PUBLIC SAFETY AND CRIME PREVENTION (2019) - National League of Cities
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PUBLIC SAFETY AND CRIME PREVENTION (2019)
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.
2019 Public Safety and Crime Prevention
1876.00 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
2019 Public Safety and Crime Prevention
188adults 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.
2019 Public Safety and Crime Prevention
189bullet-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)
2019 Public Safety and Crime Prevention
190D. 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.
2019 Public Safety and Crime Prevention
1914. 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
2019 Public Safety and Crime Prevention
192Despite 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.
2019 Public Safety and Crime Prevention
193To 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
2019 Public Safety and Crime Prevention
194• 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
2019 Public Safety and Crime Prevention
195include 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
2019 Public Safety and Crime Prevention
196through 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
2019 Public Safety and Crime Prevention
197system. Numerous studies confirm that racial of our communities, the integrity of our
minorities, especially African Americans and criminal justice system, and the safe and
Latinos, are more likely to be arrested, more effective delivery of policing services.
likely to be prosecuted and more likely to be Unfortunately, high-profile officer-involved
incarcerated for offenses than whites accused killings have exposed racially divisive issues
of the same crime. in the relationships between local police and
the communities they protect and serve,
NLC supports federal legislation and action especially in communities of color.
which eliminates discrimination in the
enforcement of our criminal justice system. In December 18, 2014, President Barack
NLC opposes profiling of suspects based Obama signed Executive Order 13684
solely on race, ethnic origin, religion, gender establishing the Task Force on 21st Century
identity, poverty or other similar factors. Policing to examine ways of fostering strong,
collaborative relationships between local law
In addition, the federal government should enforcement and the communities they
assist local law enforcement agencies in their protect and to make recommendations to the
efforts to provide data collection and analysis President on ways policing practices can
education and training for law enforcement promote effective crime reduction while
officers regarding appropriate investigative building trust. The final report of the Task
and enforcement techniques. 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
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.
2019 Public Safety and Crime Prevention
198with their efforts to make sure law consider legislation to change or limit the
enforcement training provides the foundation Department of Justice’s ability to transfer
to cultivate police officers as leaders in – and property and funding to state and local law
guardians of – their communities by enforcement agencies through the civil asset
providing increased training in racial and forfeiture program. NLC believes the reforms
implicit bias, intelligent restraint and de- already implemented by the Department of
escalation tactics and the use of nonlethal Justice address many of the concerns that
force. have been raised regarding asset forfeiture
and that any further steps to reform the
N. Federal Asset Forfeiture Program program should only be taken after careful
The criminal and civil asset forfeiture has consideration as to not further weaken this
long been an effective law enforcement tool valuable tool that aids state and local law
to fight against illegal profiteering and to enforcement in protecting our communities.
deter crime. The federal asset forfeiture
program, when it is properly managed and NLC opposes federal legislation that would
regulated, redirects illegally gained property limit local law enforcements ability to
to be used by law enforcement to combat participate in the Federal civil asset forfeiture
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
2019 Public Safety and Crime Prevention
199actions of individual residents and corporate costs to local government that can be
citizens alike, the safety and well-being of easily upgraded for future purposes;
our business and civic communities can be • Provide technical assistance and funds to
controlled successfully. local police for the adoption of advanced
policing technology, particularly
B. Goals alternative use of force options that help
• In order to keep our cities and towns safe: safely deescalate violent situations; and
The federal government should assist • Provide technical assistance and support
cities and towns across the nation in to established intergovernmental
acquiring modern emergency institutions to ensure a collaborative
communications capabilities and exchange of information that maximizes
advanced law enforcement technology; resources, streamlines operations, and
and improves the ability to fight crime and
• Federal, state and local law enforcement terrorism by merging data from a variety
must share information and intelligence of sources.
across intergovernmental and
jurisdictional boundaries. NLC strongly urges flexibility in the use of
federal public safety funds for upgraded
C. Public Safety Technology and technology and training. Many
Intelligence municipalities face great difficulty in
1. Public Safety Technology and Intelligence purchasing necessary public safety
Goals equipment because of budget constraints or
NLC urges the federal government to assist inability to qualify for available funds. New
local governments across the nation in duties placed on law enforcement related to
acquiring modern emergency homeland security have constrained budgets
further. NLC urges the federal government
communications capabilities and advanced
to assist all municipalities with public safety
law enforcement technology. Specifically, advancements without imposing stringent
the federal government should: compliance guidelines.
• Make surplus equipment available to
local governments (without undue 2. Emergency Communications
restrictions on use) that would improve Having the capability to transmit vital
emergency response capabilities; information to different emergency response
• Provide funding for research and training personnel among all levels of government
opportunities and publicize these without interference and delay is key to
opportunities; disaster preparedness and emergency
• 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
2019 Public Safety and Crime Prevention
200wireless communications are essential to use. Currently, cities and towns that do not
public safety’s mission to protect life and have timely emergency response services
property. usually have not implemented a 9-1-1 system
or their systems are antiquated. NLC also
The federal government should encourage urges the federal government, in particular
regional planning for public safety the Department of Justice and the Federal
communication needs and address the current Communications Commission, to continue
shortage of spectrum channels with a long- its efforts to improve the wireless 9-1-1 or E
term plan that ensures sufficient and 9-1-1 services by working in partnership with
appropriate spectrum to meet future public state and local land use authorities, public
safety needs across the nation, safety officials, and the telecommunications
communications equipment with open industry. The telecommunications industry
standards, and funding for the necessary must fully develop and fund wireless
building, operation, and maintenance of a emergency locater services and tracking
national interoperable emergency systems and lead efforts to resolve
communications system. If federal interoperability problems that affect
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
2019 Public Safety and Crime Prevention
201and can help return law enforcement officers with local law enforcement and other
to the streets, enhancing community policing necessary agencies in potential impact areas.
efforts. The collection and analysis of
biometric evidence - particularly DNA- has The federal government must continue to
proven a valuable tool in identifying suspects improve standing task forces, centers, and
in both violent and non-violent crimes, as institutions for sharing classified information
well as ruling out innocent individuals, and on threats with first responders. Both federal
expansion of its use should be supported at financial and technical assistance, as well as
the federal level. on-site assistance of federal personnel,
should be provided to local government, to
Ultimately, the use of modern technology assist in these information sharing
results in cost efficiencies because it allows institutions and joint analysis efforts.
for better management of workloads,
streamlines processes, and provides rapid The federal government should assist local
analysis, all of which reduce overtime among law enforcement with acquiring the proper
personnel. The federal government should equipment, technology, and training to
facilitate the availability of these participate in information sharing activities,
technologies to cities regardless of size. such as establishing fusion centers. The
federal government should continue to refine
4. Training policies and practices surrounding these
As local governments acquire new public institutions to ensure all activities respect
safety technologies, the federal government civil liberties and privacy concerns.
should continue to promote interagency
sharing of equipment during emergencies D. Transportation of Hazardous Materials
among all levels of government and provide The transportation of hazardous materials,
training to local public safety personnel. To including nuclear waste, must be made as
promote greater compatibility among safe as possible. Minimizing the danger of
training programs and curriculum, the federal injury, environmental damage and other costs
government should lead efforts to ensure that of such events requires knowledge of the
public safety training programs provide a materials so that appropriate measures can be
level of consistency among all agencies, taken and decisions made regarding
which are essential to implement mutual aid evacuation or traffic diversion. NLC urges
and regional cooperation agreements. the federal government to provide adequate
Federal assistance that enables local funds, training and equipment to all cities
governments to improve public safety affected by the transportation and disposal of
services will always be a key component to hazardous waste to assure the protection of
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
2019 Public Safety and Crime Prevention
2021. Consolidation of Federal Programs development of a unified data and
NLC supports federal efforts to consolidate notification system.
hazardous materials policies and to designate
the U.S. Department of Transportation 5. Disaster Prevention and Training
(DOT) the lead federal department. NLC First responders regularly respond to
believes that when more than one federal incidents involving the release or threat of
agency regulates a hazardous material, the release of hazardous materials in transport,
appropriate agencies must take steps to therefore emergency response should
correct conflicting or inconsistent policies. continue to be the primary responsibility of
state and local governments. The federal
2. Standards government must ensure that first responders
National Hazardous Materials Driver have the resources and capacity to address
Standards and respond to any hazardous materials
NLC supports federal hazardous materials incidents.
driver training standards that are tailored to
the transportation of specific materials. As a In order to respond quickly and efficiently to
prerequisite to receiving a license, drivers of any hazardous materials incidents federal,
such vehicles must be required to certify that state and local governments should develop a
they have received special training. centralized emergency response command
structure within each of their jurisdictions to
3. Insurance improve inter-jurisdictional communications
NLC supports existing federal regulations when an accident does occur. There must be
that require motor carriers to maintain terrorism response plans for shipments of
sufficient liability coverage. NLC also hazardous materials.
supports continuation of federal law that
provides supplemental liability coverage in The federal government should set minimum
the event of a catastrophic accident involving training and education standards, require all
radioactive materials. stakeholders to participate, and offer
technical and financial assistance to support
4. Notification and Communication these efforts. The federal government should
NLC encourages federal guidelines to clarify evaluate and certify training programs used
the level and frequency of notification and by regional, state and local emergency
communications between state and local personnel.
officials necessary to protect public safety.
Currently available technologies and systems 6. Enforcement
must be used to ensure immediate NLC believes that the federal government
communication between transporters and all should continue to be responsible for the
entities charged with responding to any enforcement of hazardous materials
incidences. Any carrier must be required to transportation regulations. The federal
make an immediate notification to designated government must be more vigilant in its
local emergency personnel when a hazardous enforcement of its regulations regarding
materials incident occurs. unregistered carriers and shippers.
Federal, state, regional and local States and localities should be allowed to
governments should cooperate in the adopt and enforce vehicle operating
requirements and standards, including the
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