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Symposium Proceedings Final POLICE, JAILS, AND VULNERABLE PEOPLE NEW STRATEGIES FOR CONFRONTING TODAY’S CHALLENGES Hosted by University of Houston Law Center Criminal Justice Institute and the Health Law & Policy Institute in collaboration with: The University of Texas at Austin, Lyndon B. Johnson School of Public A!airs Other participating institutions: Hogg Foundation for Mental Health SMU Dedman School of Law South Texas College of Law The Earl Carl Institute of the Thurgood Marshall School of Law at Texas Southern University University of Houston Clear Lake, Dept. of Criminal Justice University of Houston-Downtown, Dept. of Criminal Justice The University of Texas at Austin School of Law SYMPOSIUM January 22, 2016 8:00 a.m. - 4:30 p.m. University of Houston Student Center South - Theater, Room 103 4100 University Drive Houston, TX 77204 6.25 Hours of CLE Credit, including 1.25 Hour of Ethics Credit Police, Jails and Vulnerable People: Strategies for Confronting Today’s Challenges Proceedings of a symposium held on January 22, 2016 University of Houston Symposium hosted by: University of Houston Law Center Criminal Justice Institute and the Health Law & Policy Institute In collaboration with: The University of Texas at Austin, Lyndon B. Johnson School of Public Affairs Other participating institutions: Hogg Foundation for Mental Health SMU Dedman School of Law South Texas College of Law The Earl Carl Institute of the Thurgood Marshall School of Law at Texas Southern University University of Houston Clear Lake, Dept. of Criminal Justice University of Houston-Downtown, Dept. of Criminal Justice The University of Texas at Austin School of Law Symposium Proceedings prepared by Michele Deitch, Senior Lecturer Lyndon B. Johnson School of Public Affairs, University of Texas at Austin and students in her Policy Research Project class March 2016 Symposium Proceedings These proceedings were prepared by graduate students in the Lyndon B. Johnson School of Public Affairs’ Policy Research Project class titled Increasing Transparency and Accountability in the Criminal Justice System. Project Director Writers Michele Deitch, Senior Lecturer Robert Arjet LBJ School of Public Affairs Nathan Fennell Rachel Gandy Team Leaders and Editors Emily Hebert Lucy Kellison Robert Arjet Rachel Liebman Emily Hebert Alyssa Morrison Meridith Prescott Bobak Reihani Erin Smith Gene Vela Contents Preface i Acknowledgements ii Symposium Agenda iii Conference Proceedings Welcoming Remarks 1 Session 1: Policing Issues in the 21st Century 2 Session 2: Ethical and Practical Considerations in Pretrial Detention 7 Session 3: Mental Health Diversion from Jail 12 Luncheon Address: Texas State Senator John Whitmire 22 Session 4: Jail Safety 25 Session 5: Legislative Roundtable 36 Closing Remarks 43 Biographical Sketches of Symposium Speakers 45 Preface The Symposium “Police, Jails, and Vulnerable People: New Strategies for Confronting Today’s Challenges” had its roots in a conversation that two of the organizers had in the late summer of 2015. Sandy Thompson of the University of Houston Law Center and Michele Deitch of the Lyndon B. Johnson School of Public Affairs were each thinking about the implications that the tragic death of Sandra Bland would have for criminal justice policy reform in Texas. With Prof. Thompson’s expertise focused more on bail reform and Prof. Deitch’s interest in jail safety, we wondered if there would be a way to bring these issues together. We believed that these issues-- along with matters related to policing and mental health--are intricately related, and that it is important for policymakers and advocates to understand that they all need to be addressed if we want to avoid further tragedies and improve the administration of justice for the most vulnerable members of our communities. We decided to organize a conference that brought together national experts on all these topics with an eye towards highlighting specific reforms that Texas might wish to consider implementing. The day-long Symposium, held on January 22, 2016, attracted almost 250 participants, attesting to the widespread demand for information and guidance about these critical issues. Because this was so much more than an “academic conference,” we wanted to ensure that what we all learned during that event would have a long-lasting impact and could reach an even wider audience after the fact. For that reason, we are making video from the conference available online, and we produced these Symposium Proceedings. We hope these materials will be of use to policymakers, advocates, criminal justice system practitioners, and citizens alike as they seek solutions to the challenges faced by vulnerable individuals who are caught up in the pretrial stage of the criminal justice system. Symposium Proceedings i Acknowledgements We are truly grateful to the many experts who devoted the time and energy to share their expertise with us at this Symposium. They, like all attendees at the Symposium, recognize the critical importance of the issues addressed here, and share a belief that this is a rare moment in time where events have focused national and statewide attention on the need for change. With their expert guidance, as presented at this conference, we have the potential to improve the criminal justice system, better protect vulnerable people, and make Texas a true leader on these fronts. We are also grateful to have such dedicated and knowledgeable legislators who are making criminal justice reform a priority for Texas. We thank them for their service and for their leadership on these issues. Special thanks go to Professor Sandra Guerra Thompson for sponsoring and hosting this important Symposium, and to Professors Melissa Hamilton and Daphne Robinson of the University of Houston Law Center and Dr. Lynda Frost of the Hogg Foundation for Mental Health for their contributions to the organizing of the Symposium. The Lyndon B. Johnson School of Public Affairs was honored to partner with all of you to make this event a reality. Finally, these proceedings were made possible by the hard work of my students at the LBJ School, who took notes at the sessions and who produced and edited these detailed write-ups. I am lucky to have such talented students who understand the importance of these reform efforts, and I truly appreciate their commitment to this project. Michele Deitch, Senior Lecturer Lyndon B. Johnson School of Public Affairs The University of Texas at Austin March 2016 Symposium Proceedings ii Police, Jails, and Vulnerable People: New Strategies for Confronting Today’s Challenges Symposium Agenda 8:00-8:40 Breakfast tacos and coffee; Registration 8:40-9:00 Welcoming remarks Prof. Daphne Robinson (UH Law Center) 9:00-9:30 Policing Issues in the 21st Century Introduction: Prof. Melissa Hamilton (UH Law Center) Speaker: Dr. Cedric Alexander (Chief of Police of DeKalb County, Georgia, President’s Task Force on 21st Century Policing) 9:30-10:45 Ethical and Practical Considerations in Pretrial Detention Moderator: Prof. Sandra Guerra Thompson (UH Law Center). Panelists: Dr. Marie VanNostrand (Luminosity Consulting), Jon Wool (Vera Institute) Rebecca Bernhardt (Texas Fair Defense Project) 10:45-11:00 Break 11:00-12:15 Mental Health Diversion from Jail Speaker: Dr. Lynda Frost (Hogg Foundation for Mental Health) Commentators: Gilbert Gonzalez (Bexar County Mental Health Department) Dr. Regenia Hicks (Harris County Mental Health Jail Diversion) Symposium Proceedings iii 12:15-1:30 Luncheon Speaker: State Senator John Whitmire (Chair, Senate Criminal Justice Committee) 1:30-2:45 Jail Safety Moderator: Prof. Michele Deitch (LBJ School of Public Affairs, UT) Panelists: Lindsay M. Hayes (Jail suicide prevention expert) Kate Eves (British Prisons Ombudsman) Wayne Dicky (Jail Administrator, Brazos County) 2:45-3:00 Break 3:00-4:15 Legislative Roundtable Moderator: Ross Ramsey (Executive Editor, Texas Tribune). Legislators: Sen. Konni Burton Rep. Garnet Coleman Rep. James White Rep. Gene Wu 4:15-4:30 Closing Remarks Prof. Sandra Guerra Thompson Symposium Proceedings iv Welcoming Remarks Speaker: Daphne Robinson, Research Assistant Professor, Health Law & Policy Institute, University of Houston Law Center. Professor Robinson welcomed attendees to the conference and urged audience members to read the Vera Institute’s new report entitled Incarceration’s Front Door: The Misuse of Jails in America (February 2015). Professor Robinson described how our jails and criminal justice system criminalize poverty by holding hundreds of thousands of people in pretrial detention. She mentioned the lack of examination into the reasons people end up in jails, given the number of incarcerated individuals who suffer from co-occurring disorders, including substance abuse and mental health concerns. Conference attendees, as she noted, included many experts who are interested in helping to promote healthy and vibrant communities and promoting public safety. She encouraged those in attendance to participate in meaningful reform and invoked several Dr. Martin Luther King, Jr. quotes in honor of the recent commemoration of his birthday. Symposium Proceedings 1 st Session 1: Policing Issues in the 21 Century Introduction: Prof. Melissa Hamilton, UH Law Center Speaker: Dr. Cedric Alexander, Chief of Police of DeKalb County, Georgia, and President’s Task Force on 21st Century Policing Prof.. Melissa Hamilton introduced Dr. Cedric Alexander, noting that he not only serves as Chief of Police in DeKalb County, Georgia, but was also a former CNN analyst and a member of President Obama’s 21st Century Policing Task Force. Dr. Alexander began by offering historical context regarding the widespread challenges communities have faced with regard to policing practices. He emphasized that police truly have not always acted in the best interests of the community. As an example, Dr. Alexander noted that during the Civil Rights era, police in many communities were used as an occupying force and ultimately a source of oppression. Remarking that the Civil Rights movement was only 50 years ago, he made the point that 50 years is a short time in terms of the culture of a community.
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