A crucial piece of the puzzle
Olmstead & Criminal Justice
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Val's Take
When I started Orchid, I was very interested in applying "Olmstead" to Criminal Justice. As it turns out, the US Department of Justice had beat me to it -- just not enforced uniformly and consistently across the Country. So the Americans with Disabilities Act (ADA) does apply to Jails and Prisons. "Olmstead" is a SPECIFIC CATEGORY of ADA jurisprudence. So how the US Department of Justice has applied "Olmstead" to incarcerated people with disabilities (such as mental illness and developmental disabilities) has related to housing and services upon release from incarceration. DOJ has NOT argued for earlier release dates. On the other hand, correction officials, sheriffs, prosecutors and judges may be open to an earlier release date if there is a safe place for the person to go and long term planning. Now in 2019 some of the "PROFESSIONAL SUPPORT CENTERS" are arguing the application of Olmstead to Criminal Justice. It does take a MINUTE for these IDEAS to filter down to STATES and DECISION-MAKERS. That process is going to go A LOT QUICKER -- if those STATES and DECISION-MAKERS have SIGNIFICANT SUPPORT to IMPLEMENT application of "OLMSTEAD" to Criminal Justice --- which BTW is legally required. |
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