PUBLIC SAFETY AND CRIME PREVENTION (2018) - National League of Cities

 
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PUBLIC SAFETY AND CRIME PREVENTION (2018)
Primer
Providing for the public’s safety is ultimately the responsibility of municipal government and one
of its highest priorities. “Public safety” means not only putting an end to the levels of crime and
violence that impact the everyday lives of our residents, but just as importantly, delivering life-
saving rescue services, preventing fires, and preparing for and responding effectively to foreign
and domestic terrorism, natural and manmade disasters, and pandemic events.

The list below is a summary of all the federal policy objectives contained in the Public Safety and
Crime Prevention chapter of NLC’s National Municipal Policy. The purpose of the summary is to
provide a quick reference guide in responding to most legislative and regulatory actions that may
affect local authority over public safety programs.

NLC SUPPORTS FEDERAL PROGRAMS AND FUNDING THAT HELP CITIES…
 • implement the principles of community policing within their local law enforcement agencies.
 • target, prosecute and convict violent criminals, drug dealers, sex offenders and human
    traffickers.
 • reduce gun violence.
 • prevent hate crimes and youth violence.
 • establish initiatives that reduce the need for the incarceration of at risk youth, mentally ill and
    non-violent drug offenders.
 • provide assistance to victims of crime.
 • address problems associated with of domestic violence through prevention, intervention,
    treatment, and effective prosecution.
 • manage drug abuse prevention, education, treatment, and community wellness programs.
 • reintegrate convicted offenders, who have completed their sentence, back in to the community.
 • fight cybercrimes and cyberattacks.
 • mitigate risk, respond to and recover from natural and manmade disasters.
 • share information and intelligence among local, state, and federal law enforcement agencies.
 • maintain safe and secure roads and public transit systems.
 • improve first responder voice and data communications, public alerting and 9-1-1 calling systems.
 • acquire and maintain first responder equipment and technology.
 • train law enforcement, fire, and emergency medical personnel.
 • safeguard civil liberties and privacy of its citizens while ensuring public safety.
NLC OPPOSES ANY FEDERAL MANDATE THAT…
 • is unfunded or underfunded.
 • reduces or restricts local control of public safety programs.
 • limits a local governments ability to enact laws to improve public safety.
 • imposes or increases the liability or risk to a local government.
 • conscripts local government personnel to enforce federal immigration laws.
 • adopts or gives legal status to law enforcement, fire and emergency medical standards
    developed by bodies not having adequate representation by elected officials.
 • restricts local governments ability to participate in programs that support local, state and
    federal law enforcement partnerships.

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6.00 Introduction                                   B. Goals
                                                    Prevention of crime and violence is the goal;
The primary goal of local public safety and         public safety education is the key. This can
crime prevention efforts is to ensure that the      be done by such efforts as implementing drug
nation’s cities and towns provide a safe,           awareness programs, restricting access to
healthy environment in which residents can          guns, increasing recreational programs,
live. To achieve this goal, federal, state and      returning schools to the “safe havens” they
local officials must view the safety of the         once were, providing children with
community in holistic terms. Officials must         successful role models, and celebrating
recognize the danger of focusing exclusively        positive successes of our youth. This nation
on prevention, intervention, response or            needs to view young people as assets – not
punishment. Public safety efforts are more          liabilities.
likely to result in safer communities if all
solutions are integrated into a single strategy.    Action must be taken to prevent crime and
                                                    violence in our communities. To accomplish
                                                    this, NLC:
6.01 Crime Prevention
                                                    • Strongly supports community policing
                                                        efforts;
A. Problem Statement
Crime       prevention      is    everyone’s        • Supports adequate and direct federal anti-
responsibility because crime and violence               drug, anti-violence and gang prevention
plague all American cities and towns.                   funding to cities and towns that can be
Serious discussions continue to be held by all          directed towards community policing
levels of government over the complex                   efforts, anti-crime and violence activities,
coordinated services that can make a                    and rural enforcement programs;
difference, but substantive action has been         • Cities must continue to partner and
slow in coming. These services include                  collaborate with state and federal
preschool        education,        recreation,          government to help combat youth and
neighborhood and employment programs                    gang violence;
targeted for youth, substance abuse treatment       • Cities should continue to work with state
on demand, victims assistance programs,                 and federal government agencies to
economic development, and job training and              provide resources for transitional services
creation.                                               to all prisoners reentering society;
                                                    • Urges a greater role for municipal elected
The attention of all levels of government               officials in federal decision-making
should not only be aimed at the perpetrators            regarding the local use and expenditure of
of crime and violence, but also their victims.          federal anti-crime and violence funds.
Toward this end, NLC supports direct federal            This would allow flexibility to redirect
funding to cities for local victims assistance          financial resources from drug interdiction
efforts and programs funded through an                  activities to prevention and treatment;
office for victims of crime.                        • Urges on-going reevaluation of state and
                                                        federal laws and regulations related to
The practice of community policing is an                public safety and crime prevention issues.
important part of crime prevention and has              This reevaluation should include a review
helped to return a sense of unity between               of laws and regulations which address the
local law enforcement and the community.                age at which juveniles are charged as

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adults and should include the input of          C. Weapons and Ammunition Control
    municipal elected officials;                    The growing illegal use of firearms in cities
•   Urges the federal government to continue        and towns throughout this nation is the
    to gather information on hate crimes,           common denominator for most violent
    family status, educational level and            deaths. Firearms do not kill and maim
    income as well as race in its crime             without someone pulling a trigger.
    statistics on perpetrators and victims and      Controlling weapons and ammunition is just
    give the reporting of these variables equal     part of a more comprehensive effort
    prominence;                                     necessary to reduce violent acts. NLC urges
•   Encourages federal law enforcement              all levels of government to adopt statutory,
    officials to investigate and prosecute          regulatory, and policy actions to confront,
    cases in which crimes occur because of          curb, and eventually eliminate firearms
    the real or perceived race, national origin,    violence in America. Specifically, NLC asks
    religion, gender, sexual orientation or         the federal government to:
    disability of a victim. Such investigation      • Provide funding and resources to the ATF
    and prosecution should not supersede the            to help facilitate efforts of states and
    right of state and local communities to             localities to register guns;
    legislate and prosecute in the area of hate     • Continue to enact initiatives and
    crimes;                                             strengthen laws imposing enhanced
•   Urges Congress to continue to support the           sentences for the use of a firearm in the
    efforts of the National Crime Prevention            commission of any federal, state, or local
    Council (NCPC) which has provided                   crime;
    cities and towns with the hands-on, how-        • Strongly support enhanced programs to
    to, materials and publications to assist            arrest gun traffickers and shut down the
    citizens in their efforts to organize and           illegal sale and distribution of firearms;
    fight back against crime and violence;          • Regulate, in a manner consistent with the
•   Urges the United States government to               Constitution, Internet facilitated firearms
    use all means at its disposal to secure the         commerce and provide the same
    extradition of those alleged to have                oversight as other types of commerce
    committed crimes against the people of              involving the sale and/or transfer of
    the United States; and                              ownership of firearms; grant authority to
•   Encourages and supports federal efforts             the appropriate Federal agency to
    to address the growing forms of                     regulate and otherwise oversee the
    electronic or “cyberspace” crimes                   design, safety, and responsible marketing
    through the Department of Justice and               and sales of firearms;
    other federal law enforcement agencies.         • Support flexible federal funding for local
    Cooperation, specialized training and               programs that address gun violence and
    tracking equipment is essential for                 promote gun safety;
    federal, state and local law enforcement        • Continue the federal ban on all
    personnel. Continued federal funding to             manufacture, sale, importation or use of
    train local governments and law                     armor-piercing bullets that can penetrate
    enforcement agencies on how to deter,
    identify, and capture cybercriminals is
    essential to prevent and detect on-line
    crime.

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bullet-proof vests except for legitimate                         •    Require that the background of an
     use by the military and police officers.1                             individual who acquires a weapon from a
•    Support passage of federal, state, and                                pawnshop, gun show or online seller shall
     local     laws    imposing      substantial                           be subject to the same scrutiny as an
     mandatory sentences, with no possibility                              individual who purchases a firearm from
     of parole, probation, or suspended                                    a federal firearms licensee;
     sentence for the use of armor-piercing                           •    Enact federal legislation that would allow
     bullets in the commission of any crime;                               states and/or local governments to adopt
•    Ban the manufacture, sale, importation,                               stricter standards and rules regarding
     or transfer of all automatic and semi-                                purchase, storage and possession of
     automatic assault type weapons except                                 firearms; and
     for legitimate use as authorized by the                          •    Enact federal legislation to prohibit an
     National Firearms Act (NFA) and by the                                individual under the age of 21 from
     military or law enforcement;                                          purchasing or possessing an assault rifle
•    Apply a waiting period of up to 30 days                               and or handgun.
     for the purchase or transfer of all guns so                      •    Urge firearm manufacturers to be
     that local police agencies may check the                              responsible corporate citizens by:
     criminal and mental health status of                                  1) including safety devices with their
     purchasers.                                                               products and developing new
•    Expand and enhance the National Instant                                   technologies to make guns safer;
     Criminal Background Check System                                      2) selling only to authorized dealers and
     (NICS) to ensure every states criminal                                    distributors,    and     allow    their
     records are easily entered and updated                                    authorized distributors to sell only to
     and to require anyone who is selling or                                   authorized dealers;
     transferring a gun to check appropriate                               3) allowing no firearm sales at gun
     records through and authorized federal                                    shows or similar events unless all
     firearms licensee (FFL) to ensure the                                     background checks are completed;
     person acquiring the firearm is not a                                 4) not selling firearms that can readily
     prohibited person.;                                                       be converted into fully automatic
•    Require federal licensing of gun dealers.                                 weapons or that are resistant to
     Applicants for Federal Firearms Dealer                                    fingerprints;
     licenses should be required to show proof                             5) not selling large (more than 10
     of compliance with state and local laws to                                rounds) capacity ammunition clips;
     the Bureau of Alcohol, Tobacco, and                                   6) maintaining an electronic inventory
     Firearms (ATF) before the agency issues                                   tracking plan; and
     a gun dealer license. The ATF must be                                 7) forgoing firearms sales to licensed
     required to provide each general purpose                                  dealers known to be under
     government with a list of that                                            indictment.
     jurisdiction’s     Federally      Licensed
     Firearms Dealers annually;

1
 Armor-piercing ammunition, sometimes referred to as metal-piercing ammunition, is ammunition that is designed primarily to
penetrate metal or armor, including body armor commonly worn by police officers. Under federal law, armor-piercing
ammunition is defined as any projectile or projectile core that may be used in a handgun and that is constructed entirely from one
or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium. (18 U.S.C. § 921(a)(17); 27
C.F.R. § 478.11) In addition, armor-piercing ammunition is defined as a full jacketed projectile “larger than .22 caliber designed
and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.” 18
U.S.C. § 921(a)(17)(B). 18 U.S.C. § 923(k)

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D. Youth Oriented Crime Prevention                 NLC supports:
It is essential that all levels of government,     • Federal assistance for the establishment
community leaders, the business community,           and operation of youth courts to ensure
and residents work together to create and            swift and appropriate sanctions for
sustain environments in which violence is not        certain juvenile offenses;
a pervading presence in the everyday lives of      • Direct, flexible funding to municipalities
our nation’s children.                               for local juvenile justice and delinquency
                                                     prevention initiatives with           strict
1. Youth and Gang Crime and Violence                 limitations on the amount of federal funds
Federal juvenile justice efforts within the          that can be used for administrative costs
Department of Justice have not had enough            to ensure that a high percentage of the
resources devoted to them to address the full        funds go to the local level; and
range of problems in the area of youth             • Continued federal technical assistance to
victimization and youth crime.                       train local governments on how to apply
                                                     for federal funds administered through
Youth crime has been associated with                 states and units of local governments.
increased gang activity across the nation.
Many schools and public facilities have            2. Sentencing
become battle grounds for youth gang               NLC believes that, except in cases of federal
members. As gang activities have become            crimes, the federal government should not be
increasingly mobile in crossing geographical       involved in juvenile sentencing – this is a
boundaries, NLC urges the federal                  state and local function.
government to continue its work toward
placing increased penalties on gang-related        3. Corrections
crimes, such as prosecuting offenders under        The federal government should provide
organized crime statutes.                          funding for mandates imposed on state and
                                                   local governments that call for more
The federal government must prioritize
establishing and maintaining effective             accountability in punishing juvenile
juvenile crime and gang prevention programs        offenders. Currently not enough juvenile
on the local level by directly funding city,       holding facilities are available to adequately
town, and multi-jurisdictional initiatives.        meet the demands of the justice system.
Federal partnership and collaboration with         Overcrowding and the high costs of
cities and towns is the best way to take           implementing          specific       separation
advantage of local leadership on this issue
                                                   requirements are problems that severely
while encouraging innovative thinking and
cooperation across jurisdictions and levels of     hinder rehabilitation efforts. More flexibility
government.                                        is needed in all areas of juvenile corrections,
                                                   including juvenile detention facilities and the
The federal role in juvenile justice should        education of juvenile offenders. NLC urges
also focus on support services for state and       the federal government to provide sufficient
local governments and information gathering
                                                   funding for all phases of all juvenile justice
and dissemination in the areas of
rehabilitation of juveniles and progressive        mandates to achieve desired results.
sanctions.

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4. School Safety                                     enforcement agencies, would establish
The federal government must provide                  benchmarks for consistent guidelines on
increased federal funding to augment local           reporting school crime and violence.
efforts aimed at improving school safety,            NLC calls for a consistent commitment
such as School Resource Officers. The long-          among all levels of government, school
term effectiveness of programs that help to          systems, businesses, and community groups
improve school safety can succeed with               to ensure that public safety contributes to a
continued investments by federal, state, and         good quality-of-life in all communities.
local governments. The federal government
must provide funding for the implementation          5. Mass Media and Media Violence
of effective intergovernmental partnerships          NLC urges the federal government to adopt
to truly achieve the goal of developing a            an approach toward violence in the media
comprehensive approach to school safety,             that emphasizes alternative approaches
including comprehensive mental health                which encourage and applaud pro-social
treatment and counseling for all youth and           values, demystify violence, and teach youth
their families, sensitivity training programs,       how to handle frustration, prevent suicide,
and other services that help prevent students        and deal with conflict.
from becoming perpetrators or victims of
crime and violence.                                  NLC supports entertainment rating systems
                                                     that will provide advance notice of violent
The federal government should increase               content in programming. NLC supports a
flexible funding for Title V, juvenile justice       federal public health campaign in schools
programs and innovative approaches to                that targets violence in a manner similar to
school safety that can be replicated by              that used to combat drunk driving.
communities across the nation. The federal
government must work with state and local            The federal government must:
authorities to establish more uniform                • Provide a clearinghouse that coordinates
guidelines and recommend mandatory                      and evaluates recently conducted credible
reporting for crime and violent incidents in            studies on the mental health implications
schools. School districts should be required            of mass media violence; and
to provide the U.S. Department of Education          • Provide flexible, direct funding and/or
and other federal agencies, as well as state            assistance    for    Internet    filtering
education agencies and state and local law              capabilities for our nation’s libraries,
enforcement agencies, with school incident              schools, community centers and other
reports. The school districts should also               local public facilities that provide
provide these agencies with an analysis of              children access to computers and other
incidents and intervention techniques to                interactive media.
create a national database of school crime and
violence incidents and “best practices” for          E. Substance Abuse
intervention.                                        Substance abuse is a public safety concern.
                                                     Illegal drugs, as well as alcohol and
This responsibility to report creates a difficult    prescription drug abuse, are all straining the
task of defining what a violent incident is.         capabilities and resources of governments,
Intergovernmental cooperation, to establish          especially public safety budgets.
reporting standards and criteria for federal,
state, and local education and law

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Despite considerable efforts, there has been        •   Funding    for    hazardous      material
little discernible progress being made in               equipment and training that reduces the
reducing the social costs of drug abuse.                occupational health issues associated
Efforts to control drug trafficking have been,          with methamphetamine lab and other
for the most part, unsuccessful. Local law              drug production lab seizures and clean-
enforcement efforts continue to be hampered             up; and
by inadequate and ill-defined state and             •   Technical      assistance,       national
federal laws, limited resources, overcrowded            information sharing services, and direct
prisons, and overburdened criminal justice              fiscal support for Prescription Drug
systems.                                                Monitoring Programs; and,
                                                    •   Increasing the ease of access to and
Drug abuse prevention is under-funded,                  prevalence of safe, environmentally
particularly at the federal level, and there is         sound disposal of prescription drugs
uncertainty and disagreement at all levels of           through convenient take-back options for
government       about    what      constitutes         all    unwanted     prescription     drug
prevention. Currently, federal funding is               medications.
focused on programs which stress care to the
chronic substance abuser, while providing           1. Economic Deterrents
only minimal attention to programs aimed at         In order to effectively address the drug issue,
preventing the proliferation of illegal alcohol     the economic incentive is a critical element to
and drug use.                                       any anti-drug strategy. To do so, NLC
                                                    supports the following actions:
NLC supports a comprehensive strategy for           • Aggressively using all legal means to
substance abuse prevention, intervention,               pursue      actions   against      financial
treatment and law enforcement, including                institutions that knowingly conduct
alternatives to incarceration. NLC further              financial transactions which involve
urges that a balance in expenditures should be          proceeds from unlawful activity;
sought between prevention, treatment and            • Withholding foreign aid to source
corrections. NLC supports:                              countries being uncooperative in
                                                        interdiction efforts;
•   Federal research into alternative               • Developing treaties with countries to
    sentencing programs for non-violent drug            restrict the flow of precursor chemicals
    use offenses;                                       into drug manufacturing countries; and
•   Funding for the creation of non-                • Seizing the assets of individuals
    incarceration alternatives for non-violent          convicted for involvement in illegal drug
    drug use offenses;                                  activity. These funds should go to local
•   Federal funding and standardized training           law enforcement agencies.
    for law enforcement, fire fighters, public
    emergency medical personnel, and other          2. Enforcement
    first responders on identifying, seizing        Current enforcement efforts have simply not
    and clean-up of illicit drug producing          been      effective    in    controlling     the
    labs;                                           manufacturing, sale, distribution and use of
•   Reimbursement of the cost associated in         illicit drugs. NLC believes that better
    the clean-up and damages to property            definitions in state and federal laws related to
    contaminated by illicit drug producing          illicit drug and alcohol use will enhance
    labs;                                           enforcement efforts.

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To improve this situation, sufficient federal       •   Federal funding and assistance to every
resources must be committed to ensure that              state to establish and maintain
enforcement strategies are realistic and are            Prescription Drug Monitoring Program
coordinated with efforts in education,                  (PDMP) and to ensure these programs
prevention, treatment and research.                     achieve data uniformity and implement
                                                        information sharing across all state
NLC supports:                                           PDMPs. The federal government should
• The maintenance of adequate funding for               also require healthcare providers utilize
  local, federal and state law enforcement              the PDMP prior to prescribing
  agencies to deal with drug-related                    medications to patients.
  problems;
• An increased focus on enforcement                 F. Domestic Violence
  against those involved in cases that are          Domestic violence is a serious social crime
  determined as high-level manufacturing,           and a criminal justice problem that
  sales and distribution of illicit drugs,          significantly impacts our nation’s cities and
  especially those selling or furnishing            towns in a variety of ways, including
  illegal drugs to minors;                          emergency       shelters,    schools,     law
• Prosecution to the fullest extent of the law      enforcement and emergency medical service
  for those involved in violent crime related       agencies, and the courts. Domestic violence
  to illegal drug use;                              crosses all socio-economic strata and should
• Increased penalties for those convicted of        not be viewed as a private family matter, but
  drug offenses where firearms are                  in the context of other crimes and problems
  possessed by the offender;                        requiring prevention, intervention, and
• Increasing the use of federal law                 prosecution.
  enforcement in the interdiction, arrest,
  search, and seizure of illicit use and sale       All levels of government must make
  of drugs;                                         domestic violence initiatives a priority on
• Federal assistance in the arrest and              their agendas. Federal legislation should be
  prosecution of those responsible for the          enacted to provide funding and support for
  death or injury of public safety and law          local government programs to address the
  enforcement personnel involving official          problems of domestic violence through
  investigations of illegal drug operations;        prevention, intervention, treatment, and
• The utilization of extradition as a key tool      effective prosecution. Legislation must take
  in combating international trafficking;           into account the potential impacts on already
                                                    overburdened      probation    and     parole
• The immediate deportation of illegal
                                                    departments.
  immigrants convicted of offenses related
  to the illicit sale of drugs after the court’s
                                                    NLC encourages the federal government to:
  disposition has been fulfilled;
                                                    • Provide funding and assistance to
• The aggressive pursuit and prosecution of
                                                      maintain successful domestic violence
  medical personnel illicitly prescribing,
                                                      programs already in existence, to initiate
  selling,      administering,      dispensing,
                                                      demonstration projects, and to aid local
  mixing or otherwise preparing any
                                                      governments and organizations in
  prescription drug, including any
                                                      modeling programs after successful
  controlled substance under state or
                                                      holistic approaches;
  federal law; and

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•   Establish a central point for the collection    factors prior to release and then require these
    and dissemination of information on             prisoners to seek continued treatment prior to
    domestic violence programs taking place         and upon re-entry. Furthermore, the federal
    across the country that includes examples       government       should     encourage      state
    of what is and is not working, the              governments to require policies mandating
    progress of legislative initiatives at both     that all state prisoners have DNA collected
    the state and federal levels, recent studies    during the initial screening and exiting
    on domestic violence issues, and other          process in an effort to solve open cases.
    relevant information;
•   Assist all levels of government in the          For prisoner reentry to succeed, reintegration
    development of programs that work with          must be emphasized as soon as a prisoner
    children exposed to domestic violence           enters a correctional institution. Emphasis
    and in the development of general               must be placed on identifying a prisoner’s
    education programs for all children on          specific risk factors, providing treatment
    domestic violence issues; and                   while in custody, and following up with
•   Fully fund the Violence Against Women           community-based treatment once a prisoner
    Act programs, as well as, efforts which         is released. Programs must be implemented
    support the abolition of physical, sexual       on both the federal and state level to involve
    and psychological human rights abuse            the prisoner’s family unit or mentor in any
    and oppression of women.                        decisions or treatment plans, both during
                                                    incarceration and at the time of release.
G. Prisoner Reentry                                 Federal grant money is needed to fund
Each year prisoners are released back into          community-based intervention and treatment
society without access to immediate                 programs focusing on the issues of housing,
supervision and/or support. These prisoners         job opportunities and training, mental health
face a multitude of problems including              screening and treatment, substance abuse,
homelessness, a lack of job opportunities,          healthcare,      education,     and     family
educational deficits, mental health issues,         reunification. In addition, attention must be
substance abuse, infectious diseases, and no        paid to the specific struggles and barriers
connection      to    their    families    and      associated with youth prisoner re-entry.
communities. Over half of all released              Often, youth leaving the criminal justice
prisoners will be rearrested causing increased      system lack age-appropriate levels of
costs and burdens for cities.                       education, needed social and developmental
                                                    skills, and are returning to environments that
In order to combat this problem, the federal        do not foster rehabilitation and development.
government must provide local and state             Emphasis must be placed on creating the
governments with resources and funding for          necessary support systems and opportunities
transitional services to all prisoners in the       to help youth transition into adulthood,
areas of housing, education, mental health          reintegrate into communities, and stop cycles
treatment, substance abuse counseling,              of recidivism.
employment opportunities, and healthcare.
In addition, the U.S. Department of Justice         Successful federal, state, and local pilot
should adopt a policy mandating that all            projects must be expanded to address
federal prisoners be screened for                   challenges related to prisoner reentry and the
drug/alcohol addiction, mental health               full spectrum of problems. The federal
problems, infectious diseases and other risk        government should fund programs that

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include the cooperation of corrections               I. Stopping Human Trafficking
officials, probation and parole officers,            Human trafficking is a modern-day form of
former offenders who can serve as mentors,           slavery that impacts people of all ages and of
families, police, prosecutors, the court             both genders, where services, labor, or sex
system, mental health administrators,                are supplied by victims who are forced,
healthcare providers, housing agencies and           defrauded or coerced to work through such
rental advocates, substance abuse counselors,        methods as involuntary servitude, debt
businesses, educational and vocational               bondage, and forced labor. At the heart of this
training providers, victim advocates,                heinous crime are the myriad forms of
community-          and/or         faith-based       enslavement – not the activities involved in
organizations, neighborhood associations             international transportation—and hundreds
and coalitions, researchers and records              of thousands of U.S. citizens and other
personnel, and public affairs officers.              permanent residents, including kidnapped
                                                     and homeless youth, are considered to be at
Congress       should       pass     legislation     risk for or victims of trafficking. Victims of
guaranteeing that appropriate programs such          human trafficking live among us in our cities
as Medicaid, Social Security Disability,             and towns, but are typically captive and
educational or vocational retraining, and            isolated, unaware of their rights, powerless to
other federal benefits, are available to eligible    access services, and afraid to ask law
individuals on the first day of their release,       enforcement and other authority figures for
ensuring access to the necessary services and        help. Combating human trafficking requires
resources vital to making a successful               a collaborative, comprehensive approach
transition back into society.                        across all levels of government.

H. Driving Under the Influence and                   To combat human trafficking, sufficient
   Distracted Driving                                federal resources must be committed to
The enforcement of laws for distracted               ensure that law enforcement strategies are
driving (including texting or the use of             realistic and are coordinated with efforts in
mobile devices) and driving under the                education, prevention, and support of
influence, adjudication of cases, treatment of       victims.
offenders, prudent punishment of repeat
offenders and the development of public              NLC supports:
awareness are all important state and local          • Congressional action that will provide
functions.                                             adequate funding for the Trafficking
                                                       Victims Protection Reauthorization Act,
The role of the federal government, through            which gives law enforcement additional
the National Highway Traffic Safety                    tools and resources to prevent human
Administration in assisting state and local            trafficking, investigate human trafficking
governments should continue and be                     crimes, promote increased cooperation
expanded. These efforts should focus public            among federal agencies, between the U.S.
attention on the distracted driving and driving        and other countries, and between federal,
under the influence problem, facilitate public         state and local law enforcement.
and private sector actions to counter the            • Congressional authorization and funding
problem and provide administrative support             of block grants to localities to support
for interstate coordination of driving under           comprehensive local approaches to
the influence countermeasure efforts.                  stopping sex trafficking of minors

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through prevention, support for victims,        service personnel, and others) to properly
    and resources and support for the police        respond to mental health calls. Federal
    and prosecutors who pursue justice              programs that fund joint efforts between law
    against traffickers, pimps and others who       enforcement and health officials to reduce
    participate in or coordinate these crimes.      repeat calls for service and better serve
•   Federal programs that train key state,          people with mental illness are also crucial to
    local government, and non-profit                reducing unnecessary interactions between
    personnel, as well as make efforts to           police and the mentally ill.
    increase the public’s awareness of human
    trafficking.                                    Mentally ill persons who do not receive
                                                    psychiatric treatment and/or fail to comply
J. Mental Illness and Criminal Justice              with their medications regimen are
As people with mental illnesses continue to         significantly more likely to face arrest. For
come in contact with the criminal justice           this reason, NLC supports funding for
system, communities across the United States        programs that improve the screening of
struggle to develop interventions and               incoming jail and prison detainees for mental
supports that improve outcomes for these            illness; the diversion of individuals to mental
individuals, their service providers, and the       health     programs      when      appropriate;
public.                                             increasing the availability of grants for
                                                    mental health courts and other diversion
How the criminal justice community engages          efforts; providing intensive treatment while
people with mental illness is a matter of           incarcerated, when necessary; requiring
national concern. Untreated mental illness          Bureau of Justice Statistics to regularly
often leads to volatile situations that require     update the “Mental Health Problems of
law enforcement to intervene.             These     Prison and Jail Inmates; and ensuring
interactions can require special training, be       transitional services when leaving jail. These
difficult to resolve, and create unique risks to    programs ultimately reduce the likelihood
the safety of all involved.                         that mentally ill individuals will return to
                                                    incarceration or have a future interaction with
In 2004, Congress passed the Mentally Ill           law enforcement. (NLC’s policies on Mental
Offender Treatment and Crime Reduction              Health are detailed further in the HD
Act (MIOTCRA), which enhances local                 Chapter of the National Municipal Policy.)
public safety by funding training for law
enforcement officers on how to identify and         K. Equity in the Criminal Justice System
respond to incidents involving people with          Every person has a right to expect equal
mental illnesses, increasing mental health          treatment by law enforcement officers,
courts nationwide, improving collaboration          prosecuting     authorities,  judges     and
between criminal justice and mental health          correctional officials.      Discriminatory
systems, and improving access to effective          enforcement of criminal laws has a corrosive
treatment.                                          effect on our cities and towns, undermining
                                                    the confidence of the community in law
NLC supports MIOTCRA federal efforts that           enforcement and interfering with our efforts
provide additional resources for veteran            to prevent crime and prosecute offenders.
treatment courts, and increases resources and
training for first responders            (law       Unfortunately, our country has a long history
enforcement, fore, emergency medical                of disparate treatment in our criminal justice

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system. Numerous studies confirm that racial                Public safety requires the commitment of all
minorities, especially African Americans and                levels of government. Information sharing
Latinos, are more likely to be arrested, more               among levels of government must be
likely to be prosecuted and more likely to be               comprehensive and timely. Through the joint
incarcerated for offenses than whites accused               efforts of local, state, and federal
of the same crime.                                          governments, as well as the responsible
                                                            actions of individual residents and corporate
NLC supports federal legislation and action                 citizens alike, the safety and well-being of
which eliminates discrimination in the                      our business and civic communities can be
enforcement of our criminal justice system.                 controlled successfully.
NLC opposes profiling of suspects based
solely on race, ethnic origin, religion, gender             B. Goals
identity, poverty or other similar factors.                 • In order to keep our cities and towns safe:
                                                               The federal government should assist
In addition, the federal government should                     cities and towns across the nation in
assist local law enforcement agencies in their                 acquiring        modern        emergency
efforts to provide data collection and analysis                communications       capabilities     and
education and training for law enforcement                     advanced law enforcement technology;
officers regarding appropriate investigative                   and
and enforcement techniques.                                 • Federal, state and local law enforcement
                                                               must share information and intelligence
L. Poverty                                                     across       intergovernmental        and
Crime statistics demonstrate the significantly                 jurisdictional boundaries.
greater risks of direct criminal victimization
of poor people.2        In addition, indirect               C. Public Safety Technology and
victimization     of     crime    also    falls                Intelligence
disproportionately on poor individuals.                     1. Public Safety Technology and Intelligence
Neighborhoods with large concentrations of                  Goals
low income people are also generally the                    NLC urges the federal government to assist
geographic areas of cities in which there are               local governments across the nation in
greater reports of crime, particularly street               acquiring          modern        emergency
crime. Other chapters of the National
Municipal Policy cover a variety of programs                communications capabilities and advanced
and initiatives to reduce poverty and address               law enforcement technology. Specifically,
affordable housing issues. These should be                  the federal government should:
viewed as a way to get at the root causes of                • Make surplus equipment available to
crime and violence.                                             local governments (without undue
                                                                restrictions on use) that would improve
6.02 Public Safety                                              emergency response capabilities;
                                                            • Provide funding for research and training
A. Problem Statement                                            opportunities and publicize these
                                                                opportunities;

2
 Marcus Berzofsky, Dr.P.H., RTI International, Lance Couzens, RTI International, Erika Harrell, Ph.D., BJS
Statistician, Lynn Langton, Ph.D., BJS Statistician, Hope Smiley-McDonald, Ph.D., RTI International, “Household
Poverty And Nonfatal Violent Victimization, 2008–2012” Department of Justice Bureau of Justice Statistics,
November 18, 2014, http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5137.

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•   Make direct, flexible grants to local           response. No man, woman, or child should
    governments for local law enforcement           lose his/her life because public safety
    and fire safety training and equipment;         officials cannot communicate with one
•   Conduct regular, well publicized training       another.
    sessions and provide coordinated
    technical assistance to local public safety     The federal government should take
    personnel operating public safety               immediate action to provide local
    technologies;                                   governments with the broadcast channels
•   Encourage manufacturers to make public          needed to enhance their communications
    safety equipment available at reasonable        capabilities.   Reliable and interoperable
    costs to local government that can be           wireless communications are essential to
    easily upgraded for future purposes;            public safety’s mission to protect life and
•   Provide technical assistance and funds to       property.
    local police for the adoption of advanced
    policing       technology,     particularly     The federal government should encourage
    alternative use of force options that help      regional planning for public safety
    safely deescalate violent situations; and       communication needs and address the current
•   Provide technical assistance and support        shortage of spectrum channels with a long-
    to      established     intergovernmental       term plan that ensures sufficient and
    institutions to ensure a collaborative          appropriate spectrum to meet future public
    exchange of information that maximizes          safety     needs     across    the    nation,
    resources, streamlines operations, and          communications equipment with open
    improves the ability to fight crime and         standards, and funding for the necessary
    terrorism by merging data from a variety        building, operation, and maintenance of a
    of sources.                                     national       interoperable       emergency
                                                    communications system.            If federal
NLC strongly urges flexibility in the use of        reallocation of radio spectrum forces a
federal public safety funds for upgraded            municipality to change radio frequencies
technology      and      training.       Many       and/or channels to preserve its public safety
municipalities face great difficulty in             and emergency communications services,
purchasing      necessary       public   safety     there should be prompt and fair
equipment because of budget constraints or          compensation made for transfer costs, such as
inability to qualify for available funds. New       new equipment and additional personnel and
duties placed on law enforcement related to         training. (NLC’s policies on public safety
homeland security have constrained budgets          communications are detailed further in the
further. NLC urges the federal government           ITC Chapter of the National Municipal
to assist all municipalities with public safety     Policy.)
advancements without imposing stringent
compliance guidelines.                              The federal government should also link all
                                                    emergency warning systems across the
2. Emergency Communications                         nation, supplying all areas with appropriate
Having the capability to transmit vital             equipment so that no area is left unprotected.
information to different emergency response         Emergency alert systems should be used to
personnel among all levels of government            ensure that any presidentially declared
without interference and delay is key to            emergency, homeland security, and National
disaster preparedness and emergency                 Weather Services alerts are timely and

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accurate and provide direction on                  corrections, parole agencies, and other
recommended protective measures local              relevant agencies. This integrated system
governments should take when the threat            would be particularly useful to localities in
level is increased. Local governments should       securing essential data during a time of
be reimbursed for any costs associated with        emergency or disaster.
heightened alerts.
                                                   Advanced public safety technologies
NLC urges the federal government to ensure         including mobile data terminals, geographic
that all areas of the country have access to       information       systems,   and    biometric
modernized 9-1-1 technology for emergency          information repositories increase efficiency
use. Currently, cities and towns that do not       and can help return law enforcement officers
have timely emergency response services            to the streets, enhancing community policing
usually have not implemented a 9-1-1 system        efforts. The collection and analysis of
or their systems are antiquated. NLC also          biometric evidence - particularly DNA- has
urges the federal government, in particular        proven a valuable tool in identifying suspects
the Department of Justice and the Federal          in both violent and non-violent crimes, as
Communications Commission, to continue             well as ruling out innocent individuals, and
its efforts to improve the wireless 9-1-1 or E     expansion of its use should be supported at
9-1-1 services by working in partnership with      the federal level.
state and local land use authorities, public
safety officials, and the telecommunications       Ultimately, the use of modern technology
industry. The telecommunications industry          results in cost efficiencies because it allows
must fully develop and fund wireless               for better management of workloads,
emergency locater services and tracking            streamlines processes, and provides rapid
systems and lead efforts to resolve                analysis, all of which reduce overtime among
interoperability problems that affect              personnel. The federal government should
emergency        communications       systems      facilitate the availability of these
throughout the nation. These efforts must          technologies to cities regardless of size.
continue to respect the premise of local
autonomy, avoid burdensome mandates, and           4. Training
reflect the need for greater funding in            As local governments acquire new public
underserved jurisdictions.                         safety technologies, the federal government
                                                   should continue to promote interagency
3. Law Enforcement Technology                      sharing of equipment during emergencies
The ability to transmit and access                 among all levels of government and provide
information quickly and easily helps local,        training to local public safety personnel. To
state and federal law enforcement agencies         promote greater compatibility among
prevent and reduce crime. The federal              training programs and curriculum, the federal
government should facilitate criminal records      government should lead efforts to ensure that
information sharing among all levels of            public safety training programs provide a
governmental law enforcement agencies.             level of consistency among all agencies,
Such an information system would provide           which are essential to implement mutual aid
law enforcement agencies a tool to track and       and regional cooperation agreements.
apprehend     transient,   violent,    repeat      Federal assistance that enables local
offenders, and/or suspected terrorists and         governments to improve public safety
share information with prosecutors, courts,        services will always be a key component to

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reducing crime, planning for and predicting         public health and safety in the event of an
disasters, and responding to emergencies.           accident.

5. Information Sharing                              The federal government must also ensure that
Access to both specific and aggregate               the transport of high-level radioactive waste
information on public safety threats —              (HLW) be safely accomplished by employing
ranging from acts of terrorism, to health           state of the art technology, engineering and
threats, to gang violence trends — gathered         procedures.
by the federal government, should be shared
with local law enforcement and other                1. Consolidation of Federal Programs
necessary agencies in potential impact areas.       NLC supports federal efforts to consolidate
                                                    hazardous materials policies and to designate
The federal government must continue to             the U.S. Department of Transportation
improve standing task forces, centers, and          (DOT) the lead federal department. NLC
institutions for sharing classified information     believes that when more than one federal
on threats with first responders. Both federal      agency regulates a hazardous material, the
financial and technical assistance, as well as      appropriate agencies must take steps to
on-site assistance of federal personnel,            correct conflicting or inconsistent policies.
should be provided to local government, to
assist in these information sharing                 2. Standards
institutions and joint analysis efforts.            National Hazardous Materials Driver
                                                    Standards
The federal government should assist local          NLC supports federal hazardous materials
law enforcement with acquiring the proper           driver training standards that are tailored to
equipment, technology, and training to              the transportation of specific materials. As a
participate in information sharing activities,      prerequisite to receiving a license, drivers of
such as establishing fusion centers. The            such vehicles must be required to certify that
federal government should continue to refine        they have received special training.
policies and practices surrounding these
institutions to ensure all activities respect       3. Insurance
civil liberties and privacy concerns.               NLC supports existing federal regulations
                                                    that require motor carriers to maintain
D. Transportation of Hazardous Materials            sufficient liability coverage. NLC also
The transportation of hazardous materials,          supports continuation of federal law that
including nuclear waste, must be made as            provides supplemental liability coverage in
safe as possible. Minimizing the danger of          the event of a catastrophic accident involving
injury, environmental damage and other costs        radioactive materials.
of such events requires knowledge of the
materials so that appropriate measures can be       4. Notification and Communication
taken and decisions made regarding                  NLC encourages federal guidelines to clarify
evacuation or traffic diversion. NLC urges          the level and frequency of notification and
the federal government to provide adequate          communications between state and local
funds, training and equipment to all cities         officials necessary to protect public safety.
affected by the transportation and disposal of      Currently available technologies and systems
hazardous waste to assure the protection of         must be used to ensure immediate
                                                    communication between transporters and all

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entities charged with responding to any             transportation regulations.     The federal
incidences. Any carrier must be required to         government must be more vigilant in its
make an immediate notification to designated        enforcement of its regulations regarding
local emergency personnel when a hazardous          unregistered carriers and shippers.
materials incident occurs.
                                                    States and localities should be allowed to
Federal, state, regional  and local                 adopt and enforce vehicle operating
governments should cooperate in the                 requirements and standards, including the
development of a unified data and                   imposition of fines or civil penalties for
notification system.                                infractions of these federal requirements.

5. Disaster Prevention and Training                 The Federal Railroad Safety Act should be
First responders regularly respond to               amended so that the federal and state
incidents involving the release or threat of        governments have concurrent authority to
release of hazardous materials in transport,        enforce federal rail safety regulations that
therefore emergency response should                 relate to hazardous materials.
continue to be the primary responsibility of
state and local governments. The federal            Finally, the Federal/State Rail Safety
government must ensure that first responders        Participation program should be continued
have the resources and capacity to address          and adequately funded.
and respond to any hazardous materials
incidents.                                          7. Financing
                                                    NLC urges Congress to appropriate sufficient
In order to respond quickly and efficiently to      federal funding to operate hazardous
any hazardous materials incidents federal,          materials programs. NLC supports raising
state and local governments should develop a        registration fees to pay for such programs
centralized emergency response command              while opposing federal preemption of local
structure within each of their jurisdictions to     fees on carriers.
improve inter-jurisdictional communications
when an accident does occur. There must be          Motor Carrier Safety Assistance Program
terrorism response plans for shipments of           (MCSAP) grants from the Highway Trust
hazardous materials.                                Funds should be increased and made
                                                    available to local governments.
The federal government should set minimum
training and education standards, require all       E. Mental Health and Public Safety
stakeholders to participate, and offer              Major criminal incidents and emergencies
technical and financial assistance to support       have a significant impact on the psyche of
these efforts. The federal government should        citizens and first responders alike.
evaluate and certify training programs used         Immediate support after traumatic incidents
by regional, state and local emergency              can ensure that witnesses provide first
personnel.                                          responders with more lucid descriptions of
                                                    the event and prevent significant long-term
6. Enforcement                                      mental health concerns. First responders to
NLC believes that the federal government            traumatic events also require psychological
should continue to be responsible for the           support.    In both cases, psychological
enforcement of hazardous materials                  conditions, post-traumatic stress disorder, or

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substance abuse may develop or worsen if not        Federal and state technical and financial
addressed.                                          assistance should be structured to allow local
                                                    officials maximum flexibility in meeting
Psychological first aid, crisis counseling, and     identified needs. Regarding the homeland
response worker support are all key to              security funding formula, NLC supports the
mitigating these issues. The federal                federal government continuing to fund risk-
government should assist with resources and         based threats in highly populated and high-
the coordination of non-profit entities and         threat areas. NLC also supports a minimum
state and local governments to ensure a             level of funding for state grants sufficient to
continuum of care is available to victims of        allow jurisdictions to prepare for possible
crimes and disasters—particularly after             terrorist-based threats, with flexibility to use
major emergencies and incidents. These              the funds for dual-use (risk and all-hazards)
efforts must include awareness and education        pursuant to their state homeland security
of access to behavioral health treatment to         plans.
prevent negative effects following a
devastating event.                                  The potential for hazardous or radioactive
                                                    material spills, pipeline accidents, large scale
6.03 Homeland Security, Disaster                    social disorders, and domestic terrorism
                                                    compels all levels of government to
Preparedness and Response
                                                    coordinate efforts to protect communities.
                                                    Such coordination must result in a
A. Problem Statement
                                                    comprehensive national homeland security
The lives lost, property damaged, and
                                                    and disaster preparedness strategy. The
economic hardships suffered due to criminal
                                                    Department of Homeland Security must
and terrorist acts and natural, manufactured
                                                    continue to have a central office for
and technological disasters pose severe
                                                    coordinating local and state domestic
problems       for    individual   residents,
                                                    preparedness activities. Regional plans and
communities, businesses and all levels of
                                                    cooperation must be fostered through this
government. Local governments are the first
                                                    central office.
level of government to respond to most
disasters and emergencies and must be
                                                    B. Goals
regarded as the focal point of all disaster
                                                    In order to maintain viable communities and
mitigation and recovery activities. The
                                                    an economically sound nation, all levels of
federal government should provide funding
                                                    government must work together to reduce the
directly to local governments for homeland
                                                    likelihood of disaster losses incurred.
security, emergency preparedness and
                                                    Specifically, the federal government should:
response.
                                                    • Continuously strive to improve the
                                                        coordination of local, state, and federal
An effective system must be developed to
                                                        disaster preparedness plans, including
ensure that federal and state emergency
                                                        Emergency Management Assistance
management officials conduct substantive
                                                        Compact (EMAC) operations;
consultations with local officials for key
decision-making       affecting    homeland         • Assure continued availability of adequate
security, disaster preparedness and response            property and casualty insurance and
at the local level.                                     excess insurance coverage to all regions
                                                        of the nation, at affordable rates without

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