- Purpose: The purpose of this Department Order is to set forth the Denver Sheriff Department’s (DSD or Department) policy and to provide clear and comprehensive guidelines regarding the identification, care, and custody of inmates with disabilities in compliance with Title II of the Americans with Disabilities Act and at-risk juveniles and adults as defined by Colorado law, and all other applicable federal, state and local laws. This policy applies to inmates who are in the care, custody, or under the supervision of the DSD.
- Policy: It is the policy of the DSD to ensure qualified pretrial detainees and inmates (hereafter “inmates”) who have disabilities are able to access facilities, services, programs, and activities in a manner equal to that afforded other inmates who are in the care, custody or under the supervision of the DSD, unless doing so would result in a fundamental alteration in the nature of a service, program, or activity, or would result in undue financial and administrative burdens. The ADA also does not require the DSD to permit an individual to participate in or benefit from services, programs, or activities when that individual poses a direct threat to the health or safety of others, including deputies or other inmates.
- The determination that an action would result in a fundamental alteration, undue financial and administrative burdens, or direct threat to the health or safety of others may only be made by the Sheriff and/or the Executive Director of Safety or designee. DSD will ensure that procedures established under this policy facilitate the ability of an inmate to request reasonable accommodations and to make a complaint of discrimination through the grievance process.
- Cancelation: This order supersedes and cancels previous versions of Department Order 1.00.1019.
- Definitions:
- ADA Liaison –DSD employees whose assigned duties include receiving, investigating, and promptly acting upon inmate requests for reasonable modifications and/or inmate grievances related to their claimed disability. The ADA Liaison will work with inmates who have been determined to have qualifying disabilities and act as a resource to DSD employees with questions about the ADA and related issues. The ADA Liaison shall be responsible for ensuring supervisors and deputies working in the jail are aware of any inmates in custody who have qualifying disabilities. The ADA Liaison may also contribute to the drafting of post orders and procedures relative to inmates with disabilities, when determined appropriate. Additionally, the ADA Liaison is responsible for working with supervisors, the City Attorney’s Office and/or medical staff, when appropriate, to ensure compliance with Title II, including providing assistance with the determination of whether a qualified inmate with a disability has requested a reasonable modification and, if so, what steps need to be taken to accommodate the request. The Downtown Detention Center and the County Jail shall each have at least one designated ADA Liaison.
- Americans with Disabilities Act (ADA) – Title II of the ADA prohibits public entities, from discriminating against any qualified inmate with a disability in its facilities, programs, services or activities. Specific to the jail setting:
- DSD shall ensure that qualified inmates with disabilities shall not, because a facility is inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of, the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
- DSD shall ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individuals. Unless it is appropriate to make an exception, the DSD:
- Shall not place inmates or detainees with disabilities in inappropriate security classifications because no accessible cells or beds are available
- Shall not place inmates or detainees with disabilities in designated medical areas unless they are actually receiving medical care or treatment;
- Shall not place inmates or detainees with disabilities in facilities that do not offer the same programs as the facilities where they would otherwise be housed; and
- Shall not deprive inmates or detainees with disabilities of visitation with family members by placing them in distant facilities where they would not otherwise be housed.
- DSD shall continue to ensure reasonable policies have been implemented, including physical modifications to additional cells in accordance with the 2010 Standards, so as to ensure that each inmate with a disability is housed in a cell with the accessible elements necessary to afford the inmate access to safe, appropriate housing.
- At-risk adult – An “At-risk adult” means an individual eighteen years of age or older who is susceptible to mistreatment or self-neglect because the individual is unable to perform or obtain services necessary for his or her health, safety or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs.
- For the purpose of the Colorado Criminal Code, an “At-risk Adult” means any person who is seventy years of age or older or any person who is eighteen years of age or older and is a “person with a disability.” A “person with a disability” is someone who:
- 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;
- is unable to walk, see, hear, or speak;
- is unable to breathe without mechanical assistance;
- is a person with a mental health disorder because of one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or to control behavior (Note: an intellectual or developmental disability does not justify or exclude a finding of a mental disorder);
- is mentally impaired, because of any behavioral, mental or psychological disorder such as an intellectual and developmental disability, organic brain syndrome, mental health disorder or specific learning disability;
- is blind because of having not more than ten percent visual acuity in the better eye with correction, or not more than 20/200 central visual acuity in the better eye with correction, or a limitation in the fields of visions such that the widest diameter of the visual field subtends an angle no greater than twenty degrees; or
- is receiving care and treatment for a developmental disability from an agency serving persons with intellectual and developmental disabilities.
- At-risk adult with an intellectual and developmental disability – An at-risk adult with an intellectual and developmental disability (IDD) means a person who is eighteen years of age or older and is a person who has a disability that manifests before the person reaches twenty-two years of age, that constitutes a substantial disability to the affected person, and that is attributable to mental retardation or related conditions, including cerebral palsy, epilepsy, autism, or other neurological conditions when those conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation.
- At-risk elder – An “at risk elder” means any person who is seventy years of age or older.
- At-risk juvenile – An “At-risk juvenile” means any person under the age of eighteen who is a person with a disability as defined in “At-risk Adult.”
- Auxiliary aids and services - include, but are not limited to:
- qualified interpreters on-site or through video remote interpreting (VRI) services, notetakers, real-time computer-aided transcription services (such as Communication Access Real-time Translation (CART)), written materials, telephone handset amplifiers, assistive listening devices, assistive listening devices, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TTD’s), video phones and captioned telephones, or other effective methods of making aurally delivered materials available to individuals who are deaf or hard of hearing;
- qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals who are blind, have low vision or learning disabilities;
- acquisition or modification of equipment or devices; and
- Other similar services and actions.
- Deaf Advocate – An approved person through Denver’s Office of Sign Language Services who meets with a deaf inmate to inform the inmate of potential ADA reasonable modifications available at the Downtown Detention Center or County jail, including how to request such modifications, and to relay to staff of the Denver Sheriff Department any 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 – For purposes of this order, the term “disability” has the same meaning as defined by the ADA (42 U.S.C. §12102(1)). The term “disability” with respect to an individual means:
- a physical or mental impairment that substantially limits one or more major life activities of such individual;
- a record of such an impairment; or
- being regarded as having a physical or mental impairment.
- An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under Title II of the ADA because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. This does not apply to an impairment is transitory or minor, meaning that the impairment has an actual or expected duration of 6 months or less.
- Substantial limitation of a major life activity means an impairment that causes the person to be unable to perform a major life activity that the average person in the general population can perform.
- Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
- A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
- The determination of whether an impairment substantially limits a major life activity is made without regard to ameliorative effects of mitigation measures such as:
- medication, medical supplies or equipment, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics, including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
- use of assistive technology;
- reasonable accommodations or auxiliary aids or services; or
- learned behavioral or adaptive neurological modifications.
- The ameliorative effects of the mitigation measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
- Physical or Mental Impairment means:
- Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine:
- Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
- Physical or mental impairment includes, but is not limited to, such contagious and non-contagious diseases and conditions as the following: orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, HIV (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
- Qualified Individual with a Disability –Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided at Denver jails.
- Qualified sign language interpreter – means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include sign language interpreters, oral transliterators, and cued-language transliterators.
- Qualified Under Colorado law, for the purpose of the Courts, a qualified sign language interpreter means a person who has a valid certification of competency accepted by the Colorado Commission for the Deaf and Hard of Hearing and includes, but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.
- Reasonable Modification – DSD is required to make reasonable modifications in its policies, practices or procedures if such reasonable modifications are necessary to allow a qualified inmate with a disability to partake in services, programs or activities offered by DSD, unless the requested modification would fundamentally alter the nature of the service, program or activity, impose an undue financial and administrative burden, or if the inmate poses a direct threat of harm to the health and safety of others and reasonable modifications to policies, practices or procedures will not eliminate that risk.
- Service Animal – Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
- The work or tasks performed by a service animal must be directly related to the individual’s disability.
- Examples of work or tasks include, but are not limited to, assisting people who are blind or have low vision with navigation or other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, alerting and assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
- Service animals are working animals, not pets.
- Generally, DSD must permit service animals to accompany people with disabilities in all areas of a facility where the public is allowed to go. A deputy shall not ask about the nature or extent of a person’s disability who is accompanied by a dog. The only questions which may be asked in situations where it is not obvious that the dog is a service animal are: (1) whether the dog is required because of a disability; and (2) what work or task the dog has been trained to perform. A request may not be made for documentation or to have the dog demonstrate the task. An individual may be asked to remove a service dog from a public facility if it is out of control and the animal’s handler does not take effective action to control it or the dog is not housebroken.
- Undue Burden, Fundamental Alteration and Direct Threat Defenses – A modification request may be denied if it is determined by the Sheriff and/or the Executive Director of Safety or designee that providing the requested modification would fundamentally alter the nature of the service, program or activity being provided, or would result in undue financial and administrative burdens. A reasonable modification may also be denied by the Sheriff and/or the Executive Director of Safety or designee if it is determined that an individual poses a direct threat to the health or safety of others, including deputies or other inmates and reasonable modifications to policies, practices or procedures will not eliminate that risk.
- The determination of a fundamental alteration, undue burden or direct threat shall be made in consultation with the City Attorney’s Office.
- Guidelines:
- General guidelines :< ACA 4-ALDF: 6B-08>
- Each Division will comply with ADA regulations by establishing and implementing procedures to ensure reasonable modifications for inmates with disabilities and to ensure compliance with ADA regulations concerning:
- Request for reasonable accommodation/modifications pursuant to Title II of the Americans with Disabilities Act
- Barrier-free access to the facility
- Facilitation of inmate participation in inmate services, programs and activities. <ACA 4ALDF: 6B-05>
- The Chief of Operations or designee shall designate an ADA Liaison for each facility.
- Staff will receive training related to inmates with disabilities and the requirements of Title II and state and local law prior to assuming the role of the ADA Liaison.
- Liaisons are responsible for monitoring compliance with ADA requirements, standards, and Department policy. Any concerns shall immediately be brought to the attention of a supervisor.
- The Sheriff will appoint at least one sworn staff member who has successfully completed the certified POST at-risk/elder abuse training curriculum. <C.R.S. § 24-31-313>
- 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 recognition of and how to address incidents of abuse and exploitation of at-risk elders and reporting of the same.
- Staff who observes the mistreatment of an at-risk elder or an at-risk adult with IDD or who has reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or is at imminent risks of mistreatment, shall report such fact of a law enforcement agency not more than twenty-four (24) hours after making the observation or discovery of such abuse. Supervisors shall additionally ensure:
- In locations where abuse or exploitation occurred outside of the City and County of Denver, that notification of known or suspected abuse or exploitation is reported to the Human Services Department of the county in which the at-risk adult resides and the District Attorney’s office of the location where at-risk elder abuse/exploitation is known or suspected to have occurred not more than twenty-four (24) hours after a report of abuse or exploitation is received. <C.R.S. § 18-6.5-108>
- If the abuse or exploitation occurred within the jurisdiction of the City and County of Denver, notification must be provided to the Denver Police Department, the Denver Human Services Department and the Denver District Attorney’s office not more than twenty-four (24) hours after a report of abuse or exploitation is received.
- In addition, at-risk elder abuse incidents known or suspected to have occurred in the custody of DSD shall immediately be reported to the Chief of Operations and the Denver Sheriff Department Internal Affairs Bureau.
- DSD will establish procedures to comply with this order concerning at-risk elder abuse/exploitation recognition and reporting requirements.
- Inmates with medically related equipment, including but not limited to prosthetic devices, hearing devices, medically necessary shoes or braces, etc. shall be allowed to keep such equipment if approved by medical personnel. If such equipment is found to pose a threat to the inmate, others or to the safe and secure operations of the facility, a supervisor will be notified.
- 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. Please refer to Procedure Manual 5.00.1065 - Jails: Inmate Management for additional information.
- Refer also to Department Orders 1.00.8004 – Transportation of Prisoners, and 1.00.8001 – Medical or Special Transportation of Prisoners.
- Implementation:
- Intake:
- Upon intake, whenever a detainee or inmate has a disability which is obvious, or the inmate, when asked, informs staff that s/he has a disability, the inmate shall be asked if they are requesting a reasonable modification under the ADA to accommodate their disability.
- If an inmate declares a disability and need for a reasonable modification(s), he/she shall be given the means to request it. Please also see Section 6.B. and 7. of this Department Order. Request for modifications made by an inmate will be captured during the screening process at intake. However, if the inmate has an obvious disability, then reasonable modifications shall be provided to the detainee/inmate even in the absence of a written request for such modifications.
- Outside of the intake screening process, inmates requesting a modification or change in modifications are required to submit an Inmate Message Form (“Kite”) to the ADA Liaison of Classification Unit. Each request or request for modification change requires the submission of a new form.
- 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 has a speech disorder.
- All televisions in Intake will be operated with closed captioning turned on at all times.
- An inmate may request a modification for disability at intake or any time while in the care and custody of the DSD.
- The intake process shall include providing the inmate with information as to the process for declaring a disability and request for reasonable modifications under the Americans with Disabilities Act. A request for reasonable modifications during intake will be documented in the Jail Management System (JMS) by the intake deputy.
- The intake deputy will forward the completed request to the ADA Liaison.
- The ADA Liaison shall be responsible for ensuring the request for reasonable modifications/change in reasonable modifications receives prompt consideration and resolution. Please see Section 6.B of this order.
- Inmate request and provision of an ADA accommodation or modification will be logged in the JMS by the ADA Liaison.
- 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 modifications at intake. (Please click here for request for reasonable modification).
- Reasonable efforts will be made to honor the inmate’s communication preference.
- 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.
- 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 found in the request for reasonable modification form shall be used in helping an inmate communicate his/her preferred method of communication.
- Upon arrival to the DDC, the intake deputy will immediately inform the Intake Sergeant of an inmate’s preference for a sign language interpreter and the Intake Sergeant will ensure that an interpreter is requested and reports to the facility as soon as reasonably possible.
- Inmates who are deaf, hard of hearing or have a speech disorder will be given access to phones via auxiliary aids during the intake process. A visual aid found in the request for reasonable modification form 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.
- Communication Preference Cards - During the intake classification process, the intake classification deputy will complete a Communication Preference Card, found in the request for reasonable modification form, 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:
- CD number
- Name of inmate
- Phone Preference option
- Amplified Handset
- TTY
- Video Phone
- Captioned Phone
- Communication Preference
- Sign Language Interpreter
- Writing
- Assistive Listening Device
- Inmate Signature
- Supervisor Signature
- Date
- Processing Requests for Modifications:
- To request a modification based upon a disability, inmates shall complete the “Inmate Request for Modification” found in the request for reasonable modification form.
- The Inmate Request for Reasonable Modification form can be obtained from any DSD uniformed deputy during intake or anytime thereafter via kite.
- Inmates may request and be assisted by medical staff, the ADA Liaison, Deaf Advocate, or similarly qualified designee to complete the form. The inmate is allowed to attach one additional page of information, if necessary.
- Completed forms should be sent directly to the Facility ADA Liaison.
- ADA Liaison Review <ACA 4-ALDF: 6B-06>
- The Facility ADA Liaison shall review and investigate the request prior to making a determination as to a request for reasonable modifications from an inmate.
- The Facility ADA Liaison shall also ensure that inmates with obvious disabilities are provided with necessary reasonable modifications, even when a written request is not made.
- The Facility ADA Liaison may schedule a meeting or phone conference with the inmate and any involved DSD employees, including medical providers, contract workers or volunteers in order to facilitate the interactive process.
- Additional information may be required from the inmate before a determination on the request may be made.
- Inmates are responsible for providing the requested additional information to the Facility ADA Liaison as soon as possible.
- The Facility ADA Liaison will provide recommendations of action as to the request for reasonable modifications and must confer with the classification unit before submitting a written response to the inmate. If any disagreements arise regarding the request, the Classification Unit sergeant or captain shall be notified and shall be responsible for making the final decision.
- f. The inmate shall be notified in writing of the status of his/her request for reasonable modifications/change in reasonable modifications.
- In all determinations with respect to requests for modifications, public safety and the health, and the safety, and welfare of all those involved shall remain the overriding consideration.
- DSD shall make every effort to provide reasonable modifications to ensure equal access to inmates with disabilities. <ACA 4ALDF: 6B-02>
- 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 <ACA 4-ALDF: 6B-07>
- Housing: Inmates shall be housed in a manner that provides for their safety and security and provides the most integrated setting appropriate to the needs of the individual. <ACA 4ALDF: 6B-04>
- 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.
- Inmates requiring the use of a wheelchair shall be housed in a housing unit designed for wheelchair access, and will be provided a shower chair, if needed.
- Each housing deputy 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, medical cart, meal times, yard release and recall, count, and lock-down.
- The housing deputy will be responsible to ensure closed captioning is turned on for all facility televisions except Intake.
- Staff shall be informed that an inmate has a disability as is necessary to facilitate communication and ensure the wellbeing and safety of the inmate, other inmates, and staff.
- Unless it is reasonably appropriate to make an exception, the DSD shall not place inmates or detainees with disabilities:
- in inappropriate security classifications because no accessible cells or beds are available; or
- in designated medical areas unless they are actually receiving medical care or treatment.
- Confidentiality of Records:
- Any documentation related to an inmate’s request for modifications, medical screening, or ADA grievances shall be maintained in a confidential file.
- Accountability:
- It will be the responsibility of all employees, deputies, and supervisors to be familiar with and to comply with this order.
- 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.
- Responsibility:
- Training: The Training Academy will ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order.
- Management: The division chief/unit commander or unit manager of any division or unit affected by this policy will:
- Ensure that existing procedures and all newly developed orders are in compliance with this order.
- Ensure that all affected personnel are made aware of this policy.
- Ensure this policy is reviewed annually for compliance with all federal, state, and local laws and standards.
- Supervisors: All supervisors will ensure that the provisions of this policy are being followed.
- Staff: All deputies and employees will comply with the provisions of this policy.
- Effective Date: This order will become effective January 8th, 2019.
- Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.
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