ELIZABETH KELLEY

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11/28/2022

Arizona Governor Issues Executive Order Protecting People With Disabilities

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Arizona Governor Doug Ducey issued an executive order aimed at protecting people with disabilities, a few years ago. The Governor is ordering three state agencies, the Arizona Health Care Cost Containment System, the Arizona Department of Health Services, and the Arizona Department of Economic Security to strengthen protection for some of the state’s most vulnerable residents. The aim is to protect people with disabilities from abuse and neglect by caregivers and other individuals.
 
Great First Step
 
The executive order came one week after the Arizona Developmental Disabilities Planning Council(ADDPC) issued a report calling for greater protection for those individuals with disabilities. These improvements include better training for staff, parents, and guardians. When he issued the executive order, the Governor indicated that he wanted stricter oversight, increased accountability, and to hold bad actors accountable for abuse and neglect. 
 
Many feel that the executive order was issued in response to the sexual assault of a 29-year old resident of an Intermediate Care Facility for the Intellectually Disabled (ICF-ID). The victim gave birth in December. A nurse at the facility has been charged with rape. 
 
More Likely to be Victims
 
In the executive order, the governor notes that individuals with intellectual disabilities are seven times more likely to be sexually assaulted. This is also true for those with intellectual and developmental disabilities that live in group homes and other facilities. Two mentally disabled clients at a community center in Virginia were discovered to be pregnant. In February, Bernard Betts-King, a behavioral specialist at the center, was charged with sexually assaulting both women. DNA tests showed that he was the father to at least one of the women’s children.
 
Individuals with intellectual and other disabilities are also vulnerable to other forms of abuse and neglect by caretakers in facilities. Many people with intellectual and developmental disabilities (IDD) require assistance with their daily tasks. This leads to close and frequent contact with caretakers. It can be difficult for individuals with IDD to recognize when they aren’t being treated properly and to report the situation.
 
With an increase in oversight and protections for individuals with disabilities, the Governor hopes to make Arizona a safer place for the vulnerable. Requiring increased training for caregivers on how to recognize abuse and neglect and posting instructions on how to report abuse and neglect can make it so that other employees can hold their co-workers responsible. 
 
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.

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11/21/2022

Specialized Court in Las Vegas Helps Autistic Youth

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​After noticing a growing number of young people with symptoms of autism in the criminal justice system, Clark County Juvenile Court Hearing Master Soonhee “Sunny” Bailey and Family Court Judge William Voy launched a new court. The Detention Alternatives for Autistic Youth Court, or DAAY Court, was launched a few years ago. DAAY Court is a specialized court geared toward helping troubled young people on the autism spectrum. Bailey recognized the symptoms of autism in some of the youth she encountered and knew that many of them were not receiving the treatment they required.
 
Most of the kids who come before the DAAY Court have had no therapy at all for their condition. The arrests that bring them to court are frequently a side effect of being on the autism spectrum. The goal of the DAAY Court is to get these kids and teenagers the help they need now before they become adults. When a juvenile defendant is identified as possibly autistic, the family is connected with community service workers in court. Defendants check in with the court on a regular basis.
 
Autism and the Criminal Justice System
 
Courts like the DAAY Court are important because too often young people with autism spectrum disorder (ASD) become involved with the criminal justice system. Much of this involvement stems from a lack of treatment for ASD and a misunderstanding by law enforcement and the court system about the symptoms of ASD and what it means for an individual’s behavior. Perceived antisocial behavior, an inability to pick up on social cues and issues with verbal and nonverbal communication can all lead someone with ASD into the criminal justice system. A court with a judge that understands the unique challenges faced by someone with ASD is important to ensure that justice is truly achieved. Punishing someone for demonstrating the symptoms of ASD will not help the matter. Assisting someone with ASD in getting treatment can go a long way toward preventing this person from appearing in court again.  
 
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses. To schedule a consultation call (509) 991-7058.

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11/14/2022

New Federal Crime Bill Signed Into Law

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Several years ago, Congress passed the First Step Act, a law that takes modest steps to reform the criminal justice system. The law was supported by groups on both sides of the aisle including the American Civil Liberties Union and the Republican-backed Right on Crime. 
 
What Does the Law Do?
 
Overall the law makes federal sentencing less punitive. This could benefit individuals with mental illness and addiction issues. Important provisions of the First Step Act would:
 
  • Make retroactive the reforms of the Fair Sentencing Act of 2010 which reduced the disparity between crack cocaine and powder cocaine sentences at the federal level. This will lead to thousands of people being released from prison on the day the law goes into effect.
  • Ease mandatory minimum sentences
  • Increase the cap for “good time” credits that inmates can earn to reduce their sentences
  • Allow inmates to get “earned time” credits for participating in vocational and rehabilitative programs. These credits would allow inmates to be released early into halfway houses or home confinement. 
  • Force the Bureau of Prisons to place inmates in facilities within 500 miles of their loved ones which would help people maintain strong bonds with their families.
  • Improve the compassionate release program which allows terminally ill and elderly inmates come home
  • Ban the shackling of women who are pregnant in labor or post-partum
  • Provide women in prison with adequate feminine hygiene products for free.
  • Ban the practice of putting juveniles in solitary confinement
  • Increase funding for programming and classes
  • Reauthorize the Second Chance Act
Second Chance Act

The Second Chance Act is a law that supports state and local reentry programs aimed at reducing recidivism. It also helps provide people leaving prison with support services such as mental health care and substance abuse assistance. The Second Chance Act provides grants to state and local governments and nonprofit organizations to develop and implement programs to help incarcerated individuals successfully reintegrate into the community. 
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses. To schedule a consultation call (509) 991-7058.

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11/7/2022

The Link Between Yoga and Mental Health

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For over 5,000 years, practitioners have known the secret that yoga makes you feel better. It has become a popular way to increase strength, improve balance, and enhance flexibility. We know that yoga is good for your body, but it is also very good for your mental health. Yoga practices can reduce the impactof exaggerated stress responses and may be helpful for those with depression and anxiety.
 
Natural Anxiety Relief
 
It is no surprise that yoga can reduce anxiety. Studies show that yoga can be a powerful tool for calming your nervous system. Yoga lowers tension and promotes relaxation. It also helps regulate the breath and increase body awareness. In addition, yoga encourages mindfulness which in itself is effective in reducing anxiety. The breathing and meditation associated with yoga can take you out of the “fight or flight” mode that anxiety and panic bring about and help focus you in a more relaxed state. 
 
Yoga postures, known as asanas, can also help ease the physical discomfort associated with anxiety. Strengthening, lengthening, and balancing the muscles can help relieve the tension in the body that builds up as a result of anxiety.
 
Help with Depression
 
A recent study showed that taking yoga classes twice a week could help relieve the symptoms of depression. Yoga postures coupled with controlled breathing had a mood-altering effect. Yoga can also help with depression because it can help you cultivate a more non-judgmental relationship with yourself. When you're depressed, it's easy to stop doing things for yourself, like eating healthy and exercising. Devoting even a small amount of time to yoga on a regular basis is an act of kindness towards yourself and treating yourself as someone worthy of being taken care of. You also learn to accept your body and its abilities. In addition, practicing yoga can help establish a sense of community and increase social attachments. This can lead to a better support system and help with feelings of loneliness associated with the symptoms of depression.
 
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses. To schedule a consultation call (509) 991-7058.

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Elizabeth Kelley, Attorney at Law
5 Columbus Circle, Ste. 710
New York, NY 10019
West Coast
Elizabeth Kelley, Attorney at Law
2525 E 29th Ave., Ste. 10-B #225
Spokane, WA 99223
phone: 509.991.7058
email: zealousadvocacy@aol.com
Nothing contained on this website is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel.
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