Lakewood Police Department
Policy and Procedure
Communicating with Persons Who are Deaf or Hard of Hearing 		Effective Date: 10/10/2022
Policy Number: PP-7155 - Communicating with Persons Who are Deaf or Hard of Hearing
  1. Policy

    It is the policy of Lakewood Police Department to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing.  Lakewood Police Department has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act to communicate effectively with people who are deaf or hard of hearing. 
  2. Procedure

    To carry out these policies and legal obligations, the Lakewood Police Department instructs its agents and employees as follows:
    1. People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided to other persons. 
    2. The Lakewood Police Department will make reasonable efforts to ensure that its agents and employees communicate effectively with individuals who are deaf or hard of hearing.
    3. Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation. 
    4. Various types of communication aids -- known as "auxiliary aids and services" -- are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; use of a notepad and pen or pencil to exchange written notes; use of an assistive listening system or device to amplify sound for persons who are hard of hearing; or use of a qualified oral or sign language interpreter. 
    5. The type of aid that will be required for effective communication will depend on the individual's usual method of communication, and the nature, importance, and duration of the communication at issue.
    6. In many circumstances, oral communication supplemented by gestures and visual aids or an exchange of written notes will be an effective means of communicating with people who are deaf or hard of hearing.  In other circumstances, a qualified sign language or oral interpreter may be needed to communicate effectively with persons who are deaf or hard of hearing.  The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication. For example:
      1. If there has been an incident and the agent is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language. A qualified oral interpreter may be required to communicate effectively with someone who has been trained to speech read (read lips). 
      2. If a person is asking an agent for directions to a location, gestures or an exchange of written notes will likely be sufficient to communicate effectively. 
    7. To serve each individual effectively, primary consideration should be given to providing the type of communication aid or service requested by the individual. Agents should find out from the person who is deaf or hard of hearing what type of auxiliary aid or service he or she needs. Agents should defer to those expressed choices, unless:
      1. There is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing; or
      2. Doing so would fundamentally alter the nature of the law enforcement activity in question or would cause an undue administrative or financial burden; only sergeant or above may make this determination. 
    8. The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Agents must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including people who are deaf or hard of hearing. 
    9. People who are deaf or hard of hearing must not be charged for the cost of an auxiliary aid or service needed for effective communication. 
      10. On-Call Interpretive Services
    10. On-Call Interpretive Services
      11. a. Employees should first use the on-line application “Purple Communications” when communicating with deaf or hard of hearing individuals.  Purple is installed on all issued Lakewood Police Department computers and smartphones.  Purple will provide a live interpreter virtually who is certified in American Sign Language or Signed English.  Employees 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.

      If necessary to list a Purple interpreter as a witness, their employee I.D. number will be displayed on screen.  Further contact must be arranged through the Purple Compliance Division at: Email – vri@purple.us.  Phone 800-618-2418.
       
      b. If Purple is unavailable, requests for sign language interpreters can be made through Jeffcom dispatch. Jeffcom will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed.  Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. 

      c. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. 
       
      d. A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who speech reads) what is being said by the officer and be able to voice to the officer what is being signed or said by the deaf individual.  The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Additionally, although a "qualified" interpreter may be certified, a certified interpreter is not necessarily "qualified," if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or for the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). 
       

    11. TTY/ TDD and Relay Services

      In situations when a nondisabled person would have access to a telephone in the police department, agents must provide persons who are deaf or hard of hearing the opportunity to place calls using a teletypewriter (TTY, also known as a telecommunications device for deaf people, or TDD) or a video remote interpreting service, if available. Jeffcom must also accept telephone calls placed by persons who are deaf or hard of hearing.  
    12. Techniques for employees to communicate effectively
      1. Employees may utilize the following auxiliary aids, when available, to communicate effectively:
        1. Use of gestures;
        2. Use of visual aids;
        3. Use of a notepad and pen or pencil;
        4. Use of a computer or typewriter;
        5. Use of an assistive listening system or device;
        6. Use of a teletypewriter (TTY);
        7. Use of a qualified oral or sign language interpreter. 
        8. Use of video remote interpreting service. 
      2. Agents must review and have a working knowledge of the publication Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Agents. This document reviews how Agents should communicate effectively in the types of situations Agents will encounter.    
    13. If an agent cannot effectively inform an arrestee of the Miranda warnings without the use of a sign language interpreter, the agent must secure the services of a qualified interpreter in order to communicate accurately the warnings to the arrestee prior to the interrogation. 
    14. When used in a criminal investigation, all identifying information on the interpreter must be included in the agent's report. 
    15. All unsuccessful attempts to obtain the services of a sign language interpreter should be documented in the agent's report.   
NEXT: PP-7160 - Victim/Witness Assistance Services Referral