New and Expanded Support for Crime Victims with Disabilities
4-13-08
TO:
Keith Kessler
Founder
Disabled Action Committee
FR:
Olegario "Ollie" D. Cantos VII, Esq.
Special Counsel to the Acting Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
- - - - - - - - - -
Keith, good evening. Writing to you from the great halls of the
United States Department of Justice on this quiet but busy weekend, I
am making final preparations for my next business trip as I get ready
to leave by dawn on Sunday morning. But, I did not want to make
the trip without first informally writing to you about something that
touches us all -- that is, the need for our own safety.
Admittedly, this is a sensitive subject because, all too often and in
silence, people with disabilities are victimized by physical,
psychological, financial, and sexual abuse or are otherwise victims of
neglect. In the worst of circumstances, they lose their very
lives by the hands of perpetrators of crime. This state of
affairs cannot and must not stand, which is why we must all do our part
to make things better. Hence, the subject of this email.
There are likely to be individuals whom you know who may not
necessarily know much about or have given much thought to the intersect
between people with disabilities and crime victimization issues.
Therefore, both as a reminder to those who have an understanding
of these issues and as a way to spread awareness, I wanted to provide
you with a way to do your part to help educate the broader community
and to participate in events in your local area as National Crime
Victims' Rights Week begins on Sunday, April 13. 2008.
Various components of the Justice Department continue to dedicate time
and resources toward addressing the needs of crime victims with
disabilities and their families.
In fact, last September, under the leadership of John Gillis, the
Director of the Office for Victims of Crime (OVC) of the Office for
Justice Programs (see http://www.ojp.usdoj.gov) was pleased to award
$2.5 million in funding through four cooperative agreements to address
victimization of persons with disabilities. (Also see
http://www.ojp.usdoj.gov/ovc for further information about this
Department component's work.)
* Under the solicitation "FY 07 OVC
Multi-Disciplinary Responses to Crime Victims with Disabilities," two
cooperative agreements, of $700,000 each were awarded to the Disabled
Persons Protection Commission (Quincy, MA) and SafePlace (Austin, TX)
to adapt and replicate each program's innovative multi-disciplinary
response model to crime victims with disabilities in four statewide or
community-based pilot sites across the nation. OVC's goals are for
these programs to increase reporting of victimization and ensure that
crime victims with disabilities receive comprehensive and accessible
services and are afforded fundamental rights including access to the
criminal justice system in the aftermath of criminal
victimization. As all this work moves forward, the Civil Rights
Division has remained steadfast in supporting these efforts by
proactively serving as a resource to OVC when needed and by working on
an ongoing basis to help foster greater collaboration between and
across various stakeholder lines.
* Under the solicitation "FY 07 OVC National
Training Conference on Responding to Crime Victims with Disabilities,"
two cooperative agreements of $550,000 each were awarded to Washburn
University of Topeka's Joint Center on Violence and Victim Studies
(Topeka, KS) and the National Center for Victims of Crime (NCVC)
(Washington, D.C.), which will coordinate to develop and administer
state-of-the-art, multi-disciplinary training at a national conference
to enhance practitioner responses to victims with disabilities and
further strategic partnerships at the local, state, and national level
to enhance victims' access to the criminal justice system and needed
services and support. $300,000 of this total funding is going
towards scholarships for multi-disciplinary community teams.
While Washburn University of Topeka and NCVC will collaborate to
deliver one state-of-the-art conference, it is OVC's intention that all
four of the new awardees will serve as a resource to one another's
projects and will coordinate to provide a knowledge and resource base
for the national conference. OVC's vision does not merely stem
from a desire to create an environment in which multi-disciplinary
service replication project partners serve in an advisory capacity for
the conference. Rather, its vision also entails these partners
having a greater capacity to provide proven training materials,
valuable professional resources, and public awareness raising
opportunities. The conference will, in turn, be an ideal national
forum to address the issue of serving crime victims with
disabilities where the replication project sites may network, receive
information, and promote their efforts under this important initiative.
In addition, presently under the stewardship of Cindy Dyer, Director of
the Office on Violence Against Women (OVW) of the Office of Justice
Programs, this Department component is taking steps to continue to
integrate the needs of women with disabilities into its efforts as
well, and it is working hand-in-hand with the Civil Rights Division to
tap into its significant knowledge of disability-related civil rights
issues. The most recent example of this is found in its
preparation for an upcoming national conference that will be bringing
together crime victims' rights advocates with victim/witness service
providers to continue to enhance service delivery systems in a way that
takes into account the needs of the individual victims and their
families. OVW has also established a grant program to support
"Education, Training and Enhanced Services to End Violence Against and
Abuse of Women with Disabilities." (See
http://www.ovw.usdoj.gov/WomenwithDisabilitiesBrief2002.htm.)
On yet another front, the Department's National Security Division,
which is still in its infancy (not more than two years old), is
beginning efforts to tap into the disability expertise of the Civil
Rights Division in order to serve those who have been and who become
victimized by terrorist attacks. This is the latest arena in
which the needs of the disability community are being integrated into
broader efforts.
The Civil Rights Division itself has increased its attention to the
needs of crime victims with disabilities through its own
internally-launched efforts over the years. Case in point, in
2005, the Division expanded its Project Civic Access program to
facilitate greater compliance with Title II of the Americans with
Disabilities Act and Section 504 of the Rehabilitation Act of 1973 by
examining the physical and programmatic accessibility of locally-funded
domestic violence shelters. It also tied the millions of visitors
to its ADA.gov site (more than 30 million unique visits per year, among
the most highly-visited in the entire Department) to resource
information available through OVC by posting a link directly to
disability-related resources and information. The Division is
also dedicating staff to supporting other Department components.
In 2006, the Division made history by publishing an article in
Networks, the national publication of NCVC, to focus prominent
attention on crime victimization of individuals with disabilities (see
http://www.ncvc.org/ncvc/main.aspx?dbID=DB_CrimeVictimswithDisabilities821).
This reached more than 13,000 victim/witness service providers
nationwide. Building upon that momentum and building upon work
driven by the White House between 2006 and 2007, the Division was
instrumental in facilitating an innovative partnership which was
announced on May 21, 2007, between NCVC, the Association of University
Centers on Disabilities, and the National Council on Disability to
promote greater cross-sector partnerships and to marry the disability
and crime victimization fields; and, the partnership was appropriately
named "Breaking the Silence.". This collaborative has resulted in
an electronic Town Hall Meeting done in partnership with the
Independent Living Resource Utilization Project and an OVC-sponsored
online forum, dedicated to helping to empower the community to learn
more about advocacy. The Civil Rights Division is also engaging
in closer efforts with the National Organization for Victims'
Assistance (NOVA).
The Civil Rights Division has also developed (among other materials)
two publications that are designed to assist law enforcement officers
in communicating with people with disabilities. These are:
* "Communicating with People Who Are Deaf or Hard
of Hearing: ADA Guide for Law Enforcement Officers." This 8-panel
pocket guide provides basic information for officers about ADA
requirements for communicating effectively with people who are deaf or
hard of hearing. (See http://www.ada.gov/lawenfcomm.htm.)
* "Model Policy for Law Enforcement on
Communicating with People Who Are Deaf or Hard of Hearing." This
4-page document serves as a model for law enforcement agencies when
adopting a policy on effective communication with people who are deaf
or hard of hearing. Agencies are encouraged to download and adapt the
policy to suit their needs. (See
http://www.ada.gov/lawenfmodpolicy.htm.)
The most recent illustration of enhanced attention to disability issues
was through the bestowing of a Crime Victim Services Award by the
Office for Victims of Crime to Dr. Nora J. Baladerian (see recipient
biographies at http://www.ojp.usdoj.gov/ovc/ncvrw/2008/2008bios.htm and
press press release at
http://www.ojp.usdoj.gov/newsroom/pressreleases/2008/ovc08013.htm), who
has dedicated more than 37 years of her life to issues affecting people
with disabilities within a crime victimization context. At a
luncheon that I attended yesterday, which was hosted by OVC Director
John Gillis and attended by (among other individuals) Associate
Attorney General Kevin V. Ryan, Acting Assistant Attorney General for
the Office of Justice Programs Jeffrey L. Sedgwick, Governor Phil
Bredesen of Tennessee, various Justice Department leaders and staff in
the crime victims field, and a number of leaders from national victim
advocacy organizations, Dr. Baladerian said:
-----
Thank you so much to those who supported selecting me to receive this
award. I deeply appreciate it, and I know it is for my work
helping crime victims with disabilities. Yet, it is truly a
larger statement. National recognition of work in the disability
arena at this level says people with disabilities matter to leaders at
DOJ, including at OVC. Even though people with disabilities are
victimized at 7 times the rate of the generic population, people with
disabilities have been disproportionately excluded from victims'
services and victims' rights. This award is a step toward righting the
wrongs of the past.
Some people say that these are invisible victims... I say
that they are not invisible but that they are ignored. They are
there...their requests for help are not given the same attention as
others. But they are right here, in our communities, ready to
receive help that is available to others.
They deserve at least as much justice as any other member of the
community. Yet, they are systematically excluded by those who say
they cannot do their work with THIS victim who has disabilities. I say,
YOU CAN DO IT. Let the challenge of something new or different be
the bridge to knowing how, not an excuse to go to an easier case.
If each person who hears this message decided to feel more positively
toward people with disabilities and to successfully conclude each case
or interaction with an A+ grade from the person they've served, the
problems we currently face in law enforcement and victim services
would continue to disappear.
I look into the future and in my dream, what do I see? I see that
every peace officer, investigator, prosecutor, judge, administrator and
service advocate, have in their heart and training experience an
awareness of the needs of people with disabilities; that these are
routinely included in the annual budgets and training activities; and
that there is a ready-made support system that seamlessly attends to
people with disabilities in all operations of crime prevention,
intervention and resolution. That in data collection, people with
disabilities are identified as victims and witnesses, so we can finally
have an accurate count of crime victimization of this 15% of the
population.
With an increased awareness of the needs of individuals with
disabilities and positive regard for them as full members of our
society, valuing them no differently than any other person, we can
become a society that lives its creed of freedom and justice for all.
Thank you for this award and recognition. Let me end with these 3
quotes " The exclusion of one from any community isn't a
community." Margaret Mead said, "Never doubt that a small group
of thoughtful, committed citizens can change the world. Indeed, it is
the only thing that ever has." And from Anne Frank, "How
wonderful it is that nobody need wait a single moment before starting
to improve the world." Thank you.
-----
Later that afternoon, she was presented with the award by Attorney
General Michael B. Mukasey at a ceremony attended by several hundred
people from across the country. At that ceremony via general
remarks, the Attorney General asserted, "At the Department of Justice,
we are well aware that a crime does not end with the commission of that
crime. The crime victim continues to suffer during the investigation,
during the trial, and in many cases for years afterward. Our system is
designed to bring justice through the application of the law, but that
system isn't always easy on the victim. ...[W]e are aware also that the
justice our system provides must include the victims of crime not only
as a matter of grace but as a matter of right."
Now, more than ever, disability issues within a crime victimization
context are being brought to the forefront an audience primarily
composed of individuals who may not have had as direct an experience
with working with crime victims with disabilities, and it is paving the
way for even more significant attention in the broader arena being
devoted to the needs of this constituency.
All of this brings me back to National Crime Victims' Rights Week,
which was first proclaimed by President Ronald Reagan in 1981. It
is important for all of us to do our part to end the silence on
victimization of men, women, and children with disabilities. To
learn more about how you may become involved, visit
http://www.ojp.usdoj.gov/ovc/ncvrw/welcome.html.
Below is the text of the proclamation of President George W. Bush in
honor of National Crime Victims' Rights Week (see
http://www.whitehouse.gov/news/releases/2008/04/20080411.html).
In addition, you may also read the prepared remarks of Attorney General
Mukasey (see
http://www.usdoj.gov/ag/speeches/2008/ag_speech_080411.html).
Please do whatever you can to spread this information far and
wide. Most important of all, Keith, remember that YOU can make a
difference.
--Ollie
- - - - - - - - - -
National Crime Victims' Rights Week, 2008
A Proclamation by the President of the United States of America
White House News
During National Crime Victims' Rights Week we highlight our dedication
to protecting and strengthening the rights of crime victims and their
families.
My Administration is committed to providing services and resources for
victims of crime so that they can find justice, hope, and healing in
their lives. To assist victims of domestic violence and their children,
my Family Justice Center Initiative established comprehensive support
centers in communities across the country. Through the Justice for All
Act of 2004, we expanded DNA testing and enhanced the scope and
enforceability of crime victims' rights. In 2006, I signed into law the
Adam Walsh Child Protection and Safety Act to expand the National Sex
Offender Registry, increase Federal penalties for crimes against
children, and protect our children while on the Internet. I also
support a Crime Victims' Rights Amendment to the Constitution. Through
these and other efforts, we can better protect our citizens and our
communities.
During National Crime Victims' Rights Week, we recognize the advocates,
counselors, and others who assist victims in their time of need, and
the law enforcement personnel who work to bring offenders to justice.
To learn more about victims' rights, Americans can visit
www.crimevictims.gov. By working together, we can help protect crime
victims and build a society that respects the life and value of every
person.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution
and laws of the United States, do hereby proclaim April 13 through
April 19, 2008, as National Crime Victims' Rights Week. I encourage all
Americans to promote awareness of victims' rights and advance this
important cause.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and
thirty-second.
GEORGE W. BUSH
*****
REMARKS AS DELIVERED BY ATTORNEY GENERAL MICHAEL B. MUKASEY AT THE
NATIONAL CRIME VICTIMS' RIGHTS WEEK AWARDS CEREMONY
Washington, D.C.
April 11, 2008 - 2:30 P.M.
Good afternoon. Thank you, Jeff; and thank you, John, for your years of
service to the Department of Justice, the people of the United States,
and the cause of protecting the rights of victims of crime.
At the Department of Justice, we are well aware that a crime does not
end with the commission of that crime. The crime victim continues to
suffer during the investigation, during the trial, and in many cases
for years afterward. Our system is designed to bring justice through
the application of the law, but that system isn't always easy on the
victim. As I said last night, we are aware also that the justice our
system provides must include the victims of crime not only as a matter
of grace but as a matter of right.
It wasn't so long ago that merely being a victim of crime, almost any
crime, was almost a stigmatizing experience. The prevalence of that
attitude was one reason why, in 1981, President Reagan first proclaimed
the observance of National Crime Victims' Rights Week in April of every
year. President Reagan's initiative was the beginning of a broad effort
to change how we think of crime victims and how they are treated.
This effort continues with the events of this week and next. Last
night, I participated in a candlelight ceremony, a solemn event in
which we gathered to remember crime victims and to rededicate ourselves
to efforts to help crime victims. Today, we gather to recognize those
who have made in some cases life-long commitments and sacrifices to
further assist the victims of crimes. The effort on behalf of crime
victims continues every day. It continues through the efforts of the
Department of Justice, and through the hard work and dedication of all
of you here today - not just the conferring of awards on the
recipients, but the recognition of the importance of everyone involved
in this field. These collective efforts have made a great difference in
how our society treats crime victims, and you are to be congratulated
for your success.
A couple of months ago I had an opportunity to meet with
representatives from several victims' rights organizations in a
roundtable discussion at the Department of Justice. One of the
attendees at that roundtable, Dan Eddy, is also one of today's award
recipients. I've seen other familiar faces here today and last night as
well. I was glad to have the chance at that meeting to hear for myself
some of the views those groups have about our work, and ways we can
continue working together to serve our common goals.
I said at that meeting what I want to say to you today: thank you for
all that you do, for all you've done, and for all that I know you will
do, to honor past victims of crime, to care for crime victims in our
communities, and to prevent future tragedies from occurring.
At last night's candlelight ceremony, we heard the moving remarks of
Dominick Dunne about the heartbreak he and his wife, Lenny, suffered
not only when their daughter Dominique was murdered, but also in the
ghastly treatment they received during the subsequent trial. We heard
John Gillis tell how he and his wife, Patsy, had their daughter Louarna
taken from as well. We heard how they, and other homicide survivors,
came together in their grief to support and educate each other, despite
the tragedies they suffered.
Next week will be John's seventh, and final, National Crime Victims'
Rights Week as director of the Office for Victims of Crime. I want to
thank him for his service to the Department of Justice and for his
efforts on behalf of crime victims.
The Department's recent accomplishments in protecting the interests of
crime victims are substantial, and I want to mention just a few of them.
Last August, we announced our first payments under the International
Terrorism Victim Expense Reimbursement Program, which was set up to
help pay expenses for victims of terrorist acts committed abroad. The
first payments went to aid victims of the bombings in Bali, Indonesia
in 2002 and in Riyadh, Saudi Arabia in 2003.
We have made progress in fighting identity theft and aiding victims of
that crime. The financial toll of identity theft can be crippling, and,
as many victims will tell you, it is often accompanied by emotional
distress. Last December, we announced millions of dollars in grants to
provide direct assistance to victims of identity theft and fraud
through efforts like legal assistance and counseling.
The Department has also expanded its support for nine legal clinics
around the country that provide direct pro bono representation to
victims in state, federal, and tribal criminal courts. The work of
these clinics can be invaluable.
In 2006, for example, one clinic we support in New Jersey represented
victims in a case against a nurse who was the worst serial killer in
the state's history, having murdered more than 30 of his patients. The
defendant refused to appear at his sentencing hearing-a shattering
development for the victim survivors who had been waiting for this
chance to give their loved ones a voice. It would have been a cruel
injustice to those families to let the killer deprive them of their
chance to voice their pain and sorrow through the simple expedient of
his not being there.
The New Jersey Crime Victims' Law Center filed a motion to compel the
defendant's attendance, with one mother saying plainly: "It is as
important to me as breathing air that the defendant be present when I
read my victim impact statement." The judge agreed, and at sentencing
more than 40 victim survivors spoke and showed photos of their loved
ones.
This is just one example of what the Department of Justice is helping
to do to help the victims of crime.
I'm proud of the fine work done by the men and women in the Department
of Justice, and of the dedication and example of our award recipients
tonight. In this mission, as in all of our efforts, we are dependent
upon the great work of our partners in the community and in law
enforcement at the state and local levels. These are big jobs, and we
can't do them alone.
Those we honor today-these professionals, volunteers, public servants,
and especially crime victims-deal with some of the most wrenching of
human experiences. They have chosen a vocation that brings them into
daily contact with tragedy, but they do it willingly to help others.
I'm here to tell you that I, and the Department of Justice, are
grateful for their efforts.
I thank you, all of you, for the important contributions you make, and
I thank you for inviting me to be a part of today's event.
Thank you very much.
- - - - - - - - - -
Olegario D. Cantos VII, Esq.
Special Counsel to the Acting Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Room 5529
Washington, DC 20530
(202) 514-8191 [Voice/Relay
(202) 307-2839 [Fax]
Ollie.Cantos@usdoj.gov [Email]
=======================================================================
FCC Adopts Rules for Delivery of
Commercial Mobile Alerts to the Public During Emergencies
4-10-08
Hi, Keith. In support of the Federal Communications Commission as
a fellow federal agency, I wanted immediately to forward a breaking
news item on the emergency preparedness front, which has a direct
impact on the lives of people with disabilities. This comes to us
from Cheryl King, Deputy Chief of the Disability Rights Office under
the Consumer and Governmental Affairs Bureau.
Thanks, and I hope this helps.
--Ollie
Olegario D. Cantos VII, Esq.
Special Counsel to the Acting Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Room 5529
Washington, DC 20530
(202) 514-8191 [Voice/Relay
(202) 307-2839 [Fax]
Ollie.Cantos@usdoj.gov [Email]
-----Forwarded Message-----
From: Cheryl King [mailto:Cheryl.King@fcc.gov]
Sent: Thursday, April 10, 2008 3:10 PM
To: Cheryl King
Subject: FCC ADOPTS RULES FOR DELIVERY OF COMMERCIAL MOBILE ALERTS TO
THE PUBLIC DURING EMERGENCIES.
Colleagues: This Report & Order includes specific alerts for
persons with disabilities, see especially paragraphs 57-67.
FCC ADOPTS RULES FOR DELIVERY OF COMMERCIAL MOBILE ALERTS TO THE PUBLIC
DURING EMERGENCIES. The Commission adopts rules to support
the ability of the nation's wireless carriers to transmit timely and
accurate alerts, warnings and critical information to the cell phones
and other mobile devices of consumers during disasters and
emergencies. News Release. News Media Contact: Robert Kenny at
(202) 418-2668; email: Robert.Kenny@fcc.gov PSHSB. Contact
Contact: Lisa Fowlkes at (202) 418-7452
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281433A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281433A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281433A1.txt>
THE COMMERCIAL MOBILE ALERT SYSTEM. Adopted rules necessary
to enable Commercial Mobile Service alerting capability for Commercial
Mobile Service providers who elect to transmit emergency alerts to
their subscribers. Action by: The Commission. Adopted:
04/09/2008 by R&O. (FCC No. 08-99). PSHSB
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-99A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-99A2.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-99A3.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-99A4.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-99A5.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-99A6.doc>
Cheryl J. King, Esq.
Deputy Chief, Disability Rights Office
Consumer & Governmental Affairs Bureau
Federal Communications Commission
445 12th St., S.W.
Wash., D.C. 20554
Voice: 202-418-2284
TTY: 202-418-0416
Fax: 202-418-0037
Email: Cheryl.king@fcc.gov