Reducing Barriers: A Guide to Obtaining Reasonable Accommodations for People with Disabilities on Supervision

WASHINGTON – A federal court ruled last week that the federal agencies responsible for parole and supervised release in Washington, D.C. violated federal disability law by systematically failing to meaningfully consider and accommodate people with disabilities. The class action lawsuit was brought by two D.C. residents with disabilities, represented by the American Civil Liberties Union, ACLU of D.C., Public Defender Service for the District of Columbia, and Latham & Watkins LLP. Plaintiffs challenged the federal government’s post-conviction supervision system in Washington, D.C. for ignoring the needs of people with disabilities, thereby putting them at constant risk of sanctions, including incarceration. The court’s decision granted plaintiffs’ motion for summary judgment on liability. “This decision makes clear that failing to provide people with all types of disabilities the accommodations they need to comply with supervision is discrimination, plain and simple,” said Allison Frankel, senior staff attorney at the ACLU’s Criminal Law Reform Project. “People with disabilities should have a fair chance to comply with the myriad supervision rules and remain in their communities, instead of being set up to fail from the start. We are celebrating this victory for our clients, and we are committed to continue fighting to ensure that people with disabilities on supervision across the country receive the accommodations they are legally entitled to.” For D.C. residents, a criminal sentence can extend for years beyond their time behind bars through parole or supervised release, which requires people to comply with myriad and onerous conditions. Failing to follow conditions, like missing a single appointment, can land a person back in jail or prison, even when no new criminal conduct is alleged. In 2021 and 2022, 10 percent of all individuals under supervision in D.C. faced violation proceedings solely for technical violations of release conditions. Among people with disabilities, the percentage was nearly twice as high (18 percent). People with disabilities are over-represented among the supervision population and face heightened barriers to meeting supervision requirements. “Discrimination against people with disabilities is incompatible with justice,” said Laura Follansbee, staff attorney at the ACLU of D.C. “This ruling is an important victory for equal access, and it affirms that people with disabilities must have a genuine opportunity to succeed on parole and supervised release in D.C.” The ACLU has documented similar barriers that people with disabilities under supervision face across the country. In 2024, the organization released a report providing guidance for people with disabilities seeking accommodations, as well as tools for advocates working to challenge systemic barriers. “For years, the government has failed to accommodate individuals with disabilities on parole and supervised release in D.C., as required by law,” said Christine Smith, associate at Latham & Watkins, who argued the motion. “This ruling is a significant step toward securing lasting institutional reform and ensuring that all people have an equal opportunity to succeed on supervision.” The decision is here: https://www.aclu.org/cases/mathis-v-united-states-parole-commission?document=Memorandum-Opinion-Granting-Summary-Judgment-on-Liability

This federal class-action lawsuit alleges that the federal government’s post-conviction supervision system in Washington, D.C., violates Section 504 of the Rehabilitation Act by systematically failing to accommodate the needs of people with disabilities on supervision.

NEW YORK — The American Civil Liberties Union released a guide today, outlining steps that defense attorneys can take to ensure people with disabilities have an equal opportunity to successfully complete probation and parole. “Reducing Barriers: A Guide to Obtaining Reasonable Accommodations for People with Disabilities on Supervision” highlights significant barriers that people with disabilities face to navigating their supervision requirements, including difficulties understanding their supervision obligations, effectively communicating with their supervision officer, attending frequent meetings, completing mandated treatment programs, maintaining employment, and keeping track of all these requirements. The guide also offers potential reasonable accommodations — required by federal disability laws — that would give people with disabilities an equal chance to complete these requirements. Accommodations are critical, as supervision violations can trigger incarceration — potentially for years. In 2017, nearly half of all prison admissions in the U.S. stemmed from supervision violations. “People with disabilities on probation or parole face a maze of complicated rules, restrictions, and requirements that they must adhere to in order to keep their freedom. For too many, these rules are simply impossible to understand and follow,” said Allison Frankel, staff attorney with the ACLU Criminal Law Reform Project. “Whether it’s plain-language explanations of supervision rules, a qualified interpreter, or flexible appointment scheduling, accommodations are essential to ensuring people with disabilities can meet their supervision requirements and remain in their communities.” Nearly 4 million people in the U.S. are on probation or parole. People with disabilities are overrepresented in this population. In 2019, one in five people under supervision had a mental health disability — twice the rate of the general population. Rates of substance use disorder, cognitive disabilities, and physical health conditions are also higher among those under supervision. The Americans with Disabilities Act and Rehabilitation Act require authorities administering supervision to make reasonable accommodations that afford people with disabilities an equal opportunity to successfully complete supervision. But in reality, probation and parole departments nationwide regularly fail to assess whether and what types of accommodations people need, and to provide necessary accommodations. These ongoing violations of federal law set people with disabilities up for failure. Defense attorneys can play a critical role in ensuring that people on supervision have needed accommodations that supervision authorities are obligated to provide. The guide recommends that defense attorneys ask their clients about their accommodation needs and advocate with relevant supervision authorities to obtain needed accommodations before supervision conditions are imposed, throughout the supervision process, and during violation proceedings. More broadly, the guide also urges defense lawyers and other advocates to press supervision departments to implement systemic reforms, including: Enacting systems to affirmatively assess people’s accommodation needs and provide needed accommodations. Adopting “universal design” accommodations that would help everyone on supervision, such as plain-language explanations of supervision rules, assistance getting to required locations, and flexible meeting times, locations, and frequencies based on people’s needs. “The United States puts far too many people under oppressive forms of correctional control for far too long. Ultimately, we must limit the power of the carceral state, and shift resources from supervision and incarceration into voluntary, community-based supports and services that help people thrive in their communities. Expanding access to accommodations can significantly decrease the burdens of supervision as we work toward that goal,” Frankel added. The guide is available here: https://www.aclu.org/publications/reducing-barriers-a-guide-to-obtaining-reasonable-accommodations-for-people-with-disabilities-on-supervision A 2020 ACLU/Human Rights Watch report on how probation and parole feed mass incarceration is available here: https://www.aclu.org/publications/aclu-and-hrw-report-revoked-how-probation-and-parole-feed-mass-incarceration-united-states