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CITY OF AUSTIN CIVIL RIGHTS The City of Austin is currently seeking community input to better educate and enforce Civil Rights Ordinances/Laws within the Austin Community. You can provide input by attending an upcoming workshop or by completing a survey. JOIN US FOR A COMMUNITY WORKSHOP Arrive promptly at 6:30 pm Weds, Feb. 19 – Asian American Resource Center, 8401 Cameron Rd, Thurs. Feb. 27 – North Austin YMCA, 1000 W Rundberg Ln, Weds. March 4 – Ruiz Branch – Austin Public Library, 1600 Grove Blvd, Fri. March 6 – Turner Roberts Rec Center, 7201 Colony Loop Dr, Weds. March 11 – Carver Library, 1161 Angelina St, To request translation services contact Austin 3-1-1 PROVIDE YOUR INPUT ONLINE AT SPEAKUPAUSTIN.ORG/CIVILRIGHTS For More Information: CivilRights @austintexas.gov 512-974-3252 Ending the War on Drugs in Travis County How Low-Level Drug Possession Arrests are Harmful and Ineffective The Texas Criminal Justice Coalition, the Texas Harm Reduction Alliance, Grassroots Leadership, and the UT Law Civil Rights Clinic launched a research project to analyze data for 2,900 less-than-a-gram drug possession arrests in Travis County (Austin), Texas, from June 2017 to May 2018, a one-year period; this offense is considered a state jail felony under Texas law. We conducted this research in response to the increasing rate of drug possession arrests in Travis County, and to identify ways to reduce such arrests. Why This Research Project? ● Between 2013 and 2017, the number of Possession of a Controlled Substance (POCS) arrests in Travis County increased by 43 percent,1 and Travis County courts saw a 66 percent increase in the number of new felony drug possession cases, rising from 1,786 to 2,977 – a rate of increase that is 2.5 times higher than the increase in drug possession cases in all Texas courts.2 In 2017, POCS cases in Travis County had increased at such an alarming rate that county officials considered building more jail cells, especially to house the growing number of women arrested for drug possession. In 2017, the fourth leading charge for distinct days in jail for women in Travis County was less-than-a- gram POCS (a state jail felony), which accounted for 33,939 days. Of those days, almost 32 percent were for Black women,3 despite the fact that Black individuals comprise less than 9 percent of Travis County’s population,4 and Black women comprise roughly half that total, or 4.5 percent. ● ● ● The War on Drugs has been found to destabilize families, introduce childhood trauma, and reduce access to resources such as health care, education, housing, and employment.5 Rather than restoring people to wellness, low-level drug enforcement worsens the conditions that perpetuate drug use, and it does so disproportionately according to race and socio-economic status. What We Found ● From 2017-2018, Black individuals represented 29 percent of less-than-a- gram POCS cases in Travis County, despite comprising less than 9 percent of the county’s population.6 ● Forty-seven percent of POCS charges that we analyzed originated from motor vehicle stops, typically for minor traffic violations such as failure to signal or expired registration. Our findings amplify concerns raised in a recent report from the City of Austin, which found a disproportionate number of motor vehicle stops and searches targeting Black and Latinx populations in Austin.7 February 2020 1 ● For Latinx individuals arrested for less-than-a- gram POCS cases, 57 percent of cases originated with a traffic stop for a minor traffic violation (coded as TS in the graphs at right and below). The same was true for Black motorists in 44 percent of less-than-a-gram POCS arrests. Code TS SUD WC SV SP SD POCS Arrest Circumstance Codes Meaning Traffic Stops (for minor motor vehicle violations) Suspected of Using Drugs Welfare Check Suspicious Vehicle Suspicious Person Suspected of Dealing ● Half of POCS cases relating directly to medical or mental health crises resulted in jail time anywhere between two days and two years, delaying or denying the immediate need to respond to medical and mental health needs. ● Arrests for less-than-a-gram POCS cases were most heavily concentrated (1) near the Rundberg Lane/I- 35 corridor, (2) in downtown Austin, (3) on East Riverside Drive, (4) between East Oltorf Street and East Riverside Drive, and (5) in the William Cannon Drive/I-35 corridor. The highest concentration of arrests was near the Austin Resource Center for the Homeless (ARCH). Examples of Minor Cases with Major Consequences ● One Black male was arrested for .01 grams of crack cocaine, given a bail amount of $12,000, and later ● One Black male was arrested for possession of .003 grams of cocaine, given a bail amount of $3,000, sentenced to 9 months in jail. and later sentenced to 150 days in jail. ● One Black female was arrested for .078 grams of methamphetamine, given a bail amount of $25,000, and sentenced to 270 days in jail. Discussion Drug Possession Arrests: An Ineffective Practice with Harmful Consequences ● When a person has a felony arrest record – even for something as minor as possessing less than one gram of a controlled substance – the collateral consequences create barriers to employment and occupational licensing, housing, social services, education, and civic participation. • Using the justice system to address substance use disorder simply does not work. Drug possession arrests do not connect people with social services or treatment. Instead, a costly investment in incarceration, which disrupts people’s jobs and lives, fails to address the root cause(s) of criminalized behavior and produces no positive public health effects. February 2020 2 • Studies show that aggressive practices in traffic stops cause problems, including racial disproportionality – specifically high rates of traffic stops of Black individuals – and erosion of trust between police and communities targeted for traffic stops.8 Drug Possession Arrests and the Risk of Overdose or Mental Health Crisis ● In five percent of cases we analyzed, the police responded to an overdose or suicidal crisis. The police either took the individual directly to jail or awaited their release from the hospital to bring them to jail. ● For people at risk of overdose, the time following release from jail has been known to be a high-risk time for death, with 48.5 percent of these deaths being drug-related.9 ● Because aggressive traffic stops and other War on Drugs strategies have proven ineffective, local communities are re-focusing resources on more compassionate strategies to prevent harm to drug users, connect them to services and treatment as needed, and prevent deadly overdoses and suicides.10 Drug Possession Arrests and Pretrial Jail Detention ● Even brief periods of jail detention disrupt work and family life. Long term, jail detention decreases employment and other economic opportunities, which can increase the likelihood of future justice system involvement. In one recent study, three-fifths of jail inmates were readmitted within four years of release.11 ● A significant portion of arrestees for POCS that we studied were denied the opportunity for pretrial release (at least 475 out 1,811 cases where POCS was the offense charged), either because they did not qualify for a personal recognizance bond or could not afford bail. In these cases, the most common outcome was a county jail or state jail sentence. In a study controlling for variables such as offense seriousness, prior record, and demographics, pretrial detention was still the strongest predictor of both incarceration and length of sentence.12 ● Recommendations for Travis County (1) Reduce the Use of Motor Vehicle Stops as the Primary Means of Drug Enforcement. The heavy use of traffic stops that lead to motor vehicle searches not only increases the number of people brought into the justice system, but it engenders community animosity – even in communities that have requested a police presence to address issues of violence and property crime. Many people of color have experienced being stopped by the police for the most minor of violations, or no violation at all. Police should end law enforcement practices that rely on racial profiling and the use of motor vehicle stops as the primary means of drug enforcement. (2) Develop a Harm Reduction-Based Municipal Strategy to Address Substance Use. Many cities and counties around the country have reduced reliance on punitive policing and criminalization of illicit drug use in favor of harm reduction-based strategies. Travis County leadership should consider doing the following: − Create a pre-arrest deflection program for people who want and need help. Deflection programs allow police to refer individuals to community-based services in lieu of arrest. An example in Travis County is the Sobering Center, which serves as an alternative to arrest for public intoxication. Implement a hospital-based deflection program. People brought to the hospital following an overdose would not be arrested but instead would receive peer-to-peer navigation services. − February 2020 3 − Adopt a Good Samaritan policy to protect people calling 911 during an overdose. Note: States with Good Samaritan laws experienced a 15 percent decrease in overall opioid deaths and an even greater decrease in opioid deaths among Black individuals (26 percent) and Latinx individuals (16 percent).13 (3) End the Prosecution and Incarceration of People for Less-Than-a-Gram Drug Possession Cases. Officials in other cities have begun to halt prosecutions for possession of personal-use quantities of drugs, allowing them to instead invest in community-based services to address the health of residents who may contend with substance use disorder.14 The Travis County District Attorney’s Office should similarly do the following: − Recognize the harms done through a punitive approach to personal drug possession and decline to accept charges for cases involving personal-use amounts of drugs. − Decline to prosecute individuals for low-level drug possession, especially if the case arose from a vehicle search. Where prosecution for drug possession is necessary, limit it to cases where it was not the most serious offense. Citations 1 Texas Department of Public Safety, Criminal History Arrest and Conviction Statistics: 2019 - Arrest Stats by County (XLSX). County Arrest Records: 2013–2017, http://www.dps.texas.gov/administration/crime_records/pages/crimhistoryrptng.htm. 2 Office of Court Administration, Court Activity Database, https://card.txcourts.gov/. 3 Travis County Sheriff’s Office, Data Request, 2018. 4 United States Census Bureau, Quick Facts: Travis County Texas, Population estimates: July 1, 2019, https://www.census.gov/quickfacts/traviscountytexas. 5 Karima Clayton, “The Collateral Consequences of the War on Drugs: An Interpretive Phenomenological Analysis of the Experience of Daughters Who Experienced Paternal Incarceration as a Result of the War on Drugs,” Columbia Academic Commons, https://academiccommons.columbia.edu/doi/10.7916/D89S1QB9. 6 United States Census Bureau, Quick Facts: Travis County Texas, 2019. 7 Office of Police Oversight, Joint Report: Analysis of APD Racial Profiling Data, January 2020, http://www.austintexas.gov/edims/pio/document.cfm?id=334984. 8 Jonathan Blanks, Thin Blue Lies: How Pretextual Stops Undermine Police Legitimacy, 66 Case W. L. Rev. 931 (Summer 2016). 9 B. Alex, D. Weiss, F. Kaba, Z. Rosner, D. Lee, et al, “Death After Jail Release: Matching to Improve Care Delivery,” Journal of Correctional Health Care, 23(1), 83–87 (2017), https://doi.org/10.1177/1078345816685311. 10 See e.g., Local Progress and Drug Policy Alliance, Lessons in Taking Drug Policy Reform Local, Sept. 11, 2019, http://www.drugpolicy.org/sites/default/files/dpa-localprogress-mds-policybrief_0.pdf. 11 A.B. Wilson, J. Draine, T. Hadley, S. Metrazux, and A. Evans, “Examining the Impact of Mental Illness and Substance Use on Recidivism in County Jail,” Public Health and Policy Perspectives for Psychiatry and Law, (2011), 264-268. 12 J.C. Oleson, C.T. Lowenkamp, T.P. Cadigan, M. VanNostrand, and J. Wooldredge, “The Effect of Pretrial Detention on Sentencing in Two Federal Districts,” Justice Quarterly, 33, no. 6 (October 2016), 1106. 13 Texas Health and Human Services Commission, Overview of Drug Overdose Good Samaritan Laws, Presentation to the House Select Committee on Opioids and Substance Abuse, 2018, https://www.dshs.texas.gov/legislative/2018- Reports/DSHS_SC-Opioid_Good-Samaritan-Laws.pdf. 14 Jason Jouvenal, “No Charges for Personal Drug Possession: Seattle’s Bold Gamble to Bring ‘Peace’ After the War on Drugs,” The Washington Post, June 11, 2019, https://www.washingtonpost.com/local/public-safety/no-charges-for- personal-drug-possession-seattles-bold-gamble-to-bring-peace-after-the-war-on-drugs/2019/06/11/69a7bb46-7285-11e9- 9f06-5fc2ee80027a_story.html. February 2020 4 1/29/2020 Participation Sign-up: Ready, Set, Count - Google Forms Pa icipation Sign-up: Ready, Set, Count Questions Responses Section 1 of 2 Pa icipation Sign-up: Ready, Set, Count Theme: Counting in Your Community Submissions are encouraged in all mediums, languages, and cultures A special day appreciating creatives and the upcoming Census! Entry Form Needs to be Submitted by Thursday, March 13, 2020 11:59 PM During the week of Spring Break, all participants will be contacted through email as a confirmation and details for March 29th showcase. Full Name * Short answer text AISD School Attending * Short answer text Grade Level * 1. Kindergarten 2. 1st 3. 2nd https://docs.google.com/forms/d/15Ybh3epCQxhDsppqZWtERP0f3nI98rlq8Oh24ChByb0/edit 1/6 1/29/2020 Participation Sign-up: Ready, Set, Count - Google Forms 4. 3rd 5. 4th 6. 5th 7. 6th 8. 7th 9. 8th 10. 9th 11. 10th 12. 11th 13. 12th 14. Other Performance or Displayed Category? * Performance Category: Dance Performance Category: Performing Arts Performance Category: Musical Arts Performance Category: Theatrical Arts Performance Category: Poetic Arts Performance Category: Athletics Performance Category: Other https://docs.google.com/forms/d/15Ybh3epCQxhDsppqZWtERP0f3nI98rlq8Oh24ChByb0/edit 2/6 1/29/2020 Participation Sign-up: Ready, Set, Count - Google Forms Displayed Category: Film & Digital Displayed Category: Visual Arts Displayed Category: Journalism & Media Displayed Category: Other How many participants? * Displayed Category: Recording Submissions of any of the Performance Category 1. Solo 2. Duet 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 https://docs.google.com/forms/d/15Ybh3epCQxhDsppqZWtERP0f3nI98rlq8Oh24ChByb0/edit 3/6 1/29/2020 Participation Sign-up: Ready, Set, Count - Google Forms 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 27. 27 28. 28 29. 29 30. 30 Languages used in performance? (if only English, please indicate) * Short answer text After section 1 Continue to next section https://docs.google.com/forms/d/15Ybh3epCQxhDsppqZWtERP0f3nI98rlq8Oh24ChByb0/edit 4/6 1/29/2020 Participation Sign-up: Ready, Set, Count - Google Forms Section 2 of 2 Contact Information This will help us keep you in the loop and any updates for the event Preferred Phone Number * Short answer text Preferred Email Address * Short answer text Emergency Contact Name * Short answer text Emergency Contact Phone Number * Short answer text Yes Other Will you be able to have submission material, ie Songs, Display, Video, etc, in by March 13th * https://docs.google.com/forms/d/15Ybh3epCQxhDsppqZWtERP0f3nI98rlq8Oh24ChByb0/edit 5/6 1/29/2020 Participation Sign-up: Ready, Set, Count - Google Forms Details or Comments about your Performance or Display. If none, input N/A * Long answer text https://docs.google.com/forms/d/15Ybh3epCQxhDsppqZWtERP0f3nI98rlq8Oh24ChByb0/edit 6/6 Inviting all AISD Students to participate in Ready, Set, Create Theme: Help Your Community be Counted! Ask not what your community can do for you – ask what YOU can do for YOUR community Calling ALL AISD creatives to showcase their talents as communities in Austin come together to be counted in the 2020 Census. Submissions are encouraged in all mediums, cultures, and dual languages! Submission Deadline: Thursday, March 12 Items turned in at the front desk of school or emailed. Follow QR Code for submission. https://forms.gle/zRxTUXKJkGnovEVi8 MARCH 29, 2020 OPEN HOUSE FROM NOON TO 2:30 PM BLACK BOX THEATRE AT 1500 Barbara Jordan Blvd, Austin, TX 78723 Day to enjoy the students submissions and talents with food 1 truck on site from Noon-2:30PM, fun, and community ! Don't miss out! Categories! Performed Displayed H. Film & Digital I. Visual Arts J. Journalism & Media K. Recording Submissions of all of the above L. Other ALL Individual and group submissions are welcome How to Participate A. Dance B. Performing Arts C. Musical Arts D. Theatrical Arts E. Poetic Arts F. Athletics G. Other Create Enjoy showcase on March 29 Submit Entry Form (https://forms.gle/zRxTUXKJkGno and Submission by Thursday, March 12 to your front desk of school or emailed vEVi8) What is the census? The census is a critical tool for municipalities to receive resources, inform local policy, and ensure that Please follow these links to learn more, https://nextcenturycities.org/census-kiosk-toolkit/ and all are represented. YOU are important. shorturl.at/hlqDQ For questions, please contact us at (512) 347 7722 or email at austinasianimpact@gmail.com During the week of Spring Break, all participants will be contacted through email as a confirmation and details for March 29th showcase. Courage to Be: Thursday, February 20, 2020 | 6:30-8:30pm Celebrate the 28th anniversary of Saheli, the first organization in the South to serve Asian families impacted by domestic violence. Enjoy stories from the early members of Saheli and explore the archival exhibition, Courage To Be: The Saheli Story, on display through April 2020. Light snacks and refreshments provided. This event is presented by the Asian American Resource Center, Austin History Center and Asian Family Support Services of Austin (AFSSA). Free RSVP at aarcatx.eventbrite.com The City of Austin is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. For assistance please contact (512) 974-3916 or Relay Texas 7-1-1. Asian American Resource Center 8401 Cameron Road, Austin, Texas 78754 512-974-1700 | austintexas.gov/aarc