A. Policy
Language barriers can sometimes inhibit or even prohibit Limited English Proficient (LEP) persons from accessing assistance and/or understanding fundamental rights, obligations, and services or communicating accurately and efficiently in various public and law enforcement interactions. Miscommunication with victims, witnesses, suspects, and community members because of language differences can jeopardize safety and create evidentiary and investigative challenges. In addition to the practical reasons for ensuring language accessibility in law enforcement situations, it is required by law. Under Title VI of the Civil Rights Act of 1964, LEP persons have the right to language assistance that results in accurate, timely, and effective communication with law enforcement at no cost.

The Lakewood Police Department is committed to equitably serving all community members, including LEP persons. It is the policy of the Lakewood Police Department to take every reasonable step to ensure accurate, timely, and effective communication to all persons, regardless of national origin or primary language. If there is any conflict, discrepancy, or inconsistency between this policy and any other LPD policies, bulletins, or other directives related to language access, the terms of this policy controls LPD response to LEP individuals.

Definitions

1. Exigent Circumstances. Circumstances requiring prompt action before language services can reasonably be obtained in order to protect life, prevent serious injury, or protect substantial property interests; to apprehend or identify a fleeing offender; or to prevent the hiding, destruction, or alteration of sensitive evidence.

2. Interpretation. The act of listening to a communication in one language (source language) and orally converting it to another language (target language) while retaining the same meaning. There are two modes of interpreting: consecutive and simultaneous. A consecutive interpreter interprets speech after the original speaker has paused or finished speaking, while a simultaneous interpreter works in real-time, speaking without pauses.

3. Interpreter. An interpreter primarily translates and specializes in oral communication. An interpreter is an individual who has been assessed using a highly rigorous, standardized, and professionally validated instrument and trained in specialized terminology, the ethical canons of interpretation, and other standard requirements. An interpreter can be from an outside agency, company, or service personnel authorized by the City of Lakewood and their individual agency to perform interpretation in a designated language due to specialized education, training, and assessments.

4. Language Assistance. Facilitating effective communication with a LEP person using one of the following five methods: in-person interpretation, remote video or telephonic interpretation, translation, direct �in-language� or monolingual communication, or sight translation.

5. Limited English Proficient (LEP) Person. A person for whom English is not their primary language and has a limited ability to read, write, speak, or understand English. An LEP person may be competent in certain types of communication in the English language (e.g., speaking or understanding) but still may be LEP for other purposes (e.g., reading or writing) and require language assistance services (e.g., interpreters or translated materials). Similarly, LEP designations are context-specific: A person may possess sufficient English language skills to function in one setting but may find these skills are insufficient in other situations (e.g., after a traumatic event, when providing medical information, when providing eyewitness accounts, when under interrogation, etc.)

6. Primary Language. The language in which a person is most effectively able to communicate.

7. Sight Translation. An on-the-spot, complete, oral rendition of written text from the source language into the target language by an interpreter without a change in meaning based on a visual review of the original text or document. Interpreters may only provide sight translations. However, qualified bilingual personnel may explain the contents of a form or document to an LEP person without purporting to sight translate the document.

8. Translation. The replacement of written text from one language (source language) into an equivalent written text in another language (target language).

9. Translator. A translator primarily translates and specializes in written communication. A translator is an individual who has been assessed as qualified to perform translations using a highly rigorous, standardized, and professionally validated instrument and trained in specialized terminology and other standard requirements. A translator can be from an outside agency, company, or service personnel authorized to perform the translation in a designated language due to specialized education, training, and certifications.

B. Procedure

1. LPD personnel should follow these procedures in all encounters with Limited English Proficient (LEP) individuals, absent exigent circumstances.

2. In the event of an exigent circumstance, LPD personnel may use the most reliable temporary interpreter available after considering the risk of inaccurate information, bias, and conflict of interest when relying on a temporary interpreter. Once the exigency has passed, LPD personnel shall adhere to the procedures set forth in this policy. Any information obtained through a temporary interpreter must be confirmed as accurate after the exigency ends.

3. Identification of Limited English Proficient (LEP) Persons:

a. When LPD personnel encounter a person who may be LEP, they must immediately determine whether that individual is LEP by using all necessary methods to ascertain LEP status. LPD personnel can decide if a person is LEP by asking open-ended questions requiring a narrative response. If the person cannot provide a fluent narrative response in English, the person shall be deemed LEP and language assistance shall be provided. Other indicators that a person may be LEP include if the person: speaks in incomplete or fragmented sentences, uses words that suggest a request for language assistance or switches from English to another language. LPD personnel should err on the side of providing language assistance when unsure of LEP status.

b. Identification of Primary Language: After an initial determination is made that a person is LEP, avoid making assumptions about a person�s primary language and identify the LEP person�s primary language using one or more of the following commonly used methods, in order of priority:

(1) Self-identification by the LEP person (i.e., the person is able to communicate the primary language that they speak).

(2) Language identification cards (e.g., �I Speak� cards) or posters.

c. All LPD personnel will be provided a language identification card to aid in the identification of the primary language spoken by a LEP person.

d. When self-identification by the LEP person is unsuccessful, LPD personnel shall display the language identification card to the LEP person so the person can identify the primary language they speak before calling bilingual personnel, contract, or professional interpretation services.

e. If self-identification by the LEP person is unsuccessful and the person does not appear able to read or understand the language identification card, LPD personnel may utilize other options, including asking any bystanders with the LEP person to identify the primary language the individual speaks or displaying maps or flags in the event that such visual cues help to identify the geographic region in which the language is spoken. LPD personnel may also utilize the LPD�s contracted telephonic interpretation service provider to identify languages spoken in that region and pinpoint the particular language required.

4. Oral Language Assistance Available Options:

a. Bilingual City of Lakewood Personnel: LPD shall maintain, periodically update, and distribute to JeffCom a current LPD list of qualified bilingual personnel. The list shall contain the name, badge or employee number, language, ability level/authorized types of communication, shift, and contact information for all listed bilingual personnel. JeffCom will assist in bilingual personnel available to respond in person. The bilingual personnel list will be available Department-wide to assist with follow-up or scheduled communications with LEP persons when needed. Absent exigent circumstances, LPD personnel who are not bilingual personnel shall not communicate with LEP persons in languages other than English or without language assistance. LPD Professional Standards will maintain the LPD bilingual personnel list.

b. City of Lakewood Contracted Language Services: In the event that LPD bilingual personnel are unavailable, LPD personnel shall utilize contract and professional interpretation organizations offering in-person, video, and/or telephonic interpretation. The City of Lakewood will provide LPD personnel with the appropriate contact information and any department account code information to access such services.

5. Order of Preference: LPD personnel shall provide language assistance to LEP persons they encounter using the following order of preference unless deviations are required to comply with the procedures for specific contact situations described below.

a. City of Lakewood Bilingual Personnel: Utilize communication by the City of Lakewood bilingual personnel in person, if possible. If the City of Lakewood bilingual individual is unable to respond in person, by phone or face time should be considered.

b. In-Person or Video Interpreter: When qualified bilingual personnel are unavailable, LPD personnel should use an interpreter to provide in-person or video remote interpretation services. The City of Lakewood will maintain lists of non-LPD contract interpreters in target languages who may be on-call to respond in person. In-person and/or video remote assistance is particularly critical where constitutional rights are involved and in other high-stakes communications.

c. Telephone Interpreter: When qualified bilingual personnel and interpreters are unavailable to provide service in person or by video remote connection, LPD personnel should utilize their services by telephone or telephonic interpretation service.

LPD personnel shall take reasonable steps to ensure that the interpreter providing language assistance does not know any of the parties or have any bias, conflict of interest, and/or connection to the situation.

6. Specific Contact Situations:

a. Investigative Interviews: The accuracy of victim and witness statements is a priority in criminal investigations. To ensure accurate and effective communication during a formal interview in the course of a criminal investigation, an in-person interpreter shall be used to take formal statements of a LEP witness and/or victim. When available, written forms shall be provided to the witness and/or victim in their primary language. In the case of forms that have not been translated into the LEP person�s primary language and in the case of illiteracy, an interpreter shall sight translate documents to the witness and/or victim in their primary language, or qualified bilingual personnel may accurately explain the content of the forms in the LEP person�s primary language.

b. Suspect Interrogations: As in other formal interviews, interrogations of Limited English Proficient suspects may involve statements of evidentiary value on which the person may be impeached in court. As such, accuracy is essential. If possible, a bilingual law enforcement professional should conduct interrogations. If no bilingual law enforcement professionals are available to conduct the interrogation, an interpreter shall interpret between LPD personnel and the suspect. A second law enforcement professional may still be present as a witness to the interrogation. All roles of the individuals present during the interrogation shall be explained to the LEP person. All LEP custodial interrogations shall be recorded by audio and video. LPD shall obtain a written transcription of the interview in English at LPD�s expense.

c. Advice of Rights: LPD personnel shall handle the advice of rights carefully in any situation. That need is magnified where LEP persons are concerned. LPD personnel shall provide the advice of rights in a translated format in the LEP person�s primary language. If the LEP person is illiterate, does not indicate an understanding of what is read, or if required forms in the appropriate language are unavailable, LPD personnel shall read the forms to the subject in his/her primary language (sight translation) using an interpreter. LPD personnel shall indicate how the advice of rights was administered to LEP persons (e.g., translated or sight translated) in the accompanying incident report.

d. Incident Reports: Whenever a report is prepared regarding an incident involving a LEP person, the incident report shall identify that the incident involved a LEP person(s), the primary language spoken by the LEP person(s), the manner in which language assistance services were provided (i.e., in person, telephonic, video, etc.), and the name or employee ID number of the person who provided language assistance services.

7. Translating and Transcribing Evidence into English:

a. LPD shall translate written information submitted in a non-English language and transcribe non-English language recordings into English when such evidence is received as part of an investigation and/or prosecution of a criminal case or administrative investigation. LPD personnel assigned to the investigation are responsible for the timely translation and/or transcription of information submitted in a non-English language. Written information submitted in a non-English language and non-English language recordings shall be timely submitted for translation/ transcription.

b. Use of online automated software translation services (i.e., Google Translate) are insufficient to meet the quality assurance standards for translation. These types of translation tools shall only be used in exigent circumstances. If exigent circumstances require LPD personnel to use automated software translation services, the LPD employee shall seek the assistance of bilingual personnel, an interpreter, or a telephone interpreter as soon as practicable to confirm or supplement the initial information acquired using unauthorized language assistance.

c. LPD personnel must arrange for a translator, interpreter, or bilingual personnel to review non-English text submitted in written or electronic format, as well as non-English language recordings (including phone messages) within 24 hours of receipt to assess for emergency needs (e.g., immediate threat to life, public safety, substantial property interests; to apprehend or identify a fleeing offender; and to prevent the hiding, destruction, or alteration of sensitive evidence).

(1) If no qualified translator, interpreter, or bilingual persons are available, LPD personnel are to use the most reliable temporary translation option available.

(2) If the initial internal review identifies an emergency need, LPD personnel shall immediately act on the information.

(3) After the initial internal review for an emergency is complete, LPD personnel shall create a call for service, complete a police report, or contact reporting party as deemed necessary. When LPD personnel act on the information, they shall submit the non-English text or recording to a qualified translation or transcription service provider to translate the information into English and add the translation or transcription to Evidence.com or the case report.

8. Restricted Language Assistance Practices.

a. LPD personnel shall not use minors, family members, neighbors, friends, volunteers, or bystanders to provide language assistance unless there are exigent circumstances and a more reliable interpreter is unavailable. Language assistance obtained through such sources may be highly unreliable, particularly in:
(1) communications involving witnesses, victims, and potential suspects;
(2) investigations, collection of evidence, and negotiations;
(3) sensitive investigations such as suspected domestic violence, child abuse, child abduction, and/or sexual assault.

b. If exigent circumstances require LPD personnel to use restricted language access practices, as described above, the LPD employee should seek the assistance of bilingual personnel, an interpreter, or a telephone interpreter to confirm or supplement the initial information acquired using temporary language assistance as soon as practicable.

9. LanguageLine
The City of Lakewood has contracted LanguageLine for language access services for Limited English Proficient (LEP) individuals. The Lakewood Police Department shall use LanguageLine for interpretation, translation, and transcription needs. The following are the language access services LanguageLine provides and how to access each. LPD personnel are encouraged to refer to and familiarize themselves with www.languageline.com. 24/7 customer support for LanguageLine�s customer service team is available for all services. If you need help with product information or support: By Phone: 1-800-752-6096, option 2 By Email: customercare@languageline.com. InSight Application Technical Support: 1-844-373-1951.

a. In-person response. A contracted interpreter arrives on the scene or location requested by LPD personnel. The in-person interpreter will provide on-scene person-to-person translation services. In-person availability is subject to the language requested and resources available to respond to the City of Lakewood. Factors outside of LPD control will limit in-person services. To request an in-person on-site interpreter, call 1-888-225-6056, and use option 1 for the request. Outside of standard business hours (0800 hours Eastern Time to 1700 hours Eastern Time) and days (Monday to Friday), answering services may be delayed, and available interpreters may have an extended time of arrival. Once you connect with a live LanguageLine operator, LPD personnel will need to use the Lakewood Police Client ID # 936029 for access to the in-person response service.

b. InSight or On-demand Video Remote Interpreting allows LPD personnel to gain access to a live interpreter 24/7/365. The live interpreter will interpret the source language into the target language with the added benefit of facial expressions, hand gestures, and other unique characteristics of a culture or language. The live on-demand interpreter will interact via smartphones or computers. LPD personnel shall only use equipment issued by the City of Lakewood for the purposes of on-duty interpretation. InSight interpretation should be used with LEP individuals who are elderly or young. These groups benefit significantly from seeing a human face while communicating. LPD personnel should first use their issued laptop or MDT due to the larger screen size. The use of smartphones is acceptable in circumstances where the larger screen is not feasible.

c. City of Lakewood personnel shall download the LanguageLine application on their City of Lakewood-issued smartphone. For iPhones or iPads, the LanguageLine application is named �LanguageLine InSight�. For Android devices the LanguageLine application is named, �LanguageLine�. Once downloaded, all LPD personnel shall use Authentication Code 7MHHF7DP3B and name their device as follows: LPD, followed by badge number, followed by the type of device you are setting up the account on. Example: LPD1111phone. Once your device has been authenticated, allow the application to use your device�s microphone and camera.

10. City of Lakewood personnel shall save the LanguageLine web page on their City of Lakewood-issued laptop or mobile computer. LPD personnel shall use Chrome and enter the URL https://InSight.LanguageLine.com LPD personnel shall use Authentication Code 7MHHF7DP3B and name their device as follows: LPD, followed by badge number, followed by the type of device you are setting up the account on. Example: LPD1111Laptop.Once your device has been authenticated, allow the application to use your device�s microphone and camera.

a. Tips for a successful interpretation session are: Introduce yourself and brief the interpreter on your incident and needs. Speak slowly in short sentences. Allow the interpreter time to interpret. Check for understanding.

b. To access LanguageLine phone interpretation, dial LanguageLine at 1-866-874-3972, input the Lakewood Police Department�s Client ID # 936029, then press 1 for Spanish, 2 for all other languages, 0 if you do not know the language you need.

c. Telephone interpreting. Phone interpreting connects a human interpreter via the telephone to individuals who need to talk with each other but do not share a primary language. The interpreter converts spoken language from the source language into the target language and then from the target language back to the source language.

d. To request an appointment, LPD personnel need to complete the LanguageLine Onsite Interpreter Request Form. Once completed, send the form to onsiterequests@FluentLS.com. LPD personnel can also schedule an appointment by calling LanguageLine, at 1-888-225-6056 and using option 1 for the request. LPD personnel will need to use the Lakewood Police Client ID # 936029 for the request. Please provide LanguageLine with three to five business days� notice when possible. Advanced notice is not always possible, and LanguageLine will try to fill any onsite interpretation request in a timely manner. LPD personnel shall contact LanguageLine immediately when learning the need for an onsite interpreter is not needed (one full business day in advance to cancel an interpreter request to avoid the cancellation fee).

e. Onsite appointment response. Onsite appointment response is a scheduled in-person interpretation when LPD personnel know in advance of a need for translation services. The onsite appointment service has the ability for LPD personnel to schedule the same interpreter for multiple interviews or have more than one interpreter respond if needed. An appointment response is best for witness or victim interviews, suspect interrogations, advisement of rights, or other situations when the need for accurate communication is significant.

11. Translation - Transcription of written documents and audio recordings

a. LanguageLine will translate documents, audio recordings, or visual and audio records from the source language to English for LPD personnel. LPD personnel should be mindful of the cost and length of time for translation services of audio recordings and written documents. The cost and length of turnaround time vary on the number of words needed and the size of the audio file needing to be translated and transcribed.

b. LPD personnel using LanguageLine transcription services shall obtain direct supervisor approval for an amount over $500.00. Amounts greater than $1000.00 shall be approved by an LPD commander or manager of the division seeking approval.

c. To receive a quote and/or move forward with LanguageLine transcription services, sign into the LPD LanguageLine translation services customer portal at https://translation.languageline.com. Once in the portal, follow the �Create Project� prompts.

d. To assist with the accuracy of your transcription, include details to the following questions:
(1) What is the subject matter, language(s), and context of the audio?
(2) What is the intended use of the transcription (e.g., internal, basic understanding, legal proceedings)?
(3) Do you need �clean� transcriptions? (transcriptionist takes liberties to smooth out the language for the sake of comprehension) or �verbatim� (exact representation of audio including �ums�, background noise, repeated words, etc.)
(4) How many speakers?
(5) Are time codes required on the transcription?
(6) What file format audio files (i.e., wav., mp3., etc.)?
(7) How are audio files and transcriptions being stored, exported/imported, and managed?
(8) What deliverables are required?
(9) What languages are spoken?
(10) Are translations required? What language pairs?
(11) How should unintelligible audio be handled?
(12) What is the current and anticipated volume & frequency per language?
(13) What is your current transcription process?
(14) What changes or improvements would you like to see, if any? Is there a template for transcription already in place that we should use? What turnaround times are required?