Disc sclai aimer er The information, materials, and/or technical - - PDF document

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Effe fective Commun unicat ation

• n and

nd Policy Mo Modi dific ficat ation

• ns

s in Correction

• nal

al Settings gs

Presented by: Eva Larrauri deLeon, University of Washington Risa Klemme, WA Dept. of Corrections

Mid-Atlantic ADA Center ADA Update Conference 2019

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Disc sclai aimer er

The information, materials, and/or technical assistance, that are provided by the Northwest ADA Center and WA Dept. of Corrections (WDOC), is intended as general, and are neither a determination of your legal rights or responsibilities under the ADA or any

• ther law nor binding on any agency with

enforcement responsibilities under the ADA.

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Le Lear arni ning g Obje jectives

• 1. Why is it important to provide “effective

communication” to people with disabilities?

• 2. Identify provision of effective auxiliary aids and

service.

• 3. Review other communication strategies and

accommodations for providing access to incarcerated individuals with psychiatric and cognitive disabilities.

• 4. Understand correctional facilities policy implications

and need for modifications to improve effective communication and program access.

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How Does the ADA Apply to Corrections, Jails, and Detection Facilities?

“No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or subjected to discrimination by any such entity.”

42 U.S.C. § 12132; see also 28 C.F.R. §§ 35.130(a); 35.152(b)(1).

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Wh Who

• is Prot
• tec

ected ed und nder the e ADA?

All people with disabilities are protected by the ADA. The law defines a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activity.

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Wh Who

• is Cover

ered d by Effe fective Communi nicat ation n unde der the he AD ADA? A?

Rules apply to communicating with the person who is receiving goods or services; It may also need to be provided to person’s parent, spouse, family member or companion in appropriate circumstances.

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Wh What at Does es Effect ectiv ive e Communi nica cati tion

• n

Me Mean an und nder er the e ADA?

Effective communication means that every communication must be just as clear and understandable to people with disabilities as it is for people who do not have disabilities. This applies whether it is written, spoken, electronic, or any other form of communication.

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Wh What at Does es Eff ffec ective e Communi nication

• n

Me Mean an und nder er the e AD ADA? A?

• Title II entities - have a duty to provide appropriate

auxiliary aids and services when necessary to ensure that communication with people with disabilities is as effective as communication with

• thers.
• To “communicating effectively” consider the

nature, length, complexity, and context of the communication and the person’s preferred method(s) of communication.

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How Does es the he Requ equirement nt Appl ply to Correctiona nal, Jail, and nd Deten ention

• n Facilities?

s?

• “A public entity shall operate each service,

program, or activity so that the service, program,

• r activity, when viewed in its entirety must be:

✓ readily accessible and usable, ✓ administer in the most integrated setting, ✓ equality of opportunity and full participation to live, work, and receive services in the community by individuals with disabilities.“

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A Common

• n Scena

enario

“A police officer responded to an aggravated assault call and upon arriving at the scene he observed a victim bleeding and another person holding a

• weapon. It was determined by other eyewitnesses

that the individual struck the victim. The individual with the weapon is deaf, but the officer has the probable cause to make a felony arrest without an interrogation.” Is interpreter necessary to carry out the arrest?

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How Does es the he AD ADA A Ap Appl ply to La Law w Enfo forcem cemen ent Activities? s?

• Receiving citizen complaints;
• Interrogating witnesses;
• Arresting, booking, and holding suspects;
• Operating telephone (911) emergency

centers;

• Providing emergency medical services;
• Enforcing laws;
• Other duties.

*Commonly Asked Questions About The Americans With Disabilities Act And Law Enforcement (DOJ Publication) https://www.ada.gov/qanda_law.pdf 12

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Video: Officer’s Arrest

“Officer Detains Teen with Autism”

WARNING: Hard-to-Watch Video This is a video from a police body camera in Arizona. An officer detains a teen with autism who was playing with a piece of string in a public park…

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Crimina nal Just stice e System & Compl plianc nce

“Pursuant to the ADA, state and local government criminal justice entities—including police, courts, prosecutors, public defense attorneys, jails, juvenile justice, and corrections agencies —must ensure that people with mental health disabilities or I/DD are treated equally in the criminal justice system and afford them equal opportunity to benefit from safe, inclusive communities.”

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A Common

• n Scena

enario

• (2)

“A driver, who is deaf, is pulled over and issued a non-criminal citation for speeding. The driver is able to understand the reasons for the citation, because the officer provided written notes with the driver and points to the information on the citation of the traffic infraction.” Would an ASL interpreter be needed?

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Wh What at Do We We Kn Know abou

• ut Incar

arcerat ated ed Indi dividua uals s wi with h Disa sabi bilities? es?

• Incarcerated females are more likely than incarcerated

males to report having a cognitive disability, although cognitive (intellectual) disability is the most common disability reported (19%).*

• The second most common disability (10%) is ambulatory,

(e.g., difficulty walking, climbing stairs).*

• The older the person, the more likely they are to report a
• disability. From 2007 to 2010 the number of sentenced
• ffenders aged 65 or older increased by 63%.*

*Caged In: Solitary Confinement’s Devastating Harm on Prisoners with Physical Disabilities – 2017 ACLU Foundation; **A special Report by the US Department of Justice, Bureau of Justice Statistics titled “Disabilities Among Prison and Jail Inmates, 2011 – 12” *A special Report by the US Department of Justice, Bureau of Justice Statistics titled “Disabilities Among Prison and Jail Inmates, 2011 – 12”, Caged In: Solitary Confinement’s Devastating Harm on Prisoners with Physical Disabilities – 2017 ACLU Foundation

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Wh What at Do We We Kn Know about Incar arcerat ated ed Indi dividua uals s wi with h Disab sabilities? es? (2) 2)

• More than 2 million people are currently residing in the US

prisons and jails.* (DOJ Statistics 2005)

• Incarcerated individuals are nearly 3 times more likely than

the general population to report having at least one

• disability. (DOJ Statistics**)
• 40% of incarcerated females reported having at least one

disability; 32% of incarcerated males reported having at least one disability. (DOJ Statistics**)

*Caged In: Solitary Confinement’s Devastating Harm on Prisoners with Physical Disabilities – 2017 ACLU Foundation; **A special Report by the US Department of Justice, Bureau of Justice Statistics titled “Disabilities Among Prison and Jail Inmates, 2011 – 12”

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Correctiona nal Facilities s Complian ance e unde der the e ADA

• proper medication and
• medical treatment,
• accessible toilet and shower facilities,
• devices such as a bed transfer or a shower

chair, and

• assistance with hygiene methods for

prisoners with physical disabilities.

Correctiona nal Facilities s Program ams s and nd Services es: : ADA Ma Mand ndat ates s

Some examples of programs generally available to inmates include: – programs to obtain GEDs, – computer training, – job skill training and on-the-job training, – religious instruction and guidance, – alcohol and substance abuse groups, – anger management, – work assignments, work release, – halfway houses and other programs

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WD WDOC AD ADA A Self-Eval aluat ation n and d Tran ansition

• n Proj
• ject

Steering Committee comprised of a wide cross section of WDOC staff. They provided input and review of all reports, members participated in the assessments and we had members of the community

• n our committee.

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WADO WADOC ADA Self-Evalua uation

• n and

nd Tran ansition Proje ject

At each facility, we had involvement

• f facility key personnel who joined

the assessment/survey team.

• ADA Coordinator
• Facility Maintenance Manager

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The he KI KIOSKS KS

Pictures of Old Kiosks at WA Dept. of Corrections

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The he KI KIOSKS KS (2) 2)

New proposed Kiosks: Some will be stand alone and some will be sit-down or roll up models.

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Policy: : No Non-Disc scrimination

• n and

nd Accessi cessibil ilit ity for Vi Visit itor

• rs/

s/Gue uests sts wi with h Disa sabilities es

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Evac acua uation

• n and

nd Access essibl ble Rou

• utes

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Accom

• mmoda

dation

• n Stat

atus s Repor eports s (ASR) R)

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ASA Backgrou

• und

nd

• Allow us to track ADA Accommodations

made;

• Ensure the accommodations made

consider security requirements;

• Separate accommodations needed due to

medically necessity vs. accommodations made that while medically indicated are not medically necessary

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Quick Over erview

• The ASR form DOC 12-508, is the method for an ADA

Coordinator to communicate essential information on accommodation needs to staff.

• ADA Coordinators will maintain confidentiality of

medical info.

• All ASRs will be reviewed for approval
• Custody staff are obligated to honor approved ASRs
• Urgent Accommodation may be approved by the ADA

Compliance Manager

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ARC Me Meet eting ng

ARC Attendance:

• Facility ADA Coordinators;
• Deaf Services Coordinator;
• Captain/Senior Custody Officer/designee if an ASR

will be presented from their facility and they are not recommending approval;

• A medical rep if appropriate and requested by the

ADA Coordinator;

• Program Staff may be requested to attend;
• ADA Compliance Manager chairs the meeting.

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Vi Vide deo Relay ay System

A two-year project was undertaken to ensure effective communication was available for deaf incarcerated persons.

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Access ess Assist stan ants

We developed a work group to develop a simple power point training module for persons who wanted to be employed as an Access Assistant (our new name for the position).

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Ac Access ess As Assist stan ants s (2) 2)

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Wh Why is This s Impo portan ant to DOC?

• The second most common reported

disability by incarcerated persons (10%) is ambulatory, e.g., difficulty walking, climbing stairs.*

• The older the person, the more likely they

are to report a disability.

• Our prison population is aging!
• We have many folks who use wheelchairs

and need this program.

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Addr dressi ssing g Effe fective Commun unicat ation n Prob

• blems
• Ensure that discipline is not used for

an inmate not responding to instructions that s/he could not hear

• r could not read.
• Obtaining equipment or services for

detention facility services and programs such as medical care, mental health services, support groups (e.g., AA) and education classes.

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Addr dressi ssing g Effe fective Commun unicat ation n Prob

• blems,

s, Cont nt.

Can a public entity use a staff member who signs “pretty well” as an interpreter for meetings with individuals who use sign language to communicate?

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Wh What at Are Some Exam amples s of Auxiliary Aids ds and d Services? s?

• For someone who is deaf, a qualified

American Sign Language (ASL) interpreter could be needed for case hearings, medical and mental health services, support groups, or classes

• Handwritten notes could work for

someone who is deaf and needs to give or get brief, simple information like ordering food at a cafeteria

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Wh What at Are Some Exam amples s of Auxiliary Aids ds and d Services? s? (2) 2)

• Having a staff member read written information out loud works

for someone with a visual disability

• Having a staff person help fill out a form can work for someone

who has an intellectual disability

• An inmate who is deaf and uses sign language may use a

videophone to call another person who is deaf, such as a family member

• An inmate who is deaf and uses sign language may use a video

relay service to call a hearing person, such as a lawyer

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Wh What at Are Some Exam amples s of Auxiliary Aids ds and d Services? s? (3) 3)

• Videos must be captioned for

people who have hearing disabilities

• Large print documents often

work for people with low vision

• Audiobooks work for some

people with visual disabilities

• People who are blind may use

Braille materials

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Wh What at Types pes of Mo Modi dificat ations ns in La Law w Enfo forcem emen ent Policies, s, Practices es, and nd Proced edur ures s Does es the e AD ADA A Req equi uire?

“The ADA requires law enforcement agencies to make reasonable modifications in their policies, practices, and procedures that are necessary to ensure accessibility for persons with disabilities (PWD) unless making such modifications would fundamentally alter the program or services..”

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Reas easonab able e Mo Modi dific fication Scen enar ario

“A police department modifies its regular practices of handcuffing arrestees behind their backs, and instead handcuffs deaf individuals in front in order for the person to sign or write notes.”

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Reaso easonab able e Mo Modi dific fication

• n Scen

enar ario

• (2)

2)

“A department modifies its practice of confiscating medications for the period

• f confinement, in order to

permit inmates who have disabilities that require self- medication, such as cardiac conditions or epilepsy, to self-administer medications that do not have abuse potential.”

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Reaso easonab able e Mo Modi dific fication

• n Scen

enar ario

• (3)

3)

“A DOC modifies a rule to allow inmates or detainees to have food in their cells in

• rder to accommodate an

individual with diabetes who uses medication and needs access to food to keep blood sugar at a proper level.”

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Inter eraction

• ns

s wi with h PWD WD Wh Who Ma May Have Diff fficulty in Communi nicat ating

Key Issues:

• There is no single way to determine the

extent of a person’s disability or functioning.

• People with disability may exhibit behaviors

that don’t seem to be appropriate for a situation (e.g. a person with intellectual and developmental disability, TBI, etc.)

• People with intellectual and developmental

disabilities (IDD) may have non-verbal, limited vocabulary, have short attention span, sensitivity to touch, tone, background noise, etc.

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Inter eraction

• ns

s wi with h PWD WD Wh Who Ma May Have Diff fficulty in Communi nicat ating, g, cont nt.

Key Issues:

• Some people (with co-occurring mental

illness or other medical conditions ) may appear physically unsteady, disoriented,

• r freighted and can be misinterpreted

as drug or alcohol use.

• A person may become passive and

afraid to speak or become agitated because s/he/they cannot understand

• r respond to an officer due to limited

language proficiency.

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Prev eval alence e of Me Ment ntal al Illne ness ss in the e Crimina nal Just stice e System

• Often arrested for behavior associated with their

disability *

• 17% of males & 34% of females incarcerated in jails

have a serious mental illness*

• Solitary confinement is often imposed, vs.

providing accommodations due to disability.*

• Incarcerated for longer than if they did not have a

mental illness.

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Complian ance e and d Prac actical al Cons nsiderat ation

• ns

s

• Understand the ADA and how it applies to your
• rganization, law enforcement, the courts and correctional

facilities.

• Designating an ADA Coordinator, who understands the

ADA’s requirements and has sufficient authority within the

• rganization to ensure compliance.
• Train staff who have direct contact with individuals

protected by the ADA on the requirements of the ADA and

• n how to access required services and equipment.

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Complian ance e and d Prac actical al Cons nsiderat ation

• ns

s (2)

• Develop a process to make the appropriate ADA

assessments and handle ADA requests that include communication with individuals with disabilities to ascertain their needs.

• Easy access to auxiliary aids, including sign language

interpreters for staff.

• Conducting periodic ADA audits, including VRI machines,

architectural access, ensuring access to services and programs

• Regularly consulting with individuals with disabilities to

determine whether their disability related needs are being met.

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Complian ance e and d Prac actical al Cons nsiderat ation

• ns

s (3)

• Holding regular meetings with staff responsible for ADA

compliance to discuss issues that have arisen.

• Developing procedures to ensure proper documentation

when dealing with ADA issues.

• Encouraging staff to be open to issues of individuals with

disabilities and to ask questions.

• Seeking technical assistance (e.g. local ADA Center ) when

necessary.

• Establishing an effective and timely grievance procedure.

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Systemat atic Cons nsider erations

Federal, State and Local Governments Programs:

• Mental health, disability services, and advocacy groups
• Criminal justice system:
• police
• courts
• district attorneys
• public defenders
• jail/corrections

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Systemat atic Cons nsider eration

• ns,

s, Con

• nt.

State and Local Governments Programs: ➢ Critical need to address the coordination & partnerships effort of police, courts, and the need to access the community support/services for PWD in crisis. ➢ Coordination & partnerships necessary to assure all systems working toward common goal of reduced hospitalization & incarceration ➢ Crisis intervention & other appropriate training for police ➢ Training for judges, prosecutors, court personnel ➢ Evidence-based practices for mental health or other specialty courts.

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Reso sour urces

Department of Justice ADA Information Line: 800 514-0301 800 514-0383 (TTY) Information and Technical Assistance on the ADA: www.ADA.gov ADA National Network Hotline: 800-949-4232 Americans with Disabilities Act INFORMATION FOR LAW ENFORCEMENT: https://www.ada.gov/policeinfo.htm

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Qu Questio ions? s?

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Refer eferenc nces

1. Commonly Asked Questions About The Americans With Disabilities Act And Law Enforcement (DOJ Publication) 2. Examples and Resources to Support Criminal Justice Entities in Compliance With Title II of the ADA (DOJ Publication) 3. LiExpensive Jails Into Community-Based Treatment That Works” (Los Angeles: American Civil Liberties Union of Southern California & Bazelon Center for Mental Health Law 2014), available at http://www.bazelon.org/wp-content/uploads/2017/11/A-Way-Forward_July-2014.pdfebowitz, et al, “A Way Forward: Diverting People With Mental Illness Away From Inhumane and 4. Morgan, J. (2017). Caged In Solitary Confinement’s Devastating Harm on Prisoners with Physical

• Disabilities. Retrieved 8/23/18: https://www.aclu.org/report/caged-devastating-harms-solitary-

confinement-prisoners-physical-disabilities 5. Steadman, et al., Prevalence of Serious Mental Illness Among Jail Inmates, 60 Psychiatric Services (June 2009), available at https://csgjusticecenter.org/wp-content/uploads/2014/12/Prevalence-of-Serious- Mental-Illness-among-Jail-Inmates.pdf 6. Section-by-Section Guidance and Analysis of the ADA Regulations 7. Walton, M. (2013). People with disability are more likely to be victims of violence and to suffer mental illness as a result. Retrieved 8/23/18: https://www.nationalelfservice.net/publication- types/survey/people-with-disability-are-more-likely-to-be-victims-of-violence-and-to-suffer-mentalIllness- as-a-result/. 8. World Report on Disability. World Health Organization, 2011.

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