TBI RIGHTS & PUBLIC SAFETY OFFICER
When police come upon persons with disabilities it can often be the disability itself that complicates the encounter. This resulting complication may cause confusion, poor communication, misunderstanding, and at worst, the prospect of a risk of harm to the disabled person. TBI Survivors & Public Safety Officers clash during ‘Safety Stops’ called in by ‘innocent anonymous ‘bystanders’.
A TBI is an “Invisible Injury”. It is not visible that they have a disability, especially a neurological disorder.
TBI symptoms can appear as physical, cognitive and emotional issues.
Some of these include:
Physical: headaches, dizziness, sleep problems, fatigue, light sensitivity
Cognitive: difficulty concentrating, gaps in memory, slowed thinking, difficulty finding words
Emotional: Irritability, anxiety, depression, mood swings, quick to anger
TBIRA is recommending you become a member, and gain a WHITE CANE card (on your phone) to show Safety Officers you have proof of a disability. This may prevent you from being arrested.
Here are some common symptoms that cause TBI survivors to be arrested by Police. Police mistake the TBI symptoms for law enforcement issues of ‘loitering’, ‘criminal trespassing’, ‘disorderly conduct’, ‘aggressive behavior’(violent – public safety hazard), ‘assault’. For public safety issues, the police commonly mistake TBI symptoms for other conditions: mental illness, depression, drunk & disorderly, homelessness, and developmentally disabled. With these issues, the police will call an EMT, and have the TBI survivor sent to the Hospital for ‘mental health’ evaluation. They will leave it to the experts in Medical Hospitals or Courts to decide if the problem is TBI disability related. TBI Survivors are 16 times more likely to be arrested than the general public. Police see their job as to keeping the peace. Somone has called the Police, and their job is to remove you.
Let’s look at some common situations facing a TBI survivor:
Fatigue
The TBI Survivor point of view:
TBI comes with overwhelming fatigue. Sleeping 16 hours a day the first year is common. When out in public doing errands or shopping the TBI Survivor may be overwhelmed with the need to sit or lay down. They must rest. Sometimes that means sitting on the floor, if a bench or chair cannot be found. This is often objected to by the business owner/manager. They are asked to stand. Sometimes the TBI Survivor can’t stand. Then they are evicted from the premises. If the TBI Survivor doesn’t leave the owner/manager calls the Police. Sometimes the manager never asked the TBI survivor to leave, and they call the Police to handle it for them. Police will say “You must come with me. You are arrested for ‘Trespassing”. You have been asked to leave and you didn’t comply. I am just enforcing the peace, and protecting business.
Another case could be finding a bench to lay-down in the park, or along the street. The TBI Survivor just needs to rest. Police will come by and kick their feet, saying “You can’t sleep here. Get up or you will be arrested for “Loitering” or ‘Disorderly Conduct”.
The Police point of view:
The Police have been called to remove the TBI from the premises. The Police don’t know if the Owner/Manager spoke to the TBI survivor in advance of their arrival. Their job is to ‘keep the peace’, and remove the offender from the premises. The Police see their role as protecting the business from a nuisance and preventing customer loss by disturbing behavior. In this way, the Police believe they are ‘just doing their job’. Protests by the TBI Survivor are of little use. The Police are going to arrest you anyway for being found on the premises. They will let the courts sort out if you were properly notified before the Police arrived to remove you. The TBI Survivor is going to Jail due to their fatigue, and not fitting into society’s norms.
Emotion Lability:
The TBI Survivor point of view:
Sometimes the TBI survivor is overwhelmed by the losses they have sustained, and the hardship they are suffering. They may start to cry. Due to the LIMBIC SYSTEM (emotion, memories, and arousal) emotions are very close to the surface in a TBI Survivor, they lack the same emotional control they had previously. They have the emotional control of children. Due to their TBI they may have social judgement deficits. Their cognitive levels may be diminished, measured at the level of a juvenile regardless of their actual chronological age due to the Brain Injury.
Crying in public is TABOO. When they are seen ‘crying’ someone will think they ‘need help’, and call the Police for help by an EMT. When the EMT comes they are carted off to the Hospital for a ‘mental health evaluation’. Intake at the Hospital usually defer to experts at a Mental Health Hospital. The Mental Health Hospital decides to ‘observe them for treatment’, admitted to a Mental Health Hospital after a TDO (Temporary Detention Order). When the TBI Survivor tells the doctors they have a TBI, it does no good. The doctors (psychiatrists, no neuropscyhs are on staff) are looking for a ‘mental imbalance’. They are predisposed to prescribe medication to affect ‘mood’. Next thing the TBI Survivor knows, they are admitted and awaiting an ‘involuntary commitment’ Court Hearing.
TBI survivors have been known to be stopped by security officers for crying inside a building. Security Officers tell them, they are disturbing other patrons, and asked to leave the premises. They have been known to be banned from the building.
All for crying in public.
The Police point of view:
The Police/Security Officer have arrived to the call for calming the atmosphere of the establishment. The Police are worried about you ‘disturbing other patrons’. If you are in a Private building you will be charged with ‘trespassing’ as the establishment doesn’t want you there, or you must go with the EMT. If you are in public, the Police officer will see it as their duty to call the EMT, and have them make a decision on your emotional stability and need for mental health services. Generally, Police accompany them with a TDO – a 72/hr. hold. This TDO are not part of your Police Record. The admission to a Mental Hospital is a record that is reported to the State Police for your history of arrests/detainments. The Police don’t want to talk to the TBI Survivor, they are there to guard the process for you to speak to mental health professionals.
Confusion:
The TBI Survivor point of view:
The TBI Survivor is without a ‘FILTER’ of stimuli. They are busy processing information from the task they are trying to perform. They may take a long time to finish what they are doing due to the ‘lack of organization skills’. TBI Survivors may take time to respond to instructions from superiors, authorities, safety officers, or security guards. The TBI Survivor is not trying to ignore, or resist what they are being told. They are trying to figure out, how to comply and still go on with the task. TBI Survivors have been removed from stores, while trying to shop. Police need to give them help with directions or assist them to get to their location and finish their task. Not arrest them. Police and Security Officers think the TBI Survivor is not complying with the request. They escalate the situation, and arrest the TBI Survivor for petty crimes like “loitering”, “trespassing”, “disorderly conduct”, or “obstructing justice”. If, the TBI Survivor resists and protest the arrest, and have an “anger outburst’ or aggressive behavior’, they may be charged with ‘resisting arrest’, ‘assault’, ‘obstructing a police officer.’ Next thing the TBI Survivor knows, they are going to jail. Now, the TBI Survivor has a criminal proceeding on their record. Usually, the Judge is understanding, but the record stands and impacts employment opportunities, and security clearances. This ruins the chances for regaining their life after the TBI heals.
The Police point of view:
Police have been called about a disturbance at a Public building, or Private business. The TBI Survivor may be slow at finding their next destination and figuring out transport. Or, trying to figure out their next errand. Police usually take the word of the Security Officer, seeing them as ‘brothers’ in the safety industry. The bottom line is: The TBI Survivor is not complying with Management/or/Security Officer. They will remove you from the premises, and talk to you about your problem. When you tell them you have a TBI, and need more time, the Police think you need expert help and need a ‘mental health’ evaluation. Police call the EMT and begins the process of admission to a Mental Health crisis center. The ‘innocent bystander’ report is all they need with the Security Officer statement of non-compliance for the TDO.
SAFETY OFFICER TRAINING
There is a need for Safety Officer Training for recognizing different neurological processes, and behavior due to: Mental Illness, Traumatic Brain Injury, Developmentally Disabled, PTSD, Stroke, Drunk & Disorderly, and Illegal Drug Induced behavior. In the last 10 years, many States have instituted Training for TBI.
NEW NATIONAL LAW:
H.R.2992 – Traumatic Brain Injury and Post-Traumatic Stress Disorder Law Enforcement Training Act
117th Congress (2021-2022)
Make link https://www.congress.gov/bill/117th-congress/house-bill/2992/text
The measure provides $270 million over five years for a new training program to help law enforcement and other first responders better recognize and respond to individuals suffering from the two conditions. It also requires the government to solicit recommendations from health and veteran’s groups for how best to interact with people suffering from TBI or PTSD. TBI & PTSD are the signature injuries in the Iraq & Afghanistan wars. Online site to be produced by Director of the Bureau of Justice Assistance for distribution by CDC and added to the Police Mental Health Toolkit
Representative Bill Pascrell: Co-Chair Congressional Brain Injury Taskforce
HIGHLIGHT TEXT and make a LINK PUT IN Pop-up in Congressional Brain Injury Task Force
“Many common symptoms of TBI or PTSD, like confusion or impaired memory, are often mistaken for intoxication,” Pascrell said on the floor of the House in support of the bill. “Other symptoms, including agitation, can unnecessarily escalate interactions. Ensuring officers can quickly recognize the signs and symptoms of TBI and PTSD will improve both public safety and the safety of our first responders.”
American Federation of State, County, &N Municipal Employees, AFL-CIO supports the Bill.
California Peace Officer Safety Training on PTSD and Traumatic Brain Injury
Cal. Penal Code Sec 13514.36 ( 2010 SB 1296)
Make Link: https://youtu.be/BZxQFD4RXI0?si=uJltUVVQRPtJXnQa
California was the 1st State to offer Peace Officer Safety Training on TBI & PTSD. Their Training program has been recognized as the finest in the USA. It is copied by other states.
Training Law Enforcement Officers to Differentiate Traumatic Brain Injury From Alcohol Intoxication
Contemporary Issues in Communication Science and Disorders • Volume 43 • 154–163 • Spring 2016 © NSSLHA 1092-5171/16/4301-0154
Make Link: https://pubs.asha.org/doi/pdf/10.1044/cicsd_43_S_154
What Should Law Enforcement Officers Know About Traumatic Brain Injury?
Make Link: https://www.virtra.com/police-training-and-understanding-subjects-with-traumatic-brain-injuries-blog/