful controlled substance under state or holistic approaches; federal law; and 2018 Public Safety and Crime Prevention 189
• Establish a central point for the collection factors prior to release and then require these and dissemination of information on prisoners to seek continued treatment prior to domestic violence programs taking place and upon re-entry. Furthermore, the federal across the country that includes examples government should encourage state of what is and is not working, the governments to require policies mandating progress of legislative initiatives at both that all state prisoners have DNA collected the state and federal levels, recent studies during the initial screening and exiting on domestic violence issues, and other process in an effort to solve open cases. relevant information; • Assist all levels of government in the For prisoner reentry to succeed, reintegration development of programs that work with must be emphasized as soon as a prisoner children exposed to domestic violence enters a correctional institution. Emphasis and in the development of general must be placed on identifying a prisoner’s education programs for all children on specific risk factors, providing treatment domestic violence issues; and while in custody, and following up with • Fully fund the Violence Against Women community-based treatment once a prisoner Act programs, as well as, efforts which is released. Programs must be implemented support the abolition of physical, sexual on both the federal and state level to involve and psychological human rights abuse the prisoner’s family unit or mentor in any and oppression of women. decisions or treatment plans, both during incarceration and at the time of release. G. Prisoner Reentry Federal grant money is needed to fund Each year prisoners are released back into community-based intervention and treatment society without access to immediate programs focusing on the issues of housing, supervision and/or support. These prisoners job opportunities and training, mental health face a multitude of problems including screening and treatment, substance abuse, homelessness, a lack of job opportunities, healthcare, education, and family educational deficits, mental health issues, reunification. In addition, attention must be substance abuse, infectious diseases, and no paid to the specific struggles and barriers connection to their families and associated with youth prisoner re-entry. communities. Over half of all released Often, youth leaving the criminal justice prisoners will be rearrested causing increased system lack age-appropriate levels of costs and burdens for cities. education, needed social and developmental skills, and are returning to environments that In order to combat this problem, the federal do not foster rehabilitation and development. government must provide local and state Emphasis must be placed on creating the governments with resources and funding for necessary support systems and opportunities transitional services to all prisoners in the to help youth transition into adulthood, areas of housing, education, mental health reintegrate into communities, and stop cycles treatment, substance abuse counseling, of recidivism. employment opportunities, and healthcare. In addition, the U.S. Department of Justice Successful federal, state, and local pilot should adopt a policy mandating that all projects must be expanded to address federal prisoners be screened for challenges related to prisoner reentry and the drug/alcohol addiction, mental health full spectrum of problems. The federal problems, infectious diseases and other risk government should fund programs that 2018 Public Safety and Crime Prevention 190
include the cooperation of corrections I. Stopping Human Trafficking officials, probation and parole officers, Human trafficking is a modern-day form of former offenders who can serve as mentors, slavery that impacts people of all ages and of families, police, prosecutors, the court both genders, where services, labor, or sex system, mental health administrators, are supplied by victims who are forced, healthcare providers, housing agencies and defrauded or coerced to work through such rental advocates, substance abuse counselors, methods as involuntary servitude, debt businesses, educational and vocational bondage, and forced labor. At the heart of this training providers, victim advocates, heinous crime are the myriad forms of community- and/or faith-based enslavement – not the activities involved in organizations, neighborhood associations international transportation—and hundreds and coalitions, researchers and records of thousands of U.S. citizens and other personnel, and public affairs officers. permanent residents, including kidnapped and homeless youth, are considered to be at Congress should pass legislation risk for or victims of trafficking. Victims of guaranteeing that appropriate programs such human trafficking live among us in our cities as Medicaid, Social Security Disability, and towns, but are typically captive and educational or vocational retraining, and isolated, unaware of their rights, powerless to other federal benefits, are available to eligible access services, and afraid to ask law individuals on the first day of their release, enforcement and other authority figures for ensuring access to the necessary services and help. Combating human trafficking requires resources vital to making a successful a collaborative, comprehensive approach transition back into society. across all levels of government. H. Driving Under the Influence and To combat human trafficking, sufficient Distracted Driving federal resources must be committed to The enforcement of laws for distracted ensure that law enforcement strategies are driving (including texting or the use of realistic and are coordinated with efforts in mobile devices) and driving under the education, prevention, and support of influence, adjudication of cases, treatment of victims. offenders, prudent punishment of repeat offenders and the development of public NLC supports: awareness are all important state and local • Congressional action that will provide functions. adequate funding for the Trafficking Victims Protection Reauthorization Act, The role of the federal government, through which gives law enforcement additional the National Highway Traffic Safety tools and resources to prevent human Administration in assisting state and local trafficking, investigate human trafficking governments should continue and be crimes, promote increased cooperation expanded. These efforts should focus public among federal agencies, between the U.S. attention on the distracted driving and driving and other countries, and between federal, under the influence problem, facilitate public state and local law enforcement. and private sector actions to counter the • Congressional authorization and funding problem and provide administrative support of block grants to localities to support for interstate coordination of driving under comprehensive local approaches to the influence countermeasure efforts. stopping sex trafficking of minors 2018 Public Safety and Crime Prevention 191
through prevention, support for victims, service personnel, and others) to properly and resources and support for the police respond to mental health calls. Federal and prosecutors who pursue justice programs that fund joint efforts between law against traffickers, pimps and others who enforcement and health officials to reduce participate in or coordinate these crimes. repeat calls for service and better serve • Federal programs that train key state, people with mental illness are also crucial to local government, and non-profit reducing unnecessary interactions between personnel, as well as make efforts to police and the mentally ill. increase the public’s awareness of human trafficking. Mentally ill persons who do not receive psychiatric treatment and/or fail to comply J. Mental Illness and Criminal Justice with their medications regimen are As people with mental illnesses continue to significantly more likely to face arrest. For come in contact with the criminal justice this reason, NLC supports funding for system, communities across the United States programs that improve the screening of struggle to develop interventions and incoming jail and prison detainees for mental supports that improve outcomes for these illness; the diversion of individuals to mental individuals, their service providers, and the health programs when appropriate; public. increasing the availability of grants for mental health courts and other diversion How the criminal justice community engages efforts; providing intensive treatment while people with mental illness is a matter of incarcerated, when necessary; requiring national concern. Untreated mental illness Bureau of Justice Statistics to regularly often leads to volatile situations that require update the “Mental Health Problems of law enforcement to intervene. These Prison and Jail Inmates; and ensuring interactions can require special training, be transitional services when leaving jail. These difficult to resolve, and create unique risks to programs ultimately reduce the likelihood the safety of all involved. that mentally ill individuals will return to incarceration or have a future interaction with In 2004, Congress passed the Mentally Ill law enforcement. (NLC’s policies on Mental Offender Treatment and Crime Reduction Health are detailed further in the HD Act (MIOTCRA), which enhances local Chapter of the National Municipal Policy.) public safety by funding training for law enforcement officers on how to identify and K. Equity in the Criminal Justice System respond to incidents involving people with Every person has a right to expect equal mental illnesses, increasing mental health treatment by law enforcement officers, courts nationwide, improving collaboration prosecuting authorities, judges and between criminal justice and mental health correctional officials. Discriminatory systems, and improving access to effective enforcement of criminal laws has a corrosive treatment. effect on our cities and towns, undermining the confidence of the community in law NLC supports MIOTCRA federal efforts that enforcement and interfering with our efforts provide additional resources for veteran to prevent crime and prosecute offenders. treatment courts, and increases resources and training for first responders (law Unfortunately, our country has a long history enforcement, fore, emergency medical of disparate treatment in our criminal justice 2018 Public Safety and Crime Prevention 192
system. Numerous studies confirm that racial Public safety requires the commitment of all minorities, especially African Americans and levels of government. Information sharing Latinos, are more likely to be arrested, more among levels of government must be likely to be prosecuted and more likely to be comprehensive and timely. Through the joint incarcerated for offenses than whites accused efforts of local, state, and federal of the same crime. governments, as well as the responsible actions of individual residents and corporate NLC supports federal legislation and action citizens alike, the safety and well-being of which eliminates discrimination in the our business and civic communities can be enforcement of our criminal justice system. controlled successfully. NLC opposes profiling of suspects based solely on race, ethnic origin, religion, gender B. Goals identity, poverty or other similar factors. • In order to keep our cities and towns safe: The federal government should assist In addition, the federal government should cities and towns across the nation in assist local law enforcement agencies in their acquiring modern emergency efforts to provide data collection and analysis communications capabilities and education and training for law enforcement advanced law enforcement technology; officers regarding appropriate investigative and and enforcement techniques. • Federal, state and local law enforcement must share information and intelligence L. Poverty across intergovernmental and Crime statistics demonstrate the significantly jurisdictional boundaries. greater risks of direct criminal victimization of poor people.2 In addition, indirect C. Public Safety Technology and victimization of crime also falls Intelligence disproportionately on poor individuals. 1. Public Safety Technology and Intelligence Neighborhoods with large concentrations of Goals low income people are also generally the NLC urges the federal government to assist geographic areas of cities in which there are local governments across the nation in greater reports of crime, particularly street acquiring modern emergency crime. Other chapters of the National Municipal Policy cover a variety of programs communications capabilities and advanced and initiatives to reduce poverty and address law enforcement technology. Specifically, affordable housing issues. These should be the federal government should: viewed as a way to get at the root causes of • Make surplus equipment available to crime and violence. local governments (without undue restrictions on use) that would improve 6.02 Public Safety emergency response capabilities; • Provide funding for research and training A. Problem Statement opportunities and publicize these opportunities; 2 Marcus Berzofsky, Dr.P.H., RTI International, Lance Couzens, RTI International, Erika Harrell, Ph.D., BJS Statistician, Lynn Langton, Ph.D., BJS Statistician, Hope Smiley-McDonald, Ph.D., RTI International, “Household Poverty And Nonfatal Violent Victimization, 2008–2012” Department of Justice Bureau of Justice Statistics, November 18, 2014, http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5137. 2018 Public Safety and Crime Prevention 193
• Make direct, flexible grants to local response. No man, woman, or child should governments for local law enforcement lose his/her life because public safety and fire safety training and equipment; officials cannot communicate with one • Conduct regular, well publicized training another. sessions and provide coordinated technical assistance to local public safety The federal government should take personnel operating public safety immediate action to provide local technologies; governments with the broadcast channels • Encourage manufacturers to make public needed to enhance their communications safety equipment available at reasonable capabilities. Reliable and interoperable costs to local government that can be wireless communications are essential to easily upgraded for future purposes; public safety’s mission to protect life and • Provide technical assistance and funds to property. local police for the adoption of advanced policing technology, particularly The federal government should encourage alternative use of force options that help regional planning for public safety safely deescalate violent situations; and communication needs and address the current • Provide technical assistance and support shortage of spectrum channels with a long- to established intergovernmental term plan that ensures sufficient and institutions to ensure a collaborative appropriate spectrum to meet future public exchange of information that maximizes safety needs across the nation, resources, streamlines operations, and communications equipment with open improves the ability to fight crime and standards, and funding for the necessary terrorism by merging data from a variety building, operation, and maintenance of a of sources. national interoperable emergency communications system. If federal NLC strongly urges flexibility in the use of reallocation of radio spectrum forces a federal public safety funds for upgraded municipality to change radio frequencies technology and training. Many and/or channels to preserve its public safety municipalities face great difficulty in and emergency communications services, purchasing necessary public safety there should be prompt and fair equipment because of budget constraints or compensation made for transfer costs, such as inability to qualify for available funds. New new equipment and additional personnel and duties placed on law enforcement related to training. (NLC’s policies on public safety homeland security have constrained budgets communications are detailed further in the further. NLC urges the federal government ITC Chapter of the National Municipal to assist all municipalities with public safety Policy.) advancements without imposing stringent compliance guidelines. The federal government should also link all emergency warning systems across the 2. Emergency Communications nation, supplying all areas with appropriate Having the capability to transmit vital equipment so that no area is left unprotected. information to different emergency response Emergency alert systems should be used to personnel among all levels of government ensure that any presidentially declared without interference and delay is key to emergency, homeland security, and National disaster preparedness and emergency Weather Services alerts are timely and 2018 Public Safety and Crime Prevention 194
accurate and provide direction on corrections, parole agencies, and other recommended protective measures local relevant agencies. This integrated system governments should take when the threat would be particularly useful to localities in level is increased. Local governments should securing essential data during a time of be reimbursed for any costs associated with emergency or disaster. heightened alerts. Advanced public safety technologies NLC urges the federal government to ensure including mobile data terminals, geographic that all areas of the country have access to information systems, and biometric modernized 9-1-1 technology for emergency information repositories increase efficiency use. Currently, cities and towns that do not and can help return law enforcement officers have timely emergency response services to the streets, enhancing community policing usually have not implemented a 9-1-1 system efforts. The collection and analysis of or their systems are antiquated. NLC also biometric evidence - particularly DNA- has urges the federal government, in particular proven a valuable tool in identifying suspects the Department of Justice and the Federal in both violent and non-violent crimes, as Communications Commission, to continue well as ruling out innocent individuals, and its efforts to improve the wireless 9-1-1 or E expansion of its use should be supported at 9-1-1 services by working in partnership with the federal level. state and local land use authorities, public safety officials, and the telecommunications Ultimately, the use of modern technology industry. The telecommunications industry results in cost efficiencies because it allows must fully develop and fund wireless for better management of workloads, emergency locater services and tracking streamlines processes, and provides rapid systems and lead efforts to resolve analysis, all of which reduce overtime among interoperability problems that affect personnel. The federal government should emergency communications systems facilitate the availability of these throughout the nation. These efforts must technologies to cities regardless of size. continue to respect the premise of local autonomy, avoid burdensome mandates, and 4. Training reflect the need for greater funding in As local governments acquire new public underserved jurisdictions. safety technologies, the federal government should continue to promote interagency 3. Law Enforcement Technology sharing of equipment during emergencies The ability to transmit and access among all levels of government and provide information quickly and easily helps local, training to local public safety personnel. To state and federal law enforcement agencies promote greater compatibility among prevent and reduce crime. The federal training programs and curriculum, the federal government should facilitate criminal records government should lead efforts to ensure that information sharing among all levels of public safety training programs provide a governmental law enforcement agencies. level of consistency among all agencies, Such an information system would provide which are essential to implement mutual aid law enforcement agencies a tool to track and and regional cooperation agreements. apprehend transient, violent, repeat Federal assistance that enables local offenders, and/or suspected terrorists and governments to improve public safety share information with prosecutors, courts, services will always be a key component to 2018 Public Safety and Crime Prevention 195
reducing crime, planning for and predicting public health and safety in the event of an disasters, and responding to emergencies. accident. 5. Information Sharing The federal government must also ensure that Access to both specific and aggregate the transport of high-level radioactive waste information on public safety threats — (HLW) be safely accomplished by employing ranging from acts of terrorism, to health state of the art technology, engineering and threats, to gang violence trends — gathered procedures. by the federal government, should be shared with local law enforcement and other 1. Consolidation of Federal Programs necessary agencies in potential impact areas. NLC supports federal efforts to consolidate hazardous materials policies and to designate The federal government must continue to the U.S. Department of Transportation improve standing task forces, centers, and (DOT) the lead federal department. NLC institutions for sharing classified information believes that when more than one federal on threats with first responders. Both federal agency regulates a hazardous material, the financial and technical assistance, as well as appropriate agencies must take steps to on-site assistance of federal personnel, correct conflicting or inconsistent policies. should be provided to local government, to assist in these information sharing 2. Standards institutions and joint analysis efforts. National Hazardous Materials Driver Standards The federal government should assist local NLC supports federal hazardous materials law enforcement with acquiring the proper driver training standards that are tailored to equipment, technology, and training to the transportation of specific materials. As a participate in information sharing activities, prerequisite to receiving a license, drivers of such as establishing fusion centers. The such vehicles must be required to certify that federal government should continue to refine they have received special training. policies and practices surrounding these institutions to ensure all activities respect 3. Insurance civil liberties and privacy concerns. NLC supports existing federal regulations that require motor carriers to maintain D. Transportation of Hazardous Materials sufficient liability coverage. NLC also The transportation of hazardous materials, supports continuation of federal law that including nuclear waste, must be made as provides supplemental liability coverage in safe as possible. Minimizing the danger of the event of a catastrophic accident involving injury, environmental damage and other costs radioactive materials. of such events requires knowledge of the materials so that appropriate measures can be 4. Notification and Communication taken and decisions made regarding NLC encourages federal guidelines to clarify evacuation or traffic diversion. NLC urges the level and frequency of notification and the federal government to provide adequate communications between state and local funds, training and equipment to all cities officials necessary to protect public safety. affected by the transportation and disposal of Currently available technologies and systems hazardous waste to assure the protection of must be used to ensure immediate communication between transporters and all 2018 Public Safety and Crime Prevention 196
entities charged with responding to any transportation regulations. The federal incidences. Any carrier must be required to government must be more vigilant in its make an immediate notification to designated enforcement of its regulations regarding local emergency personnel when a hazardous unregistered carriers and shippers. materials incident occurs. States and localities should be allowed to Federal, state, regional and local adopt and enforce vehicle operating governments should cooperate in the requirements and standards, including the development of a unified data and imposition of fines or civil penalties for notification system. infractions of these federal requirements. 5. Disaster Prevention and Training The Federal Railroad Safety Act should be First responders regularly respond to amended so that the federal and state incidents involving the release or threat of governments have concurrent authority to release of hazardous materials in transport, enforce federal rail safety regulations that therefore emergency response should relate to hazardous materials. continue to be the primary responsibility of state and local governments. The federal Finally, the Federal/State Rail Safety government must ensure that first responders Participation program should be continued have the resources and capacity to address and adequately funded. and respond to any hazardous materials incidents. 7. Financing NLC urges Congress to appropriate sufficient In order to respond quickly and efficiently to federal funding to operate hazardous any hazardous materials incidents federal, materials programs. NLC supports raising state and local governments should develop a registration fees to pay for such programs centralized emergency response command while opposing federal preemption of local structure within each of their jurisdictions to fees on carriers. improve inter-jurisdictional communications when an accident does occur. There must be Motor Carrier Safety Assistance Program terrorism response plans for shipments of (MCSAP) grants from the Highway Trust hazardous materials. Funds should be increased and made available to local governments. The federal government should set minimum training and education standards, require all E. Mental Health and Public Safety stakeholders to participate, and offer Major criminal incidents and emergencies technical and financial assistance to support have a significant impact on the psyche of these efforts. The federal government should citizens and first responders alike. evaluate and certify training programs used Immediate support after traumatic incidents by regional, state and local emergency can ensure that witnesses provide first personnel. responders with more lucid descriptions of the event and prevent significant long-term 6. Enforcement mental health concerns. First responders to NLC believes that the federal government traumatic events also require psychological should continue to be responsible for the support. In both cases, psychological enforcement of hazardous materials conditions, post-traumatic stress disorder, or 2018 Public Safety and Crime Prevention 197
substance abuse may develop or worsen if not Federal and state technical and financial addressed. assistance should be structured to allow local officials maximum flexibility in meeting Psychological first aid, crisis counseling, and identified needs. Regarding the homeland response worker support are all key to security funding formula, NLC supports the mitigating these issues. The federal federal government continuing to fund risk- government should assist with resources and based threats in highly populated and high- the coordination of non-profit entities and threat areas. NLC also supports a minimum state and local governments to ensure a level of funding for state grants sufficient to continuum of care is available to victims of allow jurisdictions to prepare for possible crimes and disasters—particularly after terrorist-based threats, with flexibility to use major emergencies and incidents. These the funds for dual-use (risk and all-hazards) efforts must include awareness and education pursuant to their state homeland security of access to behavioral health treatment to plans. prevent negative effects following a devastating event. The potential for hazardous or radioactive material spills, pipeline accidents, large scale 6.03 Homeland Security, Disaster social disorders, and domestic terrorism compels all levels of government to Preparedness and Response coordinate efforts to protect communities. Such coordination must result in a A. Problem Statement comprehensive national homeland security The lives lost, property damaged, and and disaster preparedness strategy. The economic hardships suffered due to criminal Department of Homeland Security must and terrorist acts and natural, manufactured continue to have a central office for and technological disasters pose severe coordinating local and state domestic problems for individual residents, preparedness activities. Regional plans and communities, businesses and all levels of cooperation must be fostered through this government. Local governments are the first central office. level of government to respond to most disasters and emergencies and must be B. Goals regarded as the focal point of all disaster In order to maintain viable communities and mitigation and recovery activities. The an economically sound nation, all levels of federal government should provide funding government must work together to reduce the directly to local governments for homeland likelihood of disaster losses incurred. security, emergency preparedness and Specifically, the federal government should: response. • Continuously strive to improve the coordination of local, state, and federal An effective system must be developed to disaster preparedness plans, including ensure that federal and state emergency Emergency Management Assistance management officials conduct substantive Compact (EMAC) operations; consultations with local officials for key decision-making affecting homeland • Assure continued availability of adequate security, disaster preparedness and response property and casualty insurance and at the local level. excess insurance coverage to all regions of the nation, at affordable rates without 2018 Public Safety and Crime Prevention 198
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