11/2/2019 Mid-Atlantic ADA Center ADA Update Conference 2019 Effe fective Commun unicat ation on and nd Policy Mo Modi dific ficat ation ons s in Correction onal al Settings gs Presented by: Eva Larrauri deLeon, University of Washington Risa Klemme, WA Dept. of Corrections 1 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 other law nor binding on any agency with enforcement responsibilities under the ADA. 2 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 2 1
11/2/2019 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. 3 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 3 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.” 4 42 U.S.C. § 12132; see also 28 C.F.R. §§ 35.130(a); 35.152(b)(1). Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 4 2
11/2/2019 Wh Who o is Prot otec 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. 5 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 5 Who Wh o 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. 6 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 6 3
11/2/2019 Wh What at Does es Effect ectiv ive e Communi nica cati tion on 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. 7 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 7 Wh What at Does es Eff ffec ective e Communi nication on 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 others. • To “communicating effectively” consider the nature, length, complexity, and context of the communication and the person’s preferred method(s) of communication. 8 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 8 4
11/2/2019 How Does es the he Requ equirement nt Appl ply to Correctiona nal, Jail, and nd Deten ention on Facilities? s? • “A public entity shall operate each service, program, or activity so that the service, program, or 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.“ 9 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 9 A Common on 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? 10 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 10 5
11/2/2019 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 11 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 11 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… 12 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 12 6
11/2/2019 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.” 13 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 13 A Common on Scena enario o (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? 14 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 14 7
11/2/2019 Wh What at Do We We Kn Know abou out 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 offenders 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 15 ACLU Foundation Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 15 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 16 Inmates, 2011 – 12” Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 16 8
11/2/2019 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. 17 Northwest ADA Center | 800-949-4232 | www.nwadacenter.org 17 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 18 9
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