PUBLIC SAFETY AND CRIME PREVENTION (2021) 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.
2021 Public Safety and Crime Prevention 220 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 6.01 Crime Prevention this, NLC: • 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
2021 Public Safety and Crime Prevention 221 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 education and federal, state and local law enforcement training in safe effective handling and personnel. Continued federal funding to secured storage of legal firearms; train local governments and law • Continue the federal ban on all enforcement agencies on how to deter, manufacture, sale, importation or use of identify, and capture cybercriminals is armor-piercing bullets that can penetrate essential to prevent and detect on-line crime.
2021 Public Safety and Crime Prevention 222 bullet-proof vests except for legitimate government with a list of that use by the military and police officers.1 jurisdiction’s Federally Licensed • Support passage of federal, state, and Firearms Dealers annually; local laws imposing substantial • Require the Department of Justice to mandatory sentences, with no possibility work closely with State and local law of parole, probation, or suspended enforcement to aggressively target and sentence for the use of armor-piercing hold accountable licensed and unlicensed bullets in the commission of any crime; individuals who break the law by • Ban the manufacture, sale, importation, knowingly selling or transferring or transfer of all automatic and semi- firearms or ammunition to prohibited automatic assault type weapons except persons, gun traffickers or straw for legitimate use as authorized by the purchasers. National Firearms Act (NFA) and by the • Require that the background of an military or law enforcement; individual who acquires a weapon from a • Apply a waiting period of up to 30 days pawnshop, gun show or online seller shall for the purchase or transfer of all guns so be subject to the same scrutiny as an that local police agencies may check the individual who purchases a firearm from criminal and mental health status of a federal firearms licensee; purchasers. • Enact federal legislation that would allow • Expand and enhance the National Instant states and/or local governments to adopt Criminal Background Check System stricter standards and rules regarding (NICS) to ensure every states criminal purchase, storage and possession of records are easily entered and updated firearms; and and to require anyone who is selling or • Enact federal legislation to prohibit an transferring a gun to check appropriate individual under the age of 21 from records through and authorized federal purchasing or possessing an assault rifle firearms licensee (FFL) to ensure the and or handgun. person acquiring the firearm is not a • Urge firearm manufacturers to be prohibited person; responsible corporate citizens by: • Provide increased funding and assistance 1) including safety devices with their to state and local governments to upload products and developing new standardized real-time data to NICS. technologies to make guns safer; • Require federal licensing of gun dealers. 2) selling only to authorized dealers and Applicants for Federal Firearms Dealer distributors, and allow their licenses should be required to show proof authorized distributors to sell only to of compliance with state and local laws to authorized dealers; the Bureau of Alcohol, Tobacco, and 3) allowing no firearm sales at gun Firearms (ATF) before the agency issues shows or similar events unless all a gun dealer license. The ATF must be background checks are completed; required to provide each general purpose
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) 2021 Public Safety and Crime Prevention 223 4) not selling firearms that can readily aimed at reducing gun violence in the be converted into fully automatic United States. weapons or that are resistant to fingerprints; D. Youth Oriented Crime Prevention 5) not selling large (more than 10 It is essential that all levels of government, rounds) capacity ammunition clips; community leaders, the business community, 6) maintaining an electronic inventory and residents work together to create and tracking plan; and sustain environments in which violence is not 7) forgoing firearms sales to licensed a pervading presence in the everyday lives of dealers known to be under our nation’s children. indictment. • Enact federal legislation that would 1. Youth and Gang Crime and Violence prohibit any person from knowingly Federal juvenile justice efforts within the transferring, purchasing, or Department of Justice have not had enough attempting or conspiring to purchase resources devoted to them to address the full or transfer, any firearm or range of problems in the area of youth ammunition from licensed or an victimization and youth crime. unlicensed person on behalf of or at the request or demand of a prohibited Youth crime has been associated with person, known or unknown. increased gang activity across the nation. • Enact legislation that requires a fully Many schools and public facilities have federally funded and completed become battle grounds for youth gang background check within a members. As gang activities have become reasonable time frame consistent with increasingly mobile in crossing geographical state and local laws for all gun sales boundaries, NLC urges the federal or transfers, and requires that all government to continue its work toward unlicensed or private sellers use an placing increased penalties on gang-related FFL or participating law enforcement crimes, such as prosecuting offenders under agency to facilitate a firearms organized crime statutes. background check through NICS on the purchase or transfer of any The federal government must prioritize firearm to anyone. establishing and maintaining effective • Congress should provide sufficient juvenile crime and gang prevention programs funding to the Center for Disease on the local level by directly funding city, Control to conduct comprehensive town, and multi-jurisdictional initiatives. research to identify the underlying Federal partnership and collaboration with causes that lead to gun violence and cities and towns is the best way to take mass shooting in communities. advantage of local leadership on this issue • Establish a national commission that while encouraging innovative thinking and consists of federal, state, and local cooperation across jurisdictions and levels of officials, gun rights advocates, government. survivors of gun violence, law enforcement officials, and medical The federal role in juvenile justice should and mental health providers to also focus on support services for state and recommend legislative solutions local governments and information gathering and dissemination in the areas of
2021 Public Safety and Crime Prevention 224 rehabilitation of juveniles and progressive 4. School Safety sanctions. The federal government must provide increased federal funding to augment local NLC supports: efforts aimed at improving school safety, • Federal assistance for the establishment such as School Resource Officers. The long- and operation of youth courts to ensure term effectiveness of programs that help to swift and appropriate sanctions for improve school safety can succeed with certain juvenile offenses; continued investments by federal, state, and • Direct, flexible funding to municipalities local governments. The federal government for local juvenile justice and delinquency must provide funding for the implementation prevention initiatives with strict of effective intergovernmental partnerships limitations on the amount of federal funds to truly achieve the goal of developing a that can be used for administrative costs comprehensive approach to school safety, to ensure that a high percentage of the including comprehensive mental health funds go to the local level; and treatment and counseling for all youth and • Continued federal technical assistance to their families, sensitivity training programs, train local governments on how to apply and other services that help prevent students for federal funds administered through from becoming perpetrators or victims of states and units of local governments. crime and violence.
2. Sentencing The federal government should increase NLC believes that, except in cases of federal flexible funding for Title V, juvenile justice crimes, the federal government should not be programs and innovative approaches to involved in juvenile sentencing – this is a school safety that can be replicated by state and local function. communities across the nation. The federal government must work with state and local 3. Corrections authorities to establish more uniform The federal government should provide guidelines and recommend mandatory funding for mandates imposed on state and reporting for crime and violent incidents in schools. School districts should be required local governments that call for more to provide the U.S. Department of Education accountability in punishing juvenile and other federal agencies, as well as state offenders. Currently not enough juvenile education agencies and state and local law holding facilities are available to adequately enforcement agencies, with school incident meet the demands of the justice system. reports. The school districts should also Overcrowding and the high costs of provide these agencies with an analysis of implementing specific separation incidents and intervention techniques to create a national database of school crime and requirements are problems that severely violence incidents and “best practices” for hinder rehabilitation efforts. More flexibility intervention. is needed in all areas of juvenile corrections, including juvenile detention facilities and the This responsibility to report creates a difficult education of juvenile offenders. NLC urges task of defining what a violent incident is. the federal government to provide sufficient Intergovernmental cooperation, to establish reporting standards and criteria for federal, funding for all phases of all juvenile justice state, and local education and law mandates to achieve desired results.
2021 Public Safety and Crime Prevention 225 enforcement agencies, would establish Despite considerable efforts, there has been benchmarks for consistent guidelines on little discernible progress being made in reporting school crime and violence. reducing the social costs of drug abuse. NLC calls for a consistent commitment Efforts to control drug trafficking have been, among all levels of government, school for the most part, unsuccessful. Local law systems, businesses, and community groups enforcement efforts continue to be hampered to ensure that public safety contributes to a by inadequate and ill-defined state and good quality-of-life in all communities. federal laws, limited resources, overcrowded prisons, and overburdened criminal justice 5. Mass Media and Media Violence systems. NLC urges the federal government to adopt an approach toward violence in the media Drug abuse prevention is under-funded, that emphasizes alternative approaches particularly at the federal level, and there is which encourage and applaud pro-social uncertainty and disagreement at all levels of values, demystify violence, and teach youth government about what constitutes how to handle frustration, prevent suicide, prevention. Currently, federal funding is and deal with conflict. focused on programs which stress care to the chronic substance abuser, while providing NLC supports entertainment rating systems only minimal attention to programs aimed at that will provide advance notice of violent preventing the proliferation of illegal alcohol content in programming. NLC supports a and drug use. federal public health campaign in schools that targets violence in a manner similar to NLC supports a comprehensive strategy for that used to combat drunk driving. substance abuse prevention, intervention, treatment and law enforcement, including The federal government must: alternatives to incarceration. NLC further • Provide a clearinghouse that coordinates urges that a balance in expenditures should be and evaluates recently conducted credible sought between prevention, treatment and studies on the mental health implications corrections. NLC supports: of mass media violence; and • Provide flexible, direct funding and/or • Federal research into alternative assistance for Internet filtering sentencing programs for non-violent drug capabilities for our nation’s libraries, use offenses; schools, community centers and other • Funding for the creation of non- local public facilities that provide incarceration alternatives for non-violent children access to computers and other drug use offenses; interactive media. • Federal funding and standardized training for law enforcement, fire fighters, public E. Substance Abuse emergency medical personnel, and other Substance abuse is a public safety concern. first responders on identifying, seizing Illegal drugs, as well as alcohol and and clean-up of illicit drug producing prescription drug abuse, are all straining the labs; capabilities and resources of governments, • Reimbursement of the cost associated in especially public safety budgets. the clean-up and damages to property contaminated by illicit drug producing labs;
2021 Public Safety and Crime Prevention 226 • Funding for hazardous material any anti-drug strategy. To do so, NLC equipment and training that reduces the supports the following actions: occupational health issues associated • Aggressively using all legal means to with methamphetamine lab and other pursue actions against financial drug production lab seizures and clean- institutions that knowingly conduct up; and financial transactions which involve • Technical assistance, national proceeds from unlawful activity; information sharing services, and direct • Withholding foreign aid to source fiscal support for Prescription Drug countries being uncooperative in Monitoring Programs; and, interdiction efforts; • Increasing the ease of access to and • Developing treaties with countries to prevalence of safe, environmentally restrict the flow of precursor chemicals sound disposal of prescription drugs into drug manufacturing countries; and through convenient take-back options for • Seizing the assets of individuals all unwanted prescription drug convicted for involvement in illegal drug medications. activity. These funds should go to local law enforcement agencies. NLC calls on Congress to include statutory language in future substance abuse disorder 2. Enforcement prevention, intervention, treatment and Current enforcement efforts have simply not recovery funding that would require States been effective in controlling the manufacturing, sale, distribution and use of that receive a federal block grant for illicit drugs. NLC believes that better substance use prevention, intervention, definitions in state and federal laws related to treatment and recovery services to pass illicit drug and alcohol use will enhance through 80 percent of the funding within 90 enforcement efforts. days of receiving the award to local To improve this situation, sufficient federal governments and programs. Once a State resources must be committed to ensure that enforcement strategies are realistic and are receives a federal block grant for substance coordinated with efforts in education, abuse disorder prevention, intervention, prevention, treatment and research. treatment and recovery it should be required to inform all local governments in the State NLC supports: on how the State intends to distribute the • The maintenance of adequate funding for funding to support local programs. NLC also local, federal and state law enforcement urges Congress to require each State to agencies to deal with drug-related submit a comprehensive report on how they problems; • An increased focus on enforcement are using federal funding to support local against those involved in cases that are programs for prevention and treatment of determined as high-level manufacturing, substance abuse disorders. sales and distribution of illicit drugs, especially those selling or furnishing illegal drugs to minors; 1. Economic Deterrents • Prosecution to the fullest extent of the law In order to effectively address the drug issue, for those involved in violent crime related the economic incentive is a critical element to to illegal drug use;
2021 Public Safety and Crime Prevention 227 • Increased penalties for those convicted of in the context of other crimes and problems drug offenses where firearms are requiring prevention, intervention, and possessed by the offender; prosecution. • Increasing the use of federal law enforcement in the interdiction, arrest, All levels of government must make search, and seizure of illicit use and sale domestic violence initiatives a priority on of drugs; their agendas. Federal legislation should be • Federal assistance in the arrest and enacted to provide funding and support for prosecution of those responsible for the local government programs to address the death or injury of public safety and law problems of domestic violence through enforcement personnel involving official prevention, intervention, treatment, and investigations of illegal drug operations; effective prosecution. Legislation must take • The utilization of extradition as a key tool into account the potential impacts on already in combating international trafficking; 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 • Establish a central point for the collection • Federal funding and assistance to every and dissemination of information on state to establish and maintain domestic violence programs taking place Prescription Drug Monitoring Program across the country that includes examples (PDMP) and to ensure these programs of what is and is not working, the achieve data uniformity and implement progress of legislative initiatives at both information sharing across all state the state and federal levels, recent studies PDMPs. The federal government should on domestic violence issues, and other also require healthcare providers utilize relevant information; the PDMP prior to prescribing • Assist all levels of government in the medications to patients. development of programs that work with children exposed to domestic violence F. Domestic Violence and in the development of general Domestic violence is a serious social crime education programs for all children on and a criminal justice problem that domestic violence issues; and significantly impacts our nation’s cities and • Fully fund the Violence Against Women towns in a variety of ways, including Act programs, as well as, efforts which emergency shelters, schools, law support the abolition of physical, sexual enforcement and emergency medical service and psychological human rights abuse agencies, and the courts. Domestic violence and oppression of women. crosses all socio-economic strata and should not be viewed as a private family matter, but
2021 Public Safety and Crime Prevention 228 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 factors prior to release and then require these include the cooperation of corrections prisoners to seek continued treatment prior to officials, probation and parole officers, and upon re-entry. Furthermore, the federal former offenders who can serve as mentors, government should encourage state families, police, prosecutors, the court governments to require policies mandating system, mental health administrators, that all state prisoners have DNA collected healthcare providers, housing agencies and during the initial screening and exiting rental advocates, substance abuse counselors, process in an effort to solve open cases. businesses, educational and vocational training providers, victim advocates, For prisoner reentry to succeed, reintegration community- and/or faith-based must be emphasized as soon as a prisoner organizations, neighborhood associations enters a correctional institution. Emphasis and coalitions, researchers and records must be placed on identifying a prisoner’s personnel, and public affairs officers. specific risk factors, providing treatment while in custody, and following up with Congress should pass legislation community-based treatment once a prisoner guaranteeing that appropriate programs such is released. Programs must be implemented as Medicaid, Social Security Disability, on both the federal and state level to involve educational or vocational retraining, and the prisoner’s family unit or mentor in any other federal benefits, are available to eligible decisions or treatment plans, both during individuals on the first day of their release, incarceration and at the time of release. ensuring access to the necessary services and
2021 Public Safety and Crime Prevention 229 resources vital to making a successful help. Combating human trafficking requires transition back into society. a collaborative, comprehensive approach across all levels of government. H. Driving Under the Influence and Distracted Driving To combat human trafficking, sufficient The enforcement of laws for distracted federal resources must be committed to driving (including texting or the use of ensure that law enforcement strategies are mobile devices) and driving under the realistic and are coordinated with efforts in influence, adjudication of cases, treatment of education, prevention, and support of offenders, prudent punishment of repeat victims. offenders and the development of public awareness are all important state and local NLC supports: functions. • Congressional action that will provide adequate funding for the Trafficking The role of the federal government, through Victims Protection Reauthorization Act, the National Highway Traffic Safety which gives law enforcement additional Administration in assisting state and local tools and resources to prevent human governments should continue and be trafficking, investigate human trafficking expanded. These efforts should focus public crimes, promote increased cooperation attention on the distracted driving and driving among federal agencies, between the U.S. under the influence problem, facilitate public and other countries, and between federal, and private sector actions to counter the state and local law enforcement. problem and provide administrative support • Congressional authorization and funding for interstate coordination of driving under of block grants to localities to support the influence countermeasure efforts. comprehensive local approaches to stopping sex trafficking of minors I. Stopping Human Trafficking through prevention, support for victims, Human trafficking is a modern-day form of and resources and support for the police slavery that impacts people of all ages and of and prosecutors who pursue justice both genders, where services, labor, or sex against traffickers, pimps and others who are supplied by victims who are forced, participate in or coordinate these crimes. defrauded or coerced to work through such • Federal programs that train key state, methods as involuntary servitude, debt local government, and non-profit bondage, and forced labor. At the heart of this personnel, as well as make efforts to heinous crime are the myriad forms of increase the public’s awareness of human enslavement – not the activities involved in trafficking. international transportation—and hundreds of thousands of U.S. citizens and other J. Mental Illness and Criminal Justice permanent residents, including kidnapped As people with mental illnesses continue to and homeless youth, are considered to be at come in contact with the criminal justice risk for or victims of trafficking. Victims of system, communities across the United States human trafficking live among us in our cities struggle to develop interventions and and towns, but are typically captive and supports that improve outcomes for these isolated, unaware of their rights, powerless to individuals, their service providers, and the access services, and afraid to ask law public. enforcement and other authority figures for
2021 Public Safety and Crime Prevention 230 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 service personnel, and others) to properly system. Numerous studies confirm that racial respond to mental health calls. Federal minorities, especially African Americans and programs that fund joint efforts between law Latinos, are more likely to be arrested, more enforcement and health officials to reduce likely to be prosecuted and more likely to be repeat calls for service and better serve incarcerated for offenses than whites accused people with mental illness are also crucial to of the same crime. reducing unnecessary interactions between police and the mentally ill. NLC supports federal legislation and action which eliminates discrimination in the Mentally ill persons who do not receive enforcement of our criminal justice system. psychiatric treatment and/or fail to comply NLC opposes profiling of suspects based with their medications regimen are solely on race, ethnic origin, religion, gender significantly more likely to face arrest. For identity, poverty or other similar factors. this reason, NLC supports funding for programs that improve the screening of In addition, the federal government should incoming jail and prison detainees for mental assist local law enforcement agencies in their illness; the diversion of individuals to mental efforts to provide data collection and analysis health programs when appropriate; education and training for law enforcement increasing the availability of grants for officers regarding de-escalation techniques, mental health courts and other diversion crises intervention, appropriate use of force
2021 Public Safety and Crime Prevention 231 and enforcement techniques, explicit and promote effective crime reduction while implicit racial vias, and proper and unbiased building trust. The final report of the Task investigative procedures. Force was delivered to the President on March 2, 2015 that included a total of 63 L. Poverty recommendations, most of which were Crime statistics demonstrate the significantly directed at the approximately 18,000 state greater risks of direct criminal victimization and local law enforcement agencies spread of poor people.2 In addition, indirect throughout the country. victimization of crime also falls disproportionately on poor individuals. NLC supports the report’s findings that Neighborhoods with large concentrations of encourage collaboration with community low income people are also generally the members, especially in communities and geographic areas of cities in which there are neighborhoods disproportionately affected greater reports of crime, particularly street by crime, to develop policies and strategies crime. Other chapters of the National for deploying resources that aim to reduce Municipal Policy cover a variety of programs crime by improving relationships, increasing and initiatives to reduce poverty and address community engagement, and fostering affordable housing issues. These should be cooperation. viewed as a way to get at the root causes of crime and violence. NLC calls on Congress and the Administration to provide financial and M. Improve Policing in the 21st Century technical assistance to local governments to NLC believes that trust between law help implement the applicable enforcement agencies and the people they recommendations of the Task Force on 21st protect and serve is essential to the stability Century Policing and to assist municipalities of our communities, the integrity of our with their efforts to make sure law criminal justice system, and the safe and enforcement training provides the foundation effective delivery of policing services. to cultivate police officers as leaders in – and Unfortunately, high-profile officer-involved guardians of – their communities by killings have exposed racially divisive issues providing increased training in racial and in the relationships between local police and implicit bias, intelligent restraint and de- the communities they protect and serve, escalation tactics and the use of nonlethal especially in communities of color. force.
In December 18, 2014, President Barack N. Federal Asset Forfeiture Program Obama signed Executive Order 13684 The criminal and civil asset forfeiture has establishing the Task Force on 21st Century long been an effective law enforcement tool Policing to examine ways of fostering strong, to fight against illegal profiteering and to collaborative relationships between local law deter crime. The federal asset forfeiture enforcement and the communities they program, when it is properly managed and protect and to make recommendations to the regulated, redirects illegally gained property President on ways policing practices can to be used by law enforcement to combat
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. 2021 Public Safety and Crime Prevention 232 criminal activity consistent with federal and program. We strongly believe and future state regulations. efforts to change or severely limit local law enforcements ability to participate in the When Congress passed the Civil Asset federal civil asset forfeiture program should Forfeiture Reform Act of 2000 (CAFRA), not give safe harbor to the cartels and P.L. 106-185, it made significant reforms to professional criminals who engage in drug the Department of Justice’s asset forfeiture trafficking, human trafficking and child program to ensure property owners are pornography. NLC believes Congress should afforded adequate due process before their maintain the method for reimbursement of property was forfeited. state and local agencies that have committed resources participate in joint Federal task NLC strongly supports the provision in the forces, while also establishing appropriate law that authorizes the Attorney General to requirements that safeguard individual rights transfer or share seized assets with other and remove financial incentives for potential federal, state, local, or foreign law misconduct. The Department of Justice enforcement agencies who have participated should also pursue sanctions against local in the investigation or proceedings that law enforcement agencies that habitually resulted in confiscation. The civil asset misuse the federal civil asset forfeiture forfeiture program provides millions in program. additional funding to support local law enforcement agencies ability to continue to 6.02 Public Safety participate in federal task forces targeting criminal and gang activity. A. Problem Statement Public safety requires the commitment of all NLC is concerned that Congress’s continued levels of government. Information sharing scrutiny of the civil asset forfeiture’s among levels of government must be peculiarities in greater detail because of comprehensive and timely. Through the joint ongoing allegation of misconduct by local efforts of local, state, and federal law enforcement agencies it may once again governments, as well as the responsible consider legislation to change or limit the actions of individual residents and corporate Department of Justice’s ability to transfer citizens alike, the safety and well-being of property and funding to state and local law our business and civic communities can be enforcement agencies through the civil asset controlled successfully. forfeiture program. NLC believes the reforms already implemented by the Department of B. Goals Justice address many of the concerns that • In order to keep our cities and towns safe: have been raised regarding asset forfeiture The federal government should assist and that any further steps to reform the cities and towns across the nation in program should only be taken after careful acquiring modern emergency consideration as to not further weaken this communications capabilities and valuable tool that aids state and local law advanced law enforcement technology; enforcement in protecting our communities. and • Federal, state and local law enforcement NLC opposes federal legislation that would must share information and intelligence limit local law enforcements ability to across intergovernmental and participate in the Federal civil asset forfeiture jurisdictional boundaries.
2021 Public Safety and Crime Prevention 233 NLC strongly urges flexibility in the use of C. Public Safety Technology and federal public safety funds for upgraded Intelligence technology and training. Many 1. Public Safety Technology and Intelligence municipalities face great difficulty in Goals purchasing necessary public safety NLC urges the federal government to assist equipment because of budget constraints or local governments across the nation in inability to qualify for available funds. New acquiring modern emergency duties placed on law enforcement related to homeland security have constrained budgets communications capabilities and advanced further. NLC urges the federal government law enforcement technology. Specifically, to assist all municipalities with public safety the federal government should: advancements without imposing stringent • Make surplus equipment available to compliance guidelines. local governments (without undue restrictions on use) that would improve 2. Emergency Communications emergency response capabilities; Having the capability to transmit vital • Provide funding for research and training information to different emergency response opportunities and publicize these personnel among all levels of government opportunities; without interference and delay is key to • Make direct, flexible grants to local disaster preparedness and emergency governments for local law enforcement response. No man, woman, or child should and fire safety training and equipment; lose his/her life because public safety • Conduct regular, well publicized training officials cannot communicate with one sessions and provide coordinated another. technical assistance to local public safety personnel operating public safety The federal government should take technologies; immediate action to provide local • Encourage manufacturers to make public governments with the broadcast channels safety equipment available at reasonable needed to enhance their communications costs to local government that can be capabilities. Reliable and interoperable easily upgraded for future purposes; wireless communications are essential to • Provide technical assistance and funds to public safety’s mission to protect life and local police for the adoption of advanced property. policing technology, particularly alternative use of force options that help The federal government should encourage safely deescalate violent situations; and regional planning for public safety • Provide technical assistance and support communication needs and address the current to established intergovernmental shortage of spectrum channels with a long- institutions to ensure a collaborative term plan that ensures sufficient and exchange of information that maximizes appropriate spectrum to meet future public resources, streamlines operations, and safety needs across the nation, improves the ability to fight crime and communications equipment with open terrorism by merging data from a variety standards, and funding for the necessary of sources. building, operation, and maintenance of a national interoperable emergency communications system. If federal
2021 Public Safety and Crime Prevention 234 reallocation of radio spectrum forces a emergency communications systems municipality to change radio frequencies throughout the nation. These efforts must and/or channels to preserve its public safety continue to respect the premise of local and emergency communications services, autonomy, avoid burdensome mandates, and there should be prompt and fair reflect the need for greater funding in compensation made for transfer costs, such as underserved jurisdictions. new equipment and additional personnel and training. (NLC’s policies on public safety 3. Law Enforcement Technology communications are detailed further in the The ability to transmit and access ITC Chapter of the National Municipal information quickly and easily helps local, Policy.) state and federal law enforcement agencies prevent and reduce crime. The federal The federal government should also link all government should facilitate criminal records emergency warning systems across the information sharing among all levels of nation, supplying all areas with appropriate governmental law enforcement agencies. equipment so that no area is left unprotected. Such an information system would provide Emergency alert systems should be used to law enforcement agencies a tool to track and ensure that any presidentially declared apprehend transient, violent, repeat emergency, homeland security, and National offenders, and/or suspected terrorists and Weather Services alerts are timely and share information with prosecutors, courts, 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
2021 Public Safety and Crime Prevention 235 facilitate the availability of these such as establishing fusion centers. The technologies to cities regardless of size. federal government should continue to refine policies and practices surrounding these 4. Training institutions to ensure all activities respect As local governments acquire new public civil liberties and privacy concerns. safety technologies, the federal government should continue to promote interagency D. Transportation of Hazardous Materials sharing of equipment during emergencies The transportation of hazardous materials, among all levels of government and provide including nuclear waste, must be made as training to local public safety personnel. To safe as possible. Minimizing the danger of promote greater compatibility among injury, environmental damage and other costs training programs and curriculum, the federal of such events requires knowledge of the government should lead efforts to ensure that materials so that appropriate measures can be public safety training programs provide a taken and decisions made regarding level of consistency among all agencies, evacuation or traffic diversion. NLC urges which are essential to implement mutual aid the federal government to provide adequate and regional cooperation agreements. funds, training and equipment to all cities Federal assistance that enables local affected by the transportation and disposal of governments to improve public safety hazardous waste to assure the protection of services will always be a key component to public health and safety in the event of an reducing crime, planning for and predicting accident. disasters, and responding to emergencies. The federal government must also ensure that 5. Information Sharing the transport of high-level radioactive waste Access to both specific and aggregate (HLW) be safely accomplished by employing information on public safety threats — state of the art technology, engineering and ranging from acts of terrorism, to health procedures. threats, to gang violence trends — gathered by the federal government, should be shared 1. Consolidation of Federal Programs with local law enforcement and other NLC supports federal efforts to consolidate necessary agencies in potential impact areas. hazardous materials policies and to designate the U.S. Department of Transportation The federal government must continue to (DOT) the lead federal department. NLC improve standing task forces, centers, and believes that when more than one federal institutions for sharing classified information agency regulates a hazardous material, the on threats with first responders. Both federal appropriate agencies must take steps to financial and technical assistance, as well as correct conflicting or inconsistent policies. on-site assistance of federal personnel, should be provided to local government, to 2. Standards assist in these information sharing National Hazardous Materials Driver institutions and joint analysis efforts. Standards NLC supports federal hazardous materials The federal government should assist local driver training standards that are tailored to law enforcement with acquiring the proper the transportation of specific materials. As a equipment, technology, and training to prerequisite to receiving a license, drivers of participate in information sharing activities,
2021 Public Safety and Crime Prevention 236 such vehicles must be required to certify that centralized emergency response command they have received special training. structure within each of their jurisdictions to improve inter-jurisdictional communications 3. Insurance when an accident does occur. There must be NLC supports existing federal regulations terrorism response plans for shipments of that require motor carriers to maintain hazardous materials. sufficient liability coverage. NLC also supports continuation of federal law that The federal government should set minimum provides supplemental liability coverage in training and education standards, require all the event of a catastrophic accident involving stakeholders to participate, and offer radioactive materials. technical and financial assistance to support these efforts. The federal government should 4. Notification and Communication evaluate and certify training programs used NLC encourages federal guidelines to clarify by regional, state and local emergency the level and frequency of notification and personnel. communications between state and local officials necessary to protect public safety. 6. Enforcement Currently available technologies and systems NLC believes that the federal government must be used to ensure immediate should continue to be responsible for the communication between transporters and all enforcement of hazardous materials 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
2021 Public Safety and Crime Prevention 237 while opposing federal preemption of local communities, businesses and all levels of fees on carriers. government. Local governments are the first level of government to respond to most Motor Carrier Safety Assistance Program disasters and emergencies and must be (MCSAP) grants from the Highway Trust regarded as the focal point of all disaster Funds should be increased and made mitigation and recovery activities. The available to local governments. federal government should provide funding directly to local governments for homeland E. Mental Health and Public Safety security, emergency preparedness and Major criminal incidents and emergencies response. have a significant impact on the psyche of citizens and first responders alike. An effective system must be developed to Immediate support after traumatic incidents ensure that federal and state emergency can ensure that witnesses provide first management officials conduct substantive responders with more lucid descriptions of consultations with local officials for key the event and prevent significant long-term decision-making affecting homeland mental health concerns. First responders to security, disaster preparedness and response traumatic events also require psychological at the local level. support. In both cases, psychological conditions, post-traumatic stress disorder, or Federal and state technical and financial substance abuse may develop or worsen if not assistance should be structured to allow local addressed. officials maximum flexibility in meeting identified needs. Regarding the homeland Psychological first aid, crisis counseling, and security funding formula, NLC supports the response worker support are all key to federal government continuing to fund risk- mitigating these issues. The federal based threats in highly populated and high- government should assist with resources and threat areas. NLC also supports a minimum the coordination of non-profit entities and level of funding for state grants sufficient to state and local governments to ensure a allow jurisdictions to prepare for possible continuum of care is available to victims of terrorist-based threats, with flexibility to use crimes and disasters—particularly after the funds for dual-use (risk and all-hazards) major emergencies and incidents. These pursuant to their state homeland security efforts must include awareness and education plans. of access to behavioral health treatment to prevent negative effects following a The potential for hazardous or radioactive devastating event. material spills, pipeline accidents, large scale social disorders, and domestic terrorism 6.03 Homeland Security, Disaster compels all levels of government to Preparedness and Response coordinate efforts to protect communities. Such coordination must result in a comprehensive national homeland security A. Problem Statement and disaster preparedness strategy. The The lives lost, property damaged, and Department of Homeland Security must economic hardships suffered due to criminal continue to have a central office for and terrorist acts and natural, manufactured coordinating local and state domestic and technological disasters pose severe preparedness activities. Regional plans and problems for individual residents,
2021 Public Safety and Crime Prevention 238 cooperation must be fostered through this the disasters of today, the federal government central office. should collect data on the effects of disasters and lessons learned from the analysis of such B. Goals data should be disseminated to aid state and In order to maintain viable communities and local disaster-related efforts. Similarly, the an economically sound nation, all levels of federal government should provide government must work together to reduce the assistance to state and local governments to likelihood of disaster losses incurred. help them conduct annual hazard and risk Specifically, the federal government should: assessments to determine the vulnerability of • Continuously strive to improve the particular areas or structures to disasters or coordination of local, state, and federal terrorist acts based on historical and/or disaster preparedness plans, including intelligence information. Emergency Management Assistance Compact (EMAC) operations; The federal government can also help • Assure continued availability of adequate mitigate potential disasters by working property and casualty insurance and closely with local governments to develop a excess insurance coverage to all regions useful uniform emergency warning system to of the nation, at affordable rates without ensure that as people travel throughout the unreasonable exclusions or geographic nation, they will be informed of existing redlining; emergencies and advised how to respond. • Provide clear and appropriate division of The federal government must also educate responsibilities between local, state, and and train local emergency services on the federal governments in presidentially- effects of disasters and lessons on the declared disaster areas, with clear warning system and what precautions need to channels and protocols between leaders, be taken. including maintaining the appropriate In addition, the federal government should role of the U.S. military forces in fund and support a sustained effort to develop supporting emergency response; and improve the nation’s health and medical • Ensure FEMA has the funding, authority, readiness, ensuring surge capacity in disaster clear mandate, and flexibility it needs to situations. Our nation’s hospitals and other respond quickly and effectively; and medical facilities operate at or near maxim • Do nothing to impede efforts by first capacity and lack the space and staff to responders and state and local authorities. adequately care for the influx of victims in a disaster situation. All levels of government C. Prevention, Planning, and Mitigation must work together to pre-assess high-risk The highest priority of all levels of areas, build and pre-position the necessary government in addressing disaster and medical infrastructure, including mobile and terrorism issues should be prevention and temporary response centers, and create clear mitigation. Mitigation saves lives and and comprehensive health care related reduces injuries; reduces economic losses; disaster plans. (See HD Chapter 4.08 maintains and protects critical infrastructure; “Health” for additional policy on public and reduces the liability borne by local health and disaster planning) governments and elected officials. The federal government should provide an Knowing that improved safety from disasters adequate level of funding for local in the future relies on what we can learn from emergency preparedness and disaster
2021 Public Safety and Crime Prevention 239 planning and management. Such funding • Sufficiently fund agricultural should allow a city to tailor its disaster counterterrorism and food safety efforts; preparedness planning to the special and circumstances and needs of the area, • Adopt strict standards for the particularly to any facilities and densely enforcement and transport of hazardous populated areas that have the potential to be materials. terrorist targets, as well as provide local governments with appropriate emergency D. Disaster Response and Recovery response equipment and communication as Federal programs should be structured to necessary. support municipal governments with adequate funding and authority to In addition to directly assisting cities and immediately and effectively respond to all towns in their mitigation efforts, NLC urges types of disasters, including training and the federal government to: equipping first responders and the public and • Require federal agencies to develop and private medical community. coordinate pre- and post-disaster mitigation programs for the types of The federal government must increase emergencies they manage; funding to local governments for response, • Provide fiscal, technical, and staff including processes to resolve equity issues support for the development and in disaster relief efforts. The federal operation of fusion centers and other government must review all regulations standing information sharing institutions; dealing with disaster relief that raise equity • Develop a comprehensive evaluation of issues, and based on such a review, propose risk factors for potential terrorist targets; corrective action. Specifically, when • Make their mitigation training programs multiple cities have been damaged by a more accessible and affordable and disaster, a formula or waiver process should ensure that proven mitigation technology be available to resolve disaster-related is more widely publicized and utilized; damage in a fair manner. The federal • Support local governments in their efforts government also should allow municipalities to encourage the public and private to request their municipality be declared a sectors to retrofit existing structures to disaster independently of other local reduce future losses from natural government entities Accidents or terrorist disasters and to locate new construction acts involving nuclear, biological or chemical outside of high-risk areas such as flood (NBC) materials represent a special subset of plains, coastal areas or on or near disasters. The federal government must earthquake faults; ensure that local governments and their first • Encourage lending institutions to responders have the resources and capacity to incorporate mitigation provisions as address and respond to NBC incidents. The conditions for loans; federal government should coordinate with • Enact legislation that will allow for state and local governments for public federal assistance in the accreditation of education regarding NBC incidents. municipal levees in a cost-effective and responsible manner; Additionally, the federal government should • Support federal programs to encourage assist in the establishment and training of public, private, and individual disaster interdisciplinary, multi-jurisdictional search plans, such as Citizen Corps; and rescue teams in each state to respond to
2021 Public Safety and Crime Prevention 240 and recover from natural and manufactured Information or intelligence on likely or disasters. imminent acts of terrorism, gathered by any means by the federal government, must be When a city is asked by the federal shared across agency lines and with local government to provide services to citizens enforcement agencies in potential impact from jurisdictions outside their own in times areas. A policy for sharing certain classified of a declared state of emergency, it is the right information on threats or potential threats of of that city to recoup reimbursement from the terrorism with first responders must be federal government for expenses. Federal implemented. Both federal financial agencies must reimburse cities outside the assistance and federal personnel should be declared state of emergency for costs related provided to the local government to disaster evacuation and sheltering, immediately when terrorist acts take place. including straight time for city employees The federal government must include local and the use of city-owned sheltering facilities governments in federal plans and operations at the direction of the federal government. relative to issues in their jurisdictions and provide legal assistance to local governments E. Training and Technical Assistance that have high profile public or private targets The federal government must provide within their boundaries. technical assistance and regional training devoted to disaster preparedness and G. Border Security response. This technical assistance should NLC supports increased coordination and include the gathering and regular cooperation between federal, state and local dissemination of information to local law enforcement agencies to achieve governments on general disaster issues and operational control of our nation’s borders. terrorist threats as well as specific disasters When all agencies work together and share where they occur. This sensitive information information, our borders will become less must be shared with local government porous and our nation will be safer. Local without jeopardizing national security. As law enforcement should not be conscripted part of its technical assistance efforts, the into Federal border patrol service. If the federal government should encourage federal government does require local law regions to share resources and equipment enforcement to act on its behalf, absolute needed for preparedness and response immunity and/or indemnification should be through mutual aid agreements and regional given so that localities are not liable for the coordination. actions taken on the federal government’s behalf. All costs associated with F. Terrorism enforcement, training and equipment for The federal government should help local these duties should be paid directly to the authorities by providing appropriate training local jurisdiction by the federal government. to local governments in terrorism prevention. Public safety personnel must be taught and H. Immigration Enforcement provided the necessary equipment to manage 1. Interaction with Local Law Enforcement a situation involving weapons of mass Local police have a responsibility to destruction, including biological or chemical cooperate with the federal government to weapons. apprehend specific persons identified as having committed a crime and violated US immigration laws. Local police should
2021 Public Safety and Crime Prevention 241 promptly report to appropriate federal 3. Cost Recovery immigration authorities any reasonable Any costs associated with the detention of suspicions they have regarding persons illegal immigrants on behalf of the federal already in their custody. However, local government must be fully reimbursed to local police should not be responsible for the governments. NLC strongly supports full enforcement of federal immigration laws or funding of the State Criminal Alien the ongoing detention of individuals merely Assistance Program (SCAAP), which suspected of violating those laws. Local provides funding for the costs of detaining personnel cannot be conscripted into federal illegal immigrants. service because the federal government has decided not to fund and staff its immigration 4. Visa Requirements enforcement agencies to meet demand. This The federal government must address type of action can divert local personnel from unlawful immigration by increasing their primary duties, break important trust enforcement over those individuals who enter that has been built within the immigrant the US legally with student, tourist or community and constitute a cost shift onto business visas and remain in this country local governments. The federal government after their visas expire. To effectively track should not transfer the responsibility of all individuals entering and exiting the U.S. enforcing U.S. immigration laws to local under the various visa systems, the federal police by making undocumented status in the government must enforce visa overstays U.S. a criminal offense. through the full implementation and staffing of the US-VISIT and the Student and The federal government has a responsibility Exchange Visitor Programs (SEVIS). The to share information with local law US-VISIT program is a biometric security enforcement on criminal immigrants. An measure which tracks individuals prior to accessible database that can track illegal entry and exit within the U.S., the SEVIS immigrants must be developed and local program is a web based system which police must be provided access and training maintains information on international on the database. students and exchange visitors in the United If the federal government does require local States. An accessible immigration database law enforcement to act on its behalf, absolute should be maintained that identifies when the immunity must be given so that localities are visa expires. Appropriate and timely review not liable for the actions taken on the federal of the visa status of individuals visiting the government’s behalf. All costs associated US should help to address this concern, as with enforcement, training or equipment for well as a mandatory notification of change in these duties must be paid directly to the local address. jurisdiction by the federal government. 5. Sanctuary Cities 2. Interaction with Local Officials NLC opposes federal legislation that would Other city personnel such as fire inspectors, impose harmful sanctions on local educators, health personnel and social service governments that have in affect a statute, personnel should not be responsible for ordinance, policy, or practice that prohibits or reporting those persons who cannot produce restricts compliance when a detainer request proof of their legal presence in the United or administrative warrant is issued by the States. Department of Homeland Security.
2021 Public Safety and Crime Prevention 242 Congress should ensure that the Department cyberspace, taking initial steps to review of Homeland Security’s detainer requests and federal policy on cyberspace, and reaching administrative warrant comply with the U.S. out to state and local governments, and the Constitution’s Fourth and Tenth private sector, on this issue. We would Amendments. Congress should also provide encourage that federal engagement with state additional resources and funding to the and local governments, as well as the private Department of Homeland Security to meet sector, continues to increase to ensure the the statutory requirements to enforce our safety of e-commerce and to secure critical Nation’s immigration laws and not force infrastructure from online threats while not local governments to take on the financial impeding on local authority. responsibilities and duties of federal immigration enforcement agents. The frameworks that have been established by the Department of Homeland Security for I. Protect Against and Respond to Cyber facilitating the sharing of information on Threats cyber threats among all levels of government, The growing number of attacks on our cyber such as the Multi-State Information Sharing networks has become "one of the most and Analysis Center (MS-ISAC) and other serious economic and national security members of the National Council of ISACs, threats our nation faces. Cyber-based as well as with the private sector, must be infiltrations of the nation’s electric grid, encouraged and expanded. water, sewer, and other critical infrastructure have already occurred, and have left behind The federal government should be required to software programs that could be used to disseminate cyber intrusion detection and disrupt the system. Municipalities that prevention tools to intergovernmental manage critical infrastructure such as utilities partners, and be permitted, when requested, and transit systems, as well as maintain to provide assistance to localities and other sensitive databases on individuals, public entities in addressing and repairing damages works, and industries are at considerable risk from a major cyber-attack and for advice on of cyberattacks. building better defenses.
NLC is concerned that information sharing NLC urges also Congress and the across all levels of government and the administration to continue to work to private sector remains challenged, often safeguard civil liberties and privacy of its leaving municipalities unaware of the latest citizens while maintaining the safety and threats to data systems. Many municipalities stability of the internet. are often not aware of steps that can be taken to mitigate threats to networks. NLC believes J. Local law enforcement access to the there is a crucial federal role in cybersecurity Department of Defense’s (DoD) Excess related to national security, protection of Property Program (1033 program) sensitive information and intellectual In September 1996, Congress authorized property, and the availability and continuity DoD to donate to State and local law of infrastructure. NLC applauds the enforcement agencies excess property Administration and Congress for recognizing suitable for use in counter-drug and counter- the increasing importance of securing terrorism activities.3 Local law enforcement
3 10 U.S.C. § 2576a, which was established by section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201) 2021 Public Safety and Crime Prevention 243 agencies have used the equipment acquired Compounding this issue, many local through the 1033 program to respond to communities are affected by the lack of critical incidents like the Boston Marathon resources required to provide the necessary bombing and other incidents where members levels of public fire safety education and of the public and public safety personnel have training, and firefighting personnel. Budget been under attack by heavily armed limitations, combined with the fire services criminals. This equipment is used during expanding responsibilities in homeland critical incidents to protect and rescue security, emergency medical services, members of the public and first responders. hazardous materials incidents response, More than 8,000 law enforcement agencies search and rescue, and other emergency around the country participate in the 1033 demands, translate to more duties and fewer program. dollars to support them.
Since the program’s inception, the Pentagon Rural communities face particular challenges has transferred property that has saved local in handling the problems that fire presents. taxpayers more than $5.1 billion, according Almost all rural and small city fire protection to the Defense Logistics Agency, which is provided by local citizens on a volunteer manages the transfers. Much of the basis, who have less time for training, pre-fire equipment is non-military items, including planning and prevention activities. In but not limited to office equipment, blankets addition, the distances that must be covered and sleeping bags, computers, digital in rural areas are greater and the availability cameras and video recorders, binoculars, of water supply is less, impeding response. flashlights, extreme weather clothing, repair Lastly, fewer new volunteers are signing up tools, first-aid supplies and TVs. for duty, signaling a potential crisis in adequate volunteer personnel. NLC urges the Administration and Congress to maintain policies that ensure local law B. Goals enforcement agencies continue to have The highest priority in fire safety is the access to the 1033 program to acquire surplus protection of life and prevention of injury to equipment that is essential for public safety the general population and fire protection from the DoD. personnel.
6.04 Municipal Fire Policy Better management of our fire protection resources and a continued society-wide commitment to fire safety education and fire A. Problem Statement prevention are necessary. Proven technology In the United States fire departments respond such as smoke detectors and sprinkler to nearly two million fires each year. systems should be more widely publicized Compared to other developed nations the and utilized. U.S. is severe. Our cities have higher death rates and per capita loss due to fire than cities Changing human behavior through fire of comparable size abroad. It also causes prevention, including fire safety education more loss of life than all-natural disasters and arson control, fire prevention and combined. Fire-related injuries number in outreach programs and the distribution of the tens of thousands each year. Since 1992, smoke alarms are critical in addressing our fire and fire casualty trends have declined. fire problem.
2021 Public Safety and Crime Prevention 244 • Research the problems of fire control and To focus attention on this commitment, continue developing improved safety annual goals for reduction of property loss, equipment for firefighters. The life loss and injuries should be established, information gained from this research, as and the U.S. Fire Administration should well as information on new techniques continue to report on progress toward and and technologies, should be made readily barriers to achieving these goals. available to local officials; • Actively and regularly solicit the advice C. Federal Roles and Responsibilities of elected municipal officials, municipal Fire protection will continue to be financed administrators, and fire professionals on on the local level, but federal government priorities for research and development programs established to help cities address efforts; and fire-related problems should be funded at a • Research methods to improve fire level commensurate with the size of the U.S. prevention and share the results of this fire problem. The federal government is in research with municipal officials. the best position to teach, train, and lead the fire service to higher levels of management 2. The National Fire Academy must: skills. The U.S. Fire Administration and • Maintain training programs for National Fire Academy should serve as a improvement of management and national focus for development and leadership skills needed for the dissemination of fire-related research, development of future fire service development and training of both the general officers; public and the nation’s firefighters. • Continue and enhance training programs for firefighters in order to increase fire 1. The U.S. Fire Administration must: fighter safety and reduce the number of • Continue to be the focus of federal fire deaths and injuries; programs and should be funded at a level • Supplement state and local training commensurate with the size of U.S. fire efforts by developing model training problems. Its programs should be programs for use by local firefighting designed to develop the highest level of administrations and line personnel; professionalism and management skill in • Receive sufficient funding to enable it to the administration of local fire function both as a central educational departments; facility and as a provider of training • Strive to improve the timeliness, sessions for local fire administrations and accuracy and geographic coverage data of line personnel; the National Fire Incident Reporting • Provide a forum in which fire executives System. This data and resulting analysis can exchange information on fire should be shared with local fire administration and management departments and research organizations; techniques, as well as new firefighting • Assist small cities in utilizing master methods and technology; planning procedures and developing fire • Actively solicit the advice of elected city reporting procedures; officials, administrative personnel and • Give priority to the education of fire fire professionals on the design of its personnel in the areas of fire safety, training programs; and public education, fire prevention, and • Continue and expand its “train the management skills; trainer” and other outreach programs to
2021 Public Safety and Crime Prevention 245 provide cost effective and current training arson-related training, program development, materials to fire departments of all sizes, and research activities need to be improved. both paid and volunteer. The U.S. Fire Administration should be 3. The Consumer Products Safety authorized and provided with adequate Commission should: appropriations to conduct a comprehensive • Give high priority to the improvement of arson training, program development, and the fire safety of consumer products; and technical assistance effort of national scope. • Encourage the use of voluntary Effective programs already developed should performance standards, design and be updated and shared through direct labeling practices and in extreme cases, technical assistance. make use of mandatory standards or product bans. The federal government should develop and provide programs for the orientation and D. Standard Setting education of public officials, the judiciary, The federal government should refrain from and prosecutors on arson issues in addition to adopting or giving other status to fire training fire and police personnel. standards developed by bodies not having adequate representation by elected officials. F. Firefighter Exposure to Hazardous Contaminants NLC urges that national committees National League of Cities (NLC) conducted constituted to develop fire service standards a study in 2009 found there was a lack of include significant representation of elected substantive evidence that was available at the municipal officials and municipal fire time to confirm or deny linkages between protection professionals. Mandatory firefighting and an elevated incidence of involvement of municipal officials will help to ensure that the resulting standards consider cancer. The report, however, concluded the the implications of the proposed standards on cancer research studies did provide solid local jurisdictions. groundwork from which future studies can be developed and improved and recommend E. Arson Control collaborative efforts by government, Those federal agencies who have the scientists, firefighters, municipalities, responsibility for the nation’s arson problem, national associations, and others to undertake particularly those with criminal justice and fire protection concerns, should implement additional research, establish a firefighter policies and effective programs to reduce cancer database, and seek more federal arson nationally. These policies and funding for research. programs should continue to be coordinated through an inter-agency committee on arson The National Fire Protection Association control. (NFPA) has recently conducted extensive research recently on the risk of cancer to National arson criminal data should be firefighters and concluded that firefighters accessible to state and local investigators, fire are exposed to highly toxic substances marshals, and law enforcement officials, and should encourage the comprehensive (including a variety of carcinogens) on the interstate reporting of arsonists. Federal fireground. The presumed health risk
2021 Public Safety and Crime Prevention 246 associated with fire ground exposures is ensure national firefighter registry is properly related to protection/hygiene practices and maintained and the data is validated to persistent harmful contamination found in provide an accurate account of firefighter cancer rates and causes. firefighter equipment, apparatus carrying that equipment, and stations where the equipment resides. Firefighter exposure to dirty, soiled, and contaminated personal protective equipment (PPE) is an increasing concern for long-term firefighter health.
In 2018, Congress passed the Firefighter Cancer Registry Act which authorized the Centers for Disease Control and Prevention (CDC) to develop and maintain a registry to collect data on firefighter cancer. The legislation calls for the collection of voluntary data including whether a firefighter is a career professional or volunteer, years on the job, the number of calls responded to, and incident type so that researchers can better understand the impact of smoke inhalation and other job-related dangers that may lead to cancer.
NLC believes it is important to the health of firefighters to properly clean PPE following a fire to prevent the transfer of carcinogens, particulates and biohazards. However, the high cost of realizing a comprehensive PPE cleaning program may limit some municipal fire departments, especially in small cities and towns with volunteer fire services, from implementing standard PPE cleaning procedures.
NLC urges Congress to provide additional funding as a part of the Assistance to Firefighters Grants to support local governments in implementing comprehensive municipal fire firefighter PPE cleaning program. NLC also calls on Congress to provide sufficient funding to
2021 Public Safety and Crime Prevention 247 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
NLC RESOLUTION #49
IN SUPPORT OF LEGISLATION TO REAUTHORIZE THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) AND TO ENSURE PROPERTY OWNERS ARE ABLE TO AFFORD INSURANCE FOR OTHER NATURAL DISASTERS SUCH AS WILDLAND FIRES
WHEREAS, Congress created the National Flood Insurance Program (NFIP) in 1968 to make affordable flood insurance available to homeowners, renters, and business owners in exchange for using Federal Emergency Management Agency (FEMA) generated and specified Flood Insurance Rate Maps (FIRMS) for floodplain management by a participating community; and
WHEREAS, the Flood Disaster Act of 1973 requires the purchase of flood insurance as a condition of receiving any form of federal or federal-related financial assistance for acquisition or construction purposes with respect to the insurance buildings; and
WHEREAS, the NFIP provides affordable flood insurance to property owners by encouraging local governments to adopt and enforce floodplain and water management regulations, best practices and techniques; and
WHEREAS, these mitigation efforts reduce and prevent flooding on new and improved structures, thereby saving lives and reducing injuries, reducing economic losses, maintaining and protecting critical infrastructure, and reducing the liability borne by local governments and elected officials; and
WHEREAS, in July 2012, the Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12) was enacted (PL 112-141) to extend the authorization of the NFIP through September 30, 2017; and
WHEREAS, there is still no viable private market for homeowners and businesses to acquire sufficient flood insurance coverage; and
WHEREAS, it is incumbent upon all of us to have a long-term, sustainable and viable NFIP with rates that are affordable; and
WHEREAS, accurate mapping is fundamental for local governments to assess and communicate risk to their communities and homeowners; and
WHEREAS, the current mapping process often results in local governments having to fight inaccurate maps that do not take into account locally built flood protection features and communities building off of outdated mapping, which results in artificially inflated risk. Further, many areas of the country are not mapped or mapped accurately, which results in communities who are at risk of flooding unaware of the risk; and
WHEREAS, unless Congress reauthorizes the NFIP, millions of home-owners and businesses will lose their flood insurance coverage and could default on their loans; and
2021 Public Safety and Crime Prevention 248 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
WHEREAS, in addition to flooding, many cities, towns and villages are impacted by the increasing severity of wildland fires; and
WHEREAS, the residents in these cities, towns and villages that have been hit hard by the wildland fires are finding it harder to get insurance for their properties for fire related damages; and
WHEREAS, private insurance for wildland fires and other natural disasters could quickly become unaffordable or unavailable, which will have a significant impact on local real estate markets and the economy.
NOW, THEREFORE, BE IT RESOLVED, that the National League of Cities (NLC) urges Congress to reauthorize the NFIP and to keep flood insurance rates affordable for primary, non- primary and business properties while balancing the fiscal solvency of the program; and
BE IT FURTHER RESOLVED that NLC urges Congress to consider legislation that would guarantee property owners have access to affordable fire, flood, and other natural disaster insurance programs; and
BE IT FURTHER RESOLVED that NLC urges the federal government to work with state and local governments, the insurance industry, and other stakeholders to develop an incentive-based disaster insurance and mitigation system that would encourage property owners to retrofit existing structures to reduce future losses from natural disasters; and
BE IT FURTHER RESOLVED that NLC urges the federal government to encourage lending institutions to incorporate mitigation provisions as conditions for loans; and
BE IT FURTHER RESOLVED that in order for local governments to help their communities and homeowners to adequately prepare for risk, Congress should provide additional resources to FEMA to utilize the best technology and methods available to improve the mapping process, including seeking the input from local government officials prior to approving any flood map that could impact local zoning rules.
2021 Public Safety and Crime Prevention 249 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
NLC RESOLUTION #50
IN SUPPORT OF FEDERAL EFFORTS TO ENSURE STATE AND LOCAL GOVERNMENTS HAVE THE AUTHORITY TO REGULATE THE MANUFACTURING, DISTRIBUTION AND SALE OF MEDICAL AND ADULT- USE CANNABIS
WHEREAS, in 1970, President Nixon signed the Controlled Substance Act (CSA) and listed “marijuana (cannabis)” in the most restrictive category, Schedule I, which was designated for substances that “have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse;" and
WHEREAS, the listing of cannabis as a Schedule I substance was supposed to be temporary pending a federal review by the newly formed National Commission on Marijuana and Drug Policy (more commonly known as the Shafer Commission)1; and
WHEREAS, despite the Shafer Commission's 1972 report concluded that "neither the marijuana user nor the drug itself can be said to constitute a danger to public safety," and recommended that cannabis possession for personal use no longer be considered a criminal offense2, cannabis remains as a Schedule I substance today; and
WHEREAS, throughout the 1980s, because cannabis was listed as a Schedule I substance, federal and state criminal penalties for cannabis became stricter and mandatory-minimum sentences were established3; and
WHEREAS, two-thirds of Americans say the use of marijuana should be legal, according to a new Pew Research Center survey4; and
WHEREAS, since 1996, 33 states and the District of Columbia have legalized the medical use of cannabis and since 2012, 11 states and the District of Columbia have also legalized the adult- use of cannabis; and
WHEREAS, The U.S. marijuana industry is expected to generate $85 billion in sales annually by 20305; and
WHEREAS, the millions of dollars in tax revenues that have been collected in states that have legalized medical and adult-use cannabis provide funding to local police, drug treatment and mental health centers, housing programs, and school program6; and
1 Amy Nordrum, "Why Is Marijuana A Schedule I Drug?," ibtimes.com, Feb. 19, 2015 2 National Commission on Marihuana and Drug Abuse & Raymond P. Shafer, Marihuana: A Signal of Misunderstanding, 1972 3 Eric Schlosser, "Marijuana and the Law," The Atlantic, Sep. 1994 4 Andrew Daniller, “Two-thirds of Americans support marijuana legalization,” PEW Research Center, Nov. 14, 2019, https://www.pewresearch.org/fact-tank/2019/11/14/americans-support-marijuana-legalization/ 5 Deborah Dsouza, “The Future of the Marijuana Industry in America,” Investopedia, https://www.investopedia.com/articles/investing/111015/future-marijuana-industry-america.asp, Jan. 15, 2020, 6 Josh Hamilton, "The Economic and Social Benefits of Taxing Marijuana," medium.com, Sep. 26, 2017
2021 Public Safety and Crime Prevention 250 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
WHEREAS, the legal cannabis industry in the U.S. employed more than 211,000 full-time workers in 2019 plus an additional 90,000 indirect full-time jobs, totaling more than 300,000 workers7; and
WHEREAS, the rising concerns about the conflict between federal and state laws on cannabis use led to a 2013 memo by Deputy Attorney General James M. Cole stated “that so long as states had good regulations, then the federal government would hold off on challenging marijuana legalization”8; and
WHEREAS, the roll back of Department of Justice’s 2013 Cole memo in 2018 by Attorney General Jeff Sessions is raising new questions about whether the federal government will crack down on states that legalized medical and adult-use of cannabis by instructing federal prosecutors to determine for themselves when to prosecute marijuana activities; and
WHEREAS, the threat of increased federal enforcement of the Controlled Substances Act has resulted in uncertainty of states and local governments ability to regulate the manufacturing, distribution and retail sale of cannabis for the safety and health of its residents; and
WHEREAS, rescheduling of cannabis would allow greater federal, state and local regulation of the industry to ensure the cannabis people are buying is not covered with mold, fungus, pesticides, or other harmful substances9; and
WHEREAS, rescheduling of cannabis would allow the federal, state and local governments to set rules and regulations that would restrict driving under the influence, set age restrictions on buyers and regulate the entire supply chain of cannabis, including growers, distributors, retailers, and testing laboratories10; and
WHEREAS, rescheduling of cannabis should also allow local governments to establish zoning restrictions on the manufacturing, distribution and retail sales of cannabis.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities (NLC) calls on the White House, U.S. Department of Justice and the U.S. Drug Enforcement Administration to reschedule cannabis by removing it from the list of Schedule I substances under the CSA; and
BE IT FURTHER RESOLVED, NLC urges Congress to pass legislation that would ensure states and local governments have the ability to establish laws and regulations on the manufacturing, distribution, and sale of medical and adult-use cannabis within the state; and
BE IT FURTHER RESOLVED, calls on the U.S. Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration, and the United
7 Kevin Murphy, “Cannabis Is Becoming A Huge Job Creator,” Forbes, May 20, 2019 8 Department of Justice, "Justice Department Announces Update to Marijuana Enforcement Policy," justice.gov, Aug. 29, 2013 9 American Public Health Association (APHA), "Regulating Commercially Legalized Marijuana as a Public Health Priority," Nov. 18, 2014 10 Bureau of Cannabis Control, "Medicinal and Adult-Use Cannabis Regulation," bcc.ca.gov
2021 Public Safety and Crime Prevention 251 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
States Department of Health and Human Services Food and Drug Administration to establish federal regulations for the manufacturing, distribution and sale of legal medical and adult-use cannabis.
2021 Public Safety and Crime Prevention 252 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
NLC RESOLUTION #51
IN SUPPORT OF FEDERAL LEGISLATION TO INCENTIVIZE STATES TO ENACT EXTREME RISK PROTECTION ORDER LAWS AND TO ENACT A FEDERAL EXTREME RISK PROTECTION ORDER LAW TO REDUCE FIREARM RELATED SUICIDES, MURDER-SUICIDES AND FAMILY FIRES
WHEREAS, a majority of the discussion in Congress regarding gun violence prevention overlooks the leading causes of firearm related deaths and injuries in the United States – suicide, murder-suicide and family fire; and
WHEREAS, six-in-ten gun related deaths in 2017 were due to a person using a firearm to commit suicide, according to the Center for Disease Control1; and
WHEREAS, in 2018, 27.8 percent of homicide victims were killed by someone they knew other than family members (acquaintance, neighbor, friend, boyfriend, etc.), and 12.8 percent were slain by family members2; and
WHEREAS, more than 65 percent of the murder-suicides involve an intimate partner and nine out of ten use a firearm3; and
WHEREAS, if a firearm is present in the home when a domestic violence incident takes place, the risk of homicide increases by 500 percent4; and
WHEREAS, the lifetime medical and work-loss costs for suicide in 2019 was estimated to be above $70 billion5; and
WHEREAS, we lose twenty-two military veterans a day to suicide and 2/3’s of such suicides are gun suicides, and
WHEREAS, more than 50% of all suicides in the United States are gun suicides, and
WHEREAS, most people who survive a suicide attempt never try again, only 10% of those who attempt suicide with a gun survive, and less than 50% of those who attempt suicide by any other means die, and
WHEREAS, suicide, murder-suicide and family fire are often associated with known risk factors that family members, cohabitants, law enforcement and other qualified professionals can
1 John Gramlich, “What the data says about gun deaths in the U.S.,” Pew Research Center, August 16, 2019 2 Federal Bureau of Investigations Uniform Crime Report (UCR) – Expanded Homicide Data, 2018. 3 Violence Policy Center, American Roulette: Murder-Suicide in the United States, Sixth Edition, 2018, http://vpc.org/studies/amroul2018.pdf 4 National Coalition Against Domestic Violence, “Guns and Domestic Violence,” https://ncadv.org/assets /2497/guns_and_dv.pdf 5 Florence C, Simon T, Haegerich T, Luo F, Zhou C. Estimated lifetime medical and work-loss costs of fatal injuries-United States, 2013. MMWR Morb Mortal Wkly Rep. 2015;64(38):1074-1077. 2021 Public Safety and Crime Prevention 253 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020 use to alert public safety and health officials through petitioning the courts when an individual is in crisis and could use a firearm to harm themselves or others. Such risk factors may include:
• a history of depression, suicidal ideations, violent outbursts or threats of violence, and exhibiting other such risky or threatening behaviors such as hopelessness, substance abuse, Post Traumatic Stress Disorder and other such health conditions, previous suicide attempts, violence victimization and perpetration, and genetic and biological determinants. • high conflict or violent relationships, sense of isolation and lack of social support, family/ loved one’s history of suicide, financial and work stress • inadequate community connectedness, barriers to health care (e.g., lack of access to providers and medications); and
WHEREAS, Extreme Risk Protection Orders, also called Gun Violence Restraining Orders, have been enacted in several states since first being implemented in Connecticut in 1999 (for law enforcement only) and in California in 2014 (for family and law enforcement), and have been found to greatly reduce the incidence of gun suicide and other gun related violence, and
WHEREAS, permitting law enforcement, immediate family members, co-habitants and other qualified professionals to petition a court to allow law enforcement to temporarily remove firearms, and temporarily prohibit the purchase or possession of firearms from an individual that is determined by the court to be a danger to themselves or others has proven to dramatically reduce the rate of gun violence where enacted and could greatly reduce gun violence in the United States, saving federal, state and local governments billions of dollars while saving lives.
NOW, THEREFORE, BE IT RESOLVED, the National League of Cities urges Congress to pass legislation that would allow certain immediate family members, co-habitants, law enforcement and other qualified professionals to petition a court to temporarily prohibit an individual from purchasing or possessing a firearm and direct local law enforcement to temporarily confiscate firearms from those same individuals who the court finds are at risk of committing suicide, murder-suicide, family fire or other gun related violence as a danger to themselves or to others; and
BE IT FURTHER RESOLVED, the legislation should also further prevent these individuals from purchasing or possessing firearms by requiring that their names be entered into the National Instant Criminal Background Check System until such time it has been determined by the court that they no longer pose a threat to themselves or to others; and
BE IT FURTHER RESOLVED, the legislation must ensure that any effort to confiscate firearms from individuals who may pose a threat to themselves or others requires local law enforcement to follow federal and state notification and due process protections; and
2021 Public Safety and Crime Prevention 254 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
BE IT FURTHER RESOLVED, an individual that makes a malicious claim against another person to have their firearms removed and prohibit them from purchase or possession of firearms should be subject to appropriate legal action by the state and local governments.
2021 Public Safety and Crime Prevention 255 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
NLC RESOLUTION #52
IN SUPPORT OF FEDERAL EFFORTS TO PREVENT AND TREAT FIRST RESPONDER POST-TRAUMATIC STRESS DISORDER (PTSD)
WHEREAS, protecting residents’ life and property is a vital part of ensuring the safety and security cities, towns and villages; and
WHEREAS, first responders, who are charged with protecting life and property, may experience a broad range of health and mental wellness consequences as a result of work-related exposures to traumatic incidents that include violent acts, death and destruction; and
WHEREAS, for the purposes of this resolution, the term “first responders” refers to municipal law enforcement, fire, and emergency medical employees who are responsible for the protection and preservation of life and property, and municipal emergency responders and public safety telecommunicators and dispatchers that provide immediate support services during traumatic incident that causes physical, emotional, or psychological harm to themselves or others.
WHEREAS, constant exposure to traumatic incidents involving death, dismemberment, abuse, violence, and destruction may exert a psychological toll on first responders, resulting in post- traumatic stress disorder (PTSD), substance abuse, depression, and even suicide; and
WHEREAS, the establishment of a strong prevention and early intervention systems that include crisis hotlines, routine mental health checks, and peer and family support programs can be key components of first responder mental health and wellness programs, provided they are appropriately researched and resourced; and
WHEREAS, while first responders may have access to support services to help reduce the risk of post-traumatic stress, studies have shown that they are less likely to seek because they are concerned about how they would be viewed at work if they had sought support; and
WHEREAS, studies have shown that concerns over the stigma and scrutiny from others about contemplating or attempting suicide is one of the primary reasons that prevents first responders from seeking help; and
WHEREAS, many first responders have military experience, and therefore their experiences as first responders pile onto a career that is already rife with trauma; and
WHEREAS, when first responders know and recognize the indicators or warning signs of an impending crisis and have the skills to talk to someone with mental illness, they are more likely to be comfortable confronting or breaking down the stigma about saying something to a peer or recognizing the warning signs for a self-referral; and
WHEREAS, the beneficial effects of peer counseling have been documented and key to the success of any peer support program is providing appropriate training and ongoing support and supervision for the peers.
2021 Public Safety and Crime Prevention 256 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
NOW, THEREFORE BE IT RESOLVED, the National League of Cities (NLC) urges Congress to establish a federal program, similar to the Department of Veterans Affairs’ National Center for PTSD program, within the Department of Health and Human Services that would:
• develop resources and training programs for community-based clinicians who interact with first responders and their families to help them better understand the unique risks facing their clients and what health and wellness programs may be available to them as members of the first responder community, • provide technical assistance to support the development of model policies and implementation guidance for public safety agencies to make substantial efforts to reduce first responder PTSD and suicide, • establish a national crisis hotline for first responders, • conduct research to determine the efficacy of regular mental health checks, establish which approaches are most effective, and provide resources that move public safety agencies toward best practices to reduce mental health issues among first responders, • establish remote access or regional mental health check programs to help first responders in small cities, towns and villages, • assist local public safety agencies to implement peer support programs to ensure all first responders have access to this important wellness service; and
BE IT FURTHER RESOLVED, NLC urges Congress to improve legislative privacy protections for first responders seeking assistance from peer crisis lines and other peer-support programs; and
BE IT FURTHER RESOLVED, NLC calls on Congress to create a public service campaign around first responder mental health and wellness in conjunction with National Mental Health Month.
2021 Public Safety and Crime Prevention 257 National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
NLC RESOLUTION #53
ON THE USE OF FORCE BY MUNICIPAL LAW ENFORCEMENT OFFICERS
WHEREAS, the police officer-involved killings of Ahmaud Arbery, Breonna Taylor, Dreasjon “Sean” Reed, George Floyd, Tamir Rice, and the countless other Black people and people of color have exposed racially divisive issues in the relationships between local police and the communities they are sworn to protect and serve, especially in communities of color; and
WHEREAS, Black Americans face a higher risk of being targeted and killed by police as compared to White Americans;1 and
WHEREAS, 235 African Americans were shot to death by police in 2019 alone,2 who are disproportionately subjected to police shootings; and
WHEREAS, NLC believes that trust between law enforcement officers and the people they serve and protect is essential to a municipality’s stability, the integrity of our criminal justice system, and the safe and effective delivery of policing services; and
WHEREAS, every person has a right to equal and fair treatment by law enforcement officers; and
WHEREAS, when it comes to governing a municipality, nothing is more important for local officials than protecting the public's safety; and
WHEREAS, in our civil society, local elected officials bear the responsibility of managing a municipality's public safety programs, including its police department; and
WHEREAS, the goal of managing law enforcement efforts by municipal governments must be to provide a safe, healthy environment in which ALL residents can live free from violence, fear, harassment, discrimination, and intimidation; and
WHEREAS, our country has a long history of disparate treatment of Black, Indigenous, Latino, and Asian Americans, especially Black and Latino people in our criminal justice system; and
WHEREAS, the excessive use of force by law enforcement has shown that discriminatory enforcement of criminal laws has a corrosive effect that undermines the community's confidence in law enforcement and interferes with our efforts to keep all members of the community safe; and
WHEREAS, it is the responsibility of local elected leaders to hold law enforcement officials accountable for unjustified, unnecessary actions that result in an abuse of power; and
1 https://www.pnas.org/content/116/34/16793 2 https://www.statista.com/statistics/585152/people-shot-to-death-by-us-police-by-race/ 2021 Public Safety and Crime Prevention 258
National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
WHEREAS, local elected officials work closely together with their municipality's law enforcement officials and residents to ensure police officers have the support, resources, and training they need to serve their communities with honor, integrity, moral character, and courage.
NOW, THEREFORE, BE IT RESOLVED that NLC’s Public Safety and Crime Prevention Federal Advocacy Committee requests that NLC develop recommendations for how municipal leaders can ensure their law enforcement agencies “use of force policies” are appropriate. These recommendations should be published and distributed to the NLC membership and the board. Specifically, NLC should propose recommendations relative to:
• complying with the U.S. Department of Justice’s Use of Force Continuum; • prohibiting maneuvers such as chokeholds that are intended to limit person’s ability to breathe or restrict person’s blood flow; • authorizing the use of “lethal” or “less lethal” force3 when there is imminent danger to the officer or to another individual; • requiring officers to use de-escalation techniques when there is no imminent danger to life and property; • requiring other officers that are at the scene of the incident to intervene and stop the use of force by officer(s), including using their arresting authority, if they believe the actions are unwarranted, unnecessary, or are an abuse of power by the officer(s); • requiring the law enforcement agency to log all use of lethal or less lethal force by officers to a national database that is searchable and available to the public; • requiring officers, who use force when it is not necessary, to be relieved of duty; • requiring officers equipped with body worn cameras to make sure the cameras are in recording mode anytime the officer is engaged in a potential incident that might require the use of force; • prohibiting officers from restricting witnesses to video record the use of force by officer(s); • ensure the public is able to call 9-1-1 or use an online reporting system when they believe an officer’s use of force is unwarranted or is in violation of an individual’s civil rights; • ensure law enforcement officers and other public safety employees are provided whistleblower protections when they report an officer use of force violation; and • requiring that all lethal and less lethal use of force actions be thoroughly investigated to ensure the incident warranted the use of force; and • requiring law enforcement executives to take immediate disciplinary action against an officer who used lethal or less lethal force, if it is determined that the use of force was unwarranted, unnecessary, excessive or was an abuse of power; and
3 As defined in the DOJ’s Use of Force Continuum 2021 Public Safety and Crime Prevention 259
National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
BE IT FURTHER RESOLVED that NLC calls on the U.S. Department of Justice to update the Use of Force Continuum4 to ensure that the continuum fully addresses structural and institutional racism on how the use of force is employed by local, state and federal law enforcement; and
BE IT FURTHER RESOLVED that NLC calls on Congress to: • establish a federal technical assistance and grant program that help local governments to establish violence interrupter programs5 and initiatives that employ community members with expertise, and reduce the overburden on law enforcement to respond to calls; and • provide additional funding for the community oriented policing grant program to help local law enforcement agencies implement and improve racial bias and de-escalation training; and • prioritize the awarding of the above funding to targeted municipalities that have repeatedly been cited for lethal or less lethal use of force violations, civil rights violations, or abuse of power by officers; and • provide additional federal funding and technical assistance to local governments to help administer mental health and wellness services to law enforcement officers; and • establish a National Database of Decertified Officers that local governments can use to vet officers who have been dismissed for such issues as unnecessary or excessive use of force, abuse of power, racial discrimination, and violation of individual’s civil rights; and • provide technical and grant assistance to local governments to establish transparent civilian oversight boards to investigate officer use of force violations.
4 https://nij.ojp.gov/topics/articles/use-force-continuum 5 Violence Interrupters cruise the streets of the toughest neighborhoods to identify and intervene in gang-related conflicts before they intensify. If a shooting has occurred, they seek out the victim's friends and relatives and try to prevent a retaliatory shooting. 2021 Public Safety and Crime Prevention 260