The Arc New York recognizes that a number of people who have intellectual and other developmental disabilities have been identified as having criminal, high risk and unacceptable behaviors. These individuals are not able to remain at home with their families and may require a more secure, highly structured environment as an alternative to the prison system.
It is the Position of TheArc New York that:
- OPWDD must address the ever-increasing needs of this growing population by providing proper financial and environmental supports.
- OPWDD must ensure properly trained clinical personnel to provide intensive therapeutic treatment.
- Proper planning with input from family and/or advocates must occur for all placements.
- The civil and legal rights of all persons with intellectual and other developmental disabilities must not be compromised because of the need for specialized environments.
- Legal rights and the right to due process should not be abridged when placement or referrals to specialized treatment units are made.
- OPWDD needs to develop a clear and consistent process for an emergency treatment/crisis intervention response.
- Exclusion and segregation from the community must never be the norm; return to community living, where possible, must remain the goal.
- The state shall remain the provider of last resort.
- When an individual has been assessed and determined appropriate for movement to a less restrictive community setting, it is imperative that necessary supports and resources are in place prior to returning to a community setting.