Public Safety

A federal district court has issued a temporary nationwide injunction requiring the Trump administration to maintain much of the Deferred Action for Childhood Arrivals (DACA) program. Four states (California, Maine, Maryland, and Minnesota) and two local governments (San Jose and Santa Clara County) are among the plaintiffs who sued the Department of Homeland Security (DHS).

DACA was established through a DHS Memorandum during the Obama presidency. The program allows undocumented persons who arrived in the United States before age 16 and have lived here since June 15, 2007, to stay, work, and go to school in the United States without facing the risk of deportation for two years with renewals available.

DHS rescinded DACA on September 5, 2017, after receiving a letter from the Attorney General stating the program was unconstitutional and created “without proper statutory authority.”

In the wake of devastating mass shootings in Las Vegas and Texas last fall, policymakers are feeling pressure to do more to protect citizens from gun violence.

Although federal law prohibits the sale of firearms to individuals with mental illness, lax reporting by states and our armed forces make it far too easy for people experiencing severe mental health problems to obtain firearms. The federal database that runs all background checks prior to purchasing a firearm is the National Instant Criminal Background Check System (...

Before the start of the year, New York, Philadelphia, and San Francisco continued the trend, started last year with the sanctuary jurisdictions executive order, of cities suing the federal government.

In their recently filed compliant these cities ask a federal district court in Virginia to order the military to comply with a federal statute requiring federal agencies (including the military) to inform the Federal Bureau of Investigation (FBI) when the agency “has a record demonstrating” that a person has, among other things, committed a crime that prevents him or her from possessing a firearm.

The Ninth Circuit opinion temporarily striking down President Trump’s third travel ban was met with little fanfare likely for two reasons. The decision came down right before Christmas (December 22). And in early December the Supreme Court allowed the third travel ban to go into effect until the Supreme Court rules on it, even if the Ninth Circuit (or Fourth Circuit) were to strike it down in the meantime.   

CSG Midwest
Minnesota Rep. Marion O’Neill first became aware of the prevalence of mental health and substance abuse disorders in the state’s prisons while serving on the Legislature’s Prison Population Task Force in 2015.
State corrections officials told the task force that 85 percent to 90 percent of inmates had a chemical dependency, 60 percent had mental health issues, and 11 percent were severely mentally ill.
“It was clear we needed to address these individuals’ underlying issues, not just the criminal behavior,” O’Neill says.
She also learned that the majority of prison admissions — 64 percent in 2016 — were people whose parole or probation was revoked due to technical violations such as missing a meeting or failing a drug test, as opposed to individuals who had committed new crimes.
This year, O’Neill sponsored legislation that requires parole and probation agents to consider community-based alternatives to incarceration for nonviolent drug offenders who violate the conditions of their probation or parole.
Under the new law, before revoking an offender’s probation or parole for a technical violation, agents must identify “options to address and correct the violation,” such as inpatient substance abuse treatment.

The Council of State Governments will host its 2017 National Conference from December 14th-16th in Las Vegas, Nevada. The meeting will offer engaging policy sessions geared toward state officials in all three branches of government. To access copies of speaker presentations, please visit the individual session pages below.

The Supreme Court has allowed the third travel ban to go into effect at least temporarily while two federal circuit courts of appeals review decisions from lower courts temporarily blocking enforcement of the travel ban. Even if the government loses before the appeals courts the travel ban will remain in effect until the Supreme Court rules on it or refuses to rule on it (unless the government doesn’t appeal to the Supreme Court).

The president’s second travel ban prevented people from six predominately Muslim countries from entering the United States for 90 days. In June the Supreme Court temporarily prevented it from going into effect against those with a “bona fide relationship with a person or entity in the United State” until the Court could hear the case on the merits in early October.

The Judges and Psychiatrists Leadership Initiative released Practical Considerations Related to Release and Sentencing for Defendants Who Have Behavioral Health Needs: A Judicial Guide and an accompanying bench card, which were developed with the support of the American Psychiatric Association Foundation and the CSG Justice Center. The resources are designed to assist judges in making informed connections to treatment for people with behavioral health needs who enter their courts.

CSG Midwest
Ohio has become the latest state in the Midwest to change its constitution with a goal of improving the rights of crime victims.
CSG Midwest
According to the Urban Institute (which tracks state laws on body cameras), all states in the Midwest exempt body camera footage from Freedom of Information Act requests. And over the past three years, legislatures in at least seven Midwestern states — IllinoisIndianaKansasMichiganMinnesotaNebraska and North Dakota — have passed laws that set guidelines on police use of body cameras and/or public access to the recordings.

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