Impact of Language Access and the Requirements of Title VI on Law - PDF document

Thank you for joining us today! Impact of Language Access and the Requirements of Title VI on Law Enforcement September 29, 2017 2-3:30pm Central Time Michael P. LaRiviere , Victim Services, Salem Police Department This project was supported by Grant No. 2015-TA-AX-K027 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this (document/program/exhibit) are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. The materials are available on our website: http://www.bwjp.org/training/webinar- impact-language-access-requirements-title-vi-law-enforcement.html AUDIO TROUBLESHOOTING for VoIP AUDIO OPTIONS • Verify you selected “connect” to the internet The audio component can be heard by audio VoiceoverIP (VoIP) or telephone : • If your computer & speaker volume are turned all the way up, & volume is too low, run the VoIP: Select "connect" to internet audio on audio wizard under “Tools” at the top of your the Start tab to get your audio streaming screen. through your computer. • If still low volume, try a headset (which is Telephone: Select “I am dialed in” on the recommended). Start tab and dial in from you telephone. • Lastly, if all your troubleshooting attempts have Your standard long distance charges will failed please dial in from a telephone. Your apply . computer &/or network don’t have the Dial-in: 641-715-3670 requirements (bandwidth, memory, etc) for VoIP Passcode: 732746 on this webinar. The Impact of Language Access and The Requirements of Law Enforcement Under Title VI Battered Women’s Justice Project Webinar September 29 th 2017

Source of Law  Title VI- No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial aid assistance.  LEP Executive Order 13166 (2001) Requires all agencies receiving any federal financial assistance to:  Ensure meaningful language access  Develop and implement language access plans  “Where the denial or delay of access may have life or death or other serious implications, the importance of the full and effective delivery of LEP services is at its zenith.” Points of Identification  Dispatch  Walk-in  On the scene  Accompanying service agency (e.g., Child Protective Services)  Call into station  Others? Law Enforcement Officers What do you do when you arrive at a crime scene?

First Response  Locate and secure the scene  Are there any weapons?  Is anyone injured?  Identify the people involved:  Victim  Offender  Witnesses  If offender is not on the scene:  Where is the suspect?  Are they a continuing danger?  Is suspect in possession of weapon? What do you do when the individuals at the scene are LEP? How can you get the information you need to secure the scene? DOJ and Exigent Circumstances  Use the most reliable temporary interpreter available to address exigent circumstances  Fleeing suspect  Weapons  Life threatening to the officer /victim/or public

DOJ Requirements for Investigations & Interrogations  “A qualified interpreter shall be used for any interrogation or taking of a formal statement where the suspect or witness’ legal rights could be adversely impacted”  Criminal interrogations  Crime witness interviews  Vital written materials translated into primary language  Miranda warnings Bilingual Officer v. Qualified Interpreter Exigency Shifts to Investigation 11 Now that the emergency is over, how do you work with victims, witnesses, and offenders who are limited English proficient (LEP)?

The Investigation Begins  Call detective  Call F ire/Rescue  Take initial statements  Call crime scene  Photograph  Formal interviews at the station  Develop probable c ause  Prepare case for prosecution Language Resources  Language Line  Video Remote Interpretation  Immigrant community based organization partners  Health care providers  School systems Using Qualified Interpreters Benefits Harms  Mistaken ID of offender  Safety  Risk to LE/Others  ID offender  Arrest of victim  Locate weapons  Misinterpretation  Admissible statements results in inaccurate (Excited Utterances) statements  Offender Accountability  Trauma to children  Negative Impact on cases

Jose Lopez Meza - 2008  Charged with first degree murder – Charge was dropped to manslaughter  Baby died after Meza shook his 3 week old son so violently the child’s brain began to swell, ultimately killing him  Detectives used a Spanish speaking officer to assist with the interview  Review of the tapes by court appointed certified interpreters revealed that the officer interpreting left out some of the information, misinterpreted several statements made by the suspect and the detective Assessing Interpretation Ability  Certified : Passed language testing specializing in legal or medical settings; should provide certification number and state; native or near native fluency  Registered : completed an English fluency test; should provide registration number and state registered  Qualified : May not be certified or registered, but has completed interpreter trainings, fluent in both languages, and understands interpreter ethics and canons Tips for Working with Interpreters  Control the interview  Pre-session with the interpreter  Where are they located?  Establish what your rules are □ how do you want the interpreter to interpret?  Interpreter has to interpret everything that you say  Example: when you are explaining confidentiality

Spotting an Ineffective Interpreter  Can you understand the interpreter?  Does the LEP individual look confused?  Does the interpreter appear confused?  Is the interpreter engaging in side conversations?  Is the interpreter engaging in conversations with the individual before/after the interpretation meeting?  Is the interpreter summarizing?  Is everything being interpreted?  Is there a change in the individual’s demeanor? Signs You Need a Policy and Plan  Relying on relatives, children, or friends to interpret for clients  Only bilingual are used as interpreters, in addition to the other staff job responsibilities  No formal arrangements are in place to hire competent interpreters  Staff does know how to contract for interpretation services  Staff are turning away LEP individuals  No translated materials National Immigrant Women's Advocacy Project at the American University Washington College of Law 33 Developing an Effective Language Access Plan Identification of Identification of persons who funding and will implement procurement the plan strategies Description of Staff training on timeframes, policies and objectives and procedures benchmarks Collaboration Outreach to with LEP notify survivors communities of language and other assistance stakeholders services Identification Language Monitoring and and Access updating of assessment of policies, plan LEP Plan and procedures communities 21

LEP Plan Self Assessment  How does the LEP population come into contact with your agency?  Who is your LEP population?  How are you serving LEP populations?  What trainings for staff do you have in place?  How do you reach your LEP populations?  What are your policies and procedures? National Immigrant Women's Advocacy Project at the American University Washington College of Law 36 Creating Language Accessibility Policy: Standards and Guidance -These include definitions,  authorities cited, and the relation to organizational work  Plan: Map/Blueprint  Who will implement?  Staff training and procedures?  Identifying LEP/Deaf and hard of hearing communities  Monitoring effectiveness and updating policies  Outreach and Notices to LEP communities  How will you provide meaningful access? Procedures  Detailed explanations that specify steps to achieve access  including staff roles, phone numbers, and interpreter contact process National Immigrant Women's Advocacy Project at the American University Washington College of Law 37 Training on Policies, Protocol and Procedures

Some things SPD is doing to address Language Access Training for bilingual officers, advocates, civilian employees  and others on interpretation (Across Jurisdictions) Qualified interpreter assessments  Access to over the phone interpretation for officers, detectives  and other department staff Expected acquirement of audio/video all inclusive interpreter  stations Development of language access policies, procedures and  protocols Action and procedure memo’s that support meaningful  response Collaboration with service providers, others  Community outreach  Questions National Immigrant Women's Advocacy Project at the American University Washington College of 26 Law Michael LaRiviere mlariviere@salempd.net