DENVER SHERIFF DEPARTMENT Department Order Pages: Office ... · under the supervision of the Denver...
Transcript of DENVER SHERIFF DEPARTMENT Department Order Pages: Office ... · under the supervision of the Denver...
DENVER SHERIFF DEPARTMENT
Office of the Sheriff
Department Order
1.00.1019 Pages:
9
+ Appendices A-D
Previous Revision
February 2014
Current Revision:
November 2014
Annual Review
August
Effective Date:
November 10, 2014
Related Standards:
ACA: 4ALDF 6B 02, 04, 05, 08
Title II (Subtitle A), Americans with Disabilities Act (ADA): 5 U.S.C. §301; 28 U.S.C. §509,
510; 42 U.S.C. §12134
Section 504 Rehabilitation Act of 1973: 29 U.S.C. §794, as amended
CRS: 24-31-313; 24-34-301(7); 24-34-601(1), (2); 26-3.1-102; 18-6.5-102, 108
Health Insurance Portability and Accountability Act (HIPAA)
NCCHC: J-B-04; J-B-05; J-G-04
Denver Municipal Code 28, Article IV
Denver Sheriff Department Vision, Mission and Guiding Principles
Related (referenced) Department Orders:
1.00.1012 – Inmate Intake/Booking
1.00.1016 – Inmate Use of Telephones
1.00.1011 – Inmate Communication and Grievances
1.00.6002 – Inmate Property
1.00.8004 – Transportation of Prisoners
1.00.8001 – Medical or Special Transportation of Prisoners
Subject:
INMATES WITH DISABILITIES / AMERICANS WITH DISABILITIES ACT
1. Purpose: The purpose of this Department Order is to set forth the Denver Sheriff Department’s
policy and to provide clear and comprehensive guidelines regarding the identification
modification, care, and custody of inmates with disabilities and at-risk adults as regards
definitions and compliance with Subtitle A of Title II - Americans with Disabilities Act, as
amended, , Colorado Revised Statutes, and all other applicable federal, state and local
legislation, regulation and statutes. This policy applies to inmates who are in the care, custody, or
under the supervision of the Denver Sheriff Department (DSD).
2. Policy: It is the policy of the Denver Sheriff Department (DSD) to ensure inmates with
disabilities have the same access to facilities, services, programs and activities as non-disabled
inmates while in the care and custody or under the supervision of DSD.
The determination that an action would result in undue burden, fundamental alteration or direct
threat may only be made by the Sheriff and/or the Executive Director of Safety. Further, DSD
will ensure that procedures established under this policy facilitate the ability of an inmate
with disability to request reasonable accommodation, and to make formal complaint of
unlawful treatment in violation of Title II – American with Disabilities Act.
3. Cancellation: This order supersedes and cancels previous versions of Department Order
1.00.1019.
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4. Definitions:
Americans with Disabilities Act (ADA) – The ADA is a wide-ranging civil rights law that
prohibits, under certain circumstances, discrimination based on disability. ADA was enacted
by the U.S. Congress in 1990, and signed into law on July 26, 1990 and later amended.
At-risk Adult – According to Colorado Revised Statute 18-6.5-108, any individual over 18
who has a disability, defined as “ …[one who] a) Is impaired because of the loss of or permanent
loss of use of a hand or foot or because of blindness or the permanent impairment of vision of both
eyes to such a degree as to constitute virtual blindness; or (b) Is unable to walk, see, hear, or speak;
or (c) Is unable to breathe without mechanical assistance; or (d) Is developmentally disabled as
defined in section 27-10.5-102 (11), C.R.S.; or (e) Is a person with a mental illness as the term is
defined in section 27-65-102 (14), C.R.S.; or (f) Is mentally impaired as the term is defined in section
24-34-301 (2.5) (b) (III), C.R.S.; or (g) Is blind as that term is defined in section 26-2-103 (3), C.R.S.;
or (h) Is receiving care and treatment for a developmental disability under article 10.5 of title 27,
C.R.S.”
Additionally, an “at-risk elder” is considered as meeting the above definition but to be a
minimum age of 70.
Auxiliary aids and services - include, but are not limited to qualified interpreter, video
phone, Telecommunications Device for the Deaf, (TDD), note takers, assistive listening
systems, Communication Access Real-time Translation (CART), closed captioning, Braille
materials, written material, qualified readers, audio recordings, etc.
Deaf Advocate – An approved person through the Office of Sign Language Services and the
Denver Sheriff Department who meets with a deaf inmate to inform the inmate of ADA
modifications available at the Downtown Detention Center or County jail, and to relay to
staff of the Denver Sheriff Department any urgent needs the inmate may mention. The Deaf
Advocate does not function as an interpreter, provide legal consultation, or dispense guidance
regarding the inmate’s charges.
Disability/Qualifying Disability – For purposes of this order, the term “disability” is used
to mean a qualifying disability as defined by the Americans with Disability Act (42 USC
§12102(2); 28 CFR §35.104): 1) a physical or mental impairment that substantially limits
one or more of an individual’s major life activities; or 2) a record of such impairment; or
3) perceived as having such impairment, for at risk adults, further defined in C.R.S. 18-6.5-
108 as noted in the preceding definition. The term disability does not include:
Transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, gender
identity disorders not resulting from physical impairments, or other sexual
behavior disorders;
Compulsive gambling, kleptomania, or pyromania; or
Psychoactive substance use disorders resulting from current illegal use of
drugs.
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Substantial limitation of a major life activity means impairment that causes the person to be
unable to perform a major life activity that the average person in the general population can
perform.
ADA Coordinator (ADAC) – One or more DSD employees or designees whose duties
include receiving, investigating, and promptly acting upon inmate requests for and/or inmate
complaints about reasonable accommodation. The ADAC may serve as a liaison to inmates
with qualifying disabilities as well as a resource to DSD employees with questions about
ADA and related issues, and may contribute substantially to the drafting of post orders and
procedures relative to inmates with disabilities.
Physical or Mental Impairment – includes, but is not limited to; such contagious and non-
contagious diseases and conditions as orthopedic, visual, speech and hearing impairments,
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease
(whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
Sign language interpreter – a person who possess current certification issued by the
Registry of Interpreters for the Deaf, Inc. (Colorado Consumer Protection Act, 6-1-707 [e])
and who is able to interpret effectively, accurately and impartially both receptively and
expressively, using any necessary specialized vocabulary (Americans with Disabilities Act,
“Qualified Interpreter”).
Reasonable Accommodation – Includes modifications to the application process, physical
environment, policies or procedures or the manner in which tasks are carried out that enable
an inmate with a qualifying disability to participate in a program or service or use a facility.
Reasonable accommodation might include, but is not limited to, modifying/adjusting the
physical environment, classroom or other program, providing interpretive services for deaf or
hard of hearing inmates, providing mobility escorts; providing a reader to a visually
impaired inmate, or modifying existing equipment or device, such as lowering telephones or
raising a typing table. Such modifications are not intended to provide, give special treatment
to inmate to, or provide an advantage; rather, modification(s) should create an equal
opportunity/provide for equal access.
Service Animal – An animal individually trained to do work or perform tasks for people
with disabilities. Examples of such work or tasks include guiding people who are blind,
alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is
having a seizure. Service animals are working animals, not pets. Under the ADA, only dogs
and miniature horses (which range in height from 24-34 inches measured to the shoulders
and weighing between 70 and 100 pounds) are recognized as service animals. Generally,
Title II entities (including the City of Denver) must permit service animals to accompany
people with disabilities in all areas where the public is allowed to go.
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Undue Burden and Fundamental Alteration and Direct Threat Defenses – When there is
proof that an action to provide accessibility/modification to a service, facility, program or
activity would impose undue financial or administrative burden on the Agency, or would
fundamentally alter the nature of the facility, service, program or activity, or would pose a
direct threat of harm to the health and safety of the individual or others. The determination
that an action would result in undue burden, fundamental alteration or direct threat may only
be made by the Director of Corrections and/or the Manager of Safety.
5. Guidelines:
A. General guidelines:
1. Each Division will comply with ADA regulations by establishing and implementing
procedures to ensure reasonable accommodation for inmates with disabilities and to
ensure compliance with ADA regulations concerning:
a. Request for reasonable accommodation/modifications pursuant to the Americans
with Disabilities Act
b. Barrier free access to the facility
c. Facilitation of inmate participation in inmate services, programs and activities.
<ACA 4ALDF 6B 05>
2. Each Division Chief will designate an ADA Coordinator for each facility.
a. Coordinators are responsible for monitoring local compliance with ADA
requirements, standards, and Department policy. <ACA 4ALDF 6B 08>
3. The Denver Sheriff Department will employ at least one sworn staff member who has
successfully completed the certified POST at-risk/elder abuse training course enabling
officers to recognize and address (including reporting) incidents of abuse of at-risk
elders. <C.R.S. 24-31-313>
a. In addition, awareness training for other sworn and civilian staff working
within the jail facilities or Vehicle Impound Facility will be included in
Department pre-service and annual in-service training. Such training shall
include training in the recognition and reporting of known or suspected elder
abuse.
4. Staff will immediately report any knowledge or suspicion of at-risk adult and at-risk
elder abuse or exploitation to their supervisor when they become aware of or
reasonably suspect such incidents have occurred, and notify the appropriate agency
within 24 hours. Supervisors shall additionally ensure:
a. In jurisdictions outside of the City and County of Denver, the Human Services
or the District Attorney’s office where at-risk elder abuse/exploitation is
known or suspected to have occurred shall be notified within 24 hours <C.R.S.
18-6.5-108>
b. Regarding incidents within the jurisdiction of the City and County of Denver:
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If such incident(s) of at-risk elder abuse is known or suspected to have
occurred within the City and County of Denver, the Denver Police
Department will be notified within 24 hours.
In addition, at-risk elder abuse incidents known or suspected to have
occurred in the custody of DSD shall immediately be reported to a Division
Chief and the Denver Sheriff Department Internal Affairs Bureau.
c. Each Division will establish procedures to comply with this order concerning
at-risk elder abuse/exploitation recognition and reporting requirements.
5. Inmates with medically related equipment, including but not limited to prosthetic
devices, hearing devices, medically necessary shoes or braces, etc. prescribed by a
physician shall be allowed to keep such equipment, unless it is shown that such
equipment shall pose a serious threat to the inmate or the safety of others.
a. Medically related equipment custom fitted for an inmate, (e.g. hearing aids,
prosthetics, medically necessary/special shoes) shall remain in place on the
inmate’s person at all times during transport, absent an overriding security risk.
Refer also to Department Orders 1.00.8004 – Transportation of Prisoners, and 1.00.8001
– Medical or Special Transportation of Prisoners.
6. Implementation:
A. Intake:
1. Upon intake, all offenders will be asked to declare any current disability or need for
reasonable accommodation for a qualifying disability.
2. If an inmate declares a disability and need for reasonable accommodation, he/she shall
be given the means to request it. Please also see Section 6.B. of this Department Order.
Request for reasonable accommodation or change in reasonable accommodation will
be captured during:
a. The screening process at intake, and
b. Outside of the screening process at intake, inmates requesting a change in their
reasonable accommodation will submit an Inmate Message Form (“Kite”) to
the ADA Coordinator of Classification Unit. Each change request requires
a new form to be submitted.
3. Signage in the intake areas of jail facilities will clearly indicate the availability of
devices and interpreter services to those who are deaf, hard of hearing or speech
disabled.
4. All televisions in Intake will be operated with closed captioning turned on at all times.
5. An inmate may request a modification for disability at intake or any time while in the
care and custody of the Denver Sheriff Department.
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6. The intake process shall include providing the inmate with information as to the
process for declaring a disability and request for reasonable accommodation under the
Americans with Disabilities Act. A request for reasonable accommodation during
intake will be documented in the Jail Management System (JMS) by the intake officer.
a. The Intake officer will forward the completed request to the ADA Coordinator.
b. The ADA Coordinator shall be responsible for ensuring the request for reasonable
accommodation/change in reasonable accommodation receives prompt
consideration and resolution. Please see Section 6.B of this order.
7. Inmates declaring a hearing, speech or any other disability which substantially
interferes with or impairs communication shall be asked to identify their preferred
means of communication as part of their request for reasonable accommodation at
intake. (See Appendices A and B.)
a. Reasonable efforts will be made to honor the inmate’s communication preference.
b. Inmates declaring a hearing, speech or any other disability which substantially
interferes with or impairs communication shall be provided the opportunity to
choose a proven method/way of communication.
c. Inmates declaring a hearing, speech or any other disability which substantially
interferes with or impairs communication shall be informed that a sign language
interpreter may be provided. A visual aid (please refer to Appendix B) can be used
in helping an inmate communicate his/her preferred method of communication.
d. The Intake Officer will immediately inform the Intake Sergeant so that an
interpreter can be arranged.
e. Deaf, hard of hearing or speech impaired inmates will be given access to phones
via auxiliary aids during the intake process. A visual aid (See Appendix C) can be
used in helping an inmate communicate phone preference. Please refer to
Department Orders 1.00.1012 – Inmate Intake/Booking and 1.00.1016, Inmate
Use of Telephones.
8. Communication Preference Cards - During the intake classification process, the
Intake Classification officer will complete a Communication Preference Card (see
Appendix D) and give it to inmates with hearing, speech or any other disability which
substantially interferes with or impairs communication. The card will contain the
following information:
a. CD number
b. Name of inmate
c. DSD Phone Preference option
Amplified Handset
TTY
Video Phone
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Captioned Phone
d. Communication Preference
Sign Language Interpreter
Writing
Assistive Listening Device
e. Inmate Signature
f. Supervisor Signature
g. Date
B. Processing Requests for Reasonable Accommodation/Modification:
1. To request reasonable accommodation, inmates shall complete the “Inmate Request
for Reasonable Accommodation/Modification” (Please see Appendix A).
a. The Inmate Request for Reasonable accommodation/Modification form can be
obtained from any DSD uniformed officer during intake or anytime thereafter via
kite.
b. Inmates may request and be assisted by medical staff, the ADA Coordinator, Deaf
Advocate, or similar qualified designee to complete the form. The inmate is
allowed to attach one additional page of information, if necessary.
c. Completed forms should be sent directly to the Facility ADA Coordinator.
2. ADA Coordinator Review
a. The Facility ADA Coordinator shall review and investigate the request prior to
making a determination as to a request for reasonable accommodation from an
inmate.
b. The Facility ADA Coordinator may schedule a meeting or phone conference with
the inmate and any involved DSD employees, contract workers or volunteers in
order to facilitate the interactive process.
c. Additional information may be required from the inmate before a determination
on the request may be made.
d. Inmates are responsible for providing the requested additional information to the
Facility ADA Coordinator as soon as possible.
e. The Facility ADA Coordinator will provide recommendations of action as to the
request for reasonable accommodation and must confer with the classification unit
before submitting a written response to the inmate. If any disagreements arise
regarding the request for reasonable accommodation or related modifications, the
Classification Unit Sergeant or Captain will make the final decision.
f. The inmate shall be notified in writing of the status of his/her request for reasonable
accommodation/change in reasonable accommodation.
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g. In all reasonable accommodation determinations, public safety and the health, and
the safety, and welfare of all those involved shall remain the overriding
consideration.
h. In all cases, DSD shall make every effort to provide reasonable accommodation to
ensure equal access to inmates with disabilities.<ACA 4ALDF 6B 02>
i. Any assistive device or health care equipment which is considered personal
property shall remain in the inmate’s possession upon discharge, parole, or release
to community corrections. All other property items and circumstances are
governed by Department Order 1.00.6002 – Inmate Property
C. Housing: Inmates shall be housed in a manner that provides for their safety and security.
<ACA 4ALDF 6B 04>
1. To the greatest extent possible, supervisors should ensure an inmate with a disability is
housed in a location that would best accommodate the inmate retaining approved
medically related equipment.
2. Inmates requiring the use of a wheelchair will be housed in a housing unit designed for
wheelchair access, and will be provided a shower chair if needed.
3. Each Housing Officer will be responsible to effectively communicate all internal
announcements to inmates with hearing and vision disabilities, including but not
limited to: reporting instructions, notice of visiting, appointments, yard release and
recall, count, and lock-down.
a. The Housing Officer will be responsible to turn closed captioning on for all facility
televisions except Intake.
4. Staff shall be informed as to the disability of an inmate as is necessary to facilitate
communication and ensure the wellbeing and safety of the inmate, other inmates and
staff.
D. Confidentiality of Records:
1. Any documentation related to an inmate’s request for reasonable accommodation,
medical screening, or ADA grievances are maintained in a confidential file.
6. Accountability:
A. It will be the responsibility of all employees, officers, and supervisors to be familiar with
and to comply with this order.
B. It is the responsibility of each Division Chief or his/her designee to establish additional
procedures not covered in this Department Order as it would relate to their specific
divisions.
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D.O. Number:
4415.1B
Effective Date is
Date of Last Official
Approval Signature This
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7. Responsibility:
A. Training: The Training Academy will ensure that the curriculum of all currently existing
classes and any newly developed classes are compliant with this order.
B. Management: The Division Chief/Unit Commander or Unit Manager of any division or
unit affected by this policy will:
1. Ensure that existing procedures and all newly developed orders are in compliance
with this order.
2. Ensure that all affected personnel are made aware of this policy.
3. Ensure this policy is reviewed annually for compliance with all federal, state and
local laws and standards.
C. Supervisors: All supervisors will ensure that the provisions of this policy are being
followed.
D. Staff: All officers and employees will comply with the provisions of this policy.
8. Effective Date: This order will become effective immediately upon execution of the last
official signature of approval, as indicated below.
Approved:
___________________________________ ____________________________________
Elias Diggins Date
Sheriff
City and County of Denver
DENVER000009
DEPARTMENT ORDER 4415.1 – APPENDIX A
DSD Form 4415A Rev12/2013
DSD INMATE REQUEST FOR REASONABLE ACCOMMODATION/MODIFICATION–DSD FORM 4415A Return completed form to Facility ADA Coordinator
According to the Americans with Disabilities Act(ADA),and other pertinent Rehabilitation Acts, no qualified individual with a disability shall, on the basis of disability, be excluded from participation or denied the benefits of the services, activities, or programs of the Denver Sheriff Department or be subjected to discrimination for same while under its care or custody . Use this form to request modifications to programs, services or activities based on your disability. Case management will assist with completion of this form upon request. One additional page of information may be attached.
I. INMATE INFORMATION (Please print)
NAME: (Last, first, middle) CD #
FACILITY: DOWNTOWN DETENTION CENTER DENVER COUNTY JAIL
Please print name and title of person completing this form (if other than inmate):
Signature of Officer: Date:
II. MODIFICATIONS REQUESTED: Modifications are assistive device/equipment, communication services, structural or
procedural modifications or adjustments to policies and practices to ensure equal access (e.g., magnifier, sign language interpreter,
re-assignment of job duties, healthcare equipment, restrictions, and/or medical treatment are not modifications).
Please print. Do not leave this section blank.
III. DISABILITY/SUBSTANTIAL LIMITATION: Check () only limitations relevant to above request.
*HEARING *SPEAKING SEEING MOBILITY COGNITIVE/THINKING OTHER
Inmates with hearing, speech or other disability which substantially interferes with or impairs communication:
Please check your preferred method of communication: Sign language interpreter Writing/printed material
Assistive Listening Device (ALD) Other: (please specify):
___________________________________________________________________________________________________
Please check your preferred PHONE OPTION method for outside communication: TTY Video Phone
Captioned Phone Amplified Handset
By signing this form voluntarily and without coercion or under duress, I authorize the Facility ADA Coordinator or designee to: request, review and/or discuss any medical or mental health, academic, housing, assignment and programming records to the extent necessary to investigate disability claims and evaluate reasonableness of modifications requested. Any information related to this request shall only be disclosed on a need-to-know basis in order to investigate and implement approved modifications. I agree to fully participate and cooperate in this process and understand that additional information may be required in order to process this request. Failure to provide this information may result in denial of the requested modification.
Should your needs change while incarcerated in the Denver Jail System, please complete a “Kite” (Inmate Message Form) A “Kite” is a pre-printed yellow form provided by the Denver Jail for inmate communications. Any staff member can provide a “Kite” for you. A NEW form must be completed each time a change in reasonable accommodation is requested.
Please explain:
Sample Only
Form 4415A
Please use the most updated
version of this form, located on the
intranet in the Departmental
Orders/Forms folder:
S:\INTRANET\DIRECTOR\DIRE
CTOR\DEPARTMENTAL_ORDE
RS\FORMS
DENVER000010
DEPARTMENT ORDER 4415.1 – APPENDIX A
DSD Form 4415A Rev12/2013
Inmate Signature Date
DENVER000011
DEPARTMENT ORDER 4415.1 – APPENDIX B
DENVER000012
DEPARTMENT ORDER 4415.1 – APPENDIX C
Human Rights & Community Partnerships
Office of Sign Language Services & Resources
Director: Lorrie A. Kosinski, CI, CT, SC:L
201 W. Colfax Ave., Dept. 1102
Desk: 720.913.8487
Mobile: 303.880.3208
VP: 720.458.8486
Your choice. Which One?
__TTY __Amplified Handset
Inmate Signature__________________________________________________Date_________________
__Captioned Phone __Video Phone
Inmate Name (please print)________________________________________________________________
Phone Preference
DENVER000013
DEPARTMENT ORDER 4415.1 – APPENDIX D
DENVER000014