Commissioner calls for state law changes in response to Wichita teen’s fatal restraint - Wichita Eagle
A Sedgwick County commissioner is pressing Kansas legislators to change state law following the death of Cedric Lofton, a Black foster child who died after being restrained face down by four county employees at a Wichita juvenile intake center for nearly 45 minutes.
Commissioner Jim Howell called for a list of state law changes in response to Lofton’s death in testimony to the House Corrections and Juvenile Justice Committee on Thursday afternoon:
Ban the use of prolonged restraints in the prone position by law enforcement officers or corrections staff.
Ban the use of WRAP restraints on juveniles.
Require a mental and physical health evaluation of a juvenile in mental or physical duress before booking at a juvenile intake center or jail.
Seventeen-year-old Lofton died in September after he was denied entry to his foster home, arrested by Wichita police and taken to JIAC, where he was restrained until he lost consciousness. His death was determined to be a homicide by the county medical examiner, but Sedgwick County District Attorney Marc Bennett declined to press criminal charges, citing the state’s “stand your ground” self-defense law.
State lawmakers have said they would review that law sometime this session.
Documents and videos show a series of questionable decisions by authorities in the leadup to Lofton’s death and contradictions in the DA’s report.
Lofton’s foster father had called police out of concern Lofton was having a mental health crisis, and Wichita police officers on the scene told Lofton they would take him to a hospital for a mental health evaluation.
Instead, a Wichita police sergeant directed officers to take him to JIAC, a juvenile offender intake center similar to a jail, after he became combative with officers. They placed him in a WRAP restraint, a canvas device a wrapped around the legs, arms and lower torso to immobilize a person and keep them from harming themselves or others.
Howell said the WRAP device, which has been in use by Wichita police since summer 2020, “adds to the anxiety and makes the crisis worse.”
“It may be good for police officers; it’s bad for the person that’s in crisis,” Howell said.
It’s unclear whether the Legislature will consider Howell’s amendments.
Hesston Republican Rep. Stephen Owens, chairman of the committee, cut Howell’s testimony short when the commissioner began talking about Lofton’s case, saying the committee plans to hold a hearing on Lofton’s case later.
But Howell said the proposed changes were relevant to the discussion about House Bill 2022, which seeks to enhance collaboration between state agencies on services for children in need of care. Howell, a former legislator, said the bill could serve as a “shell” for the his proposed changes to Kansas law. Howell’s recommendations were included in written testimony to the committee.
“I’m asking for a prohibition of the WRAP device,” Howell said. “I’m asking for a prohibition of extended use of the prone position. When people have these situations going on, JIAC needs to give them mental health assessments when they are in crisis. You can’t put those things on the back burner and prioritize other things. And that’s the point. . . . there’s a bill in front of us today that’s germane to everything I just mentioned.”
In written testimony, Howell said Sedgwick County is likely to adopt a local policy to curtail the use of prone restraints. But a new law would ban extended prone restraints across the state, not just in the Wichita area.
Howell said in a phone interview that Lofton should never have been taken to the juvenile intake center without a mental evaluation. And he wants state law to require law enforcement officers to take people suspected to be in a mental health crisis to a hospital instead of jail or an intake center.
“It would be reasonable to add language that clarifies that when it is apparent that a juvenile is undergoing any sort of mental or physical duress, that they be provided a mental and physical assessment as soon as practicable to ensure their physiological well-being,” Howell’s written testimony said.
The decision to take Lofton to JIAC has come under fire this week by local officials and Gov. Laura Kelly.
Kelly, who has ordered the Kansas Department for Children and Families to investigate the case, signaled her support for part of Howell’s proposal in an interview with KWCH on Wednesday.
“This is a kid who should have been in a mental-health facility, not in jail,” Kelly told reporters. “So, we’ve got to figure out how we’re going to make sure that doesn’t happen again.”
Howell is the second Sedgwick County Commissioner calling for stronger action in the aftermath of Lofton’s death. Commissioner Lacey Cruse on Tuesday said the city and county should order an outside investigation by an auditing firm or the U.S. Department of Justice. She said she does not have the support of her colleagues.
City and county elected officials have created a task force to review Lofton’s death and offer policy recommendations. It’s expected to take three months.
This story was originally published January 27, 2022 4:48 PM.
source: https://www.kansas.com/news/politics-government/article257785283.html
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