RANDOLPH COUNTY SHERIFF'S OFFICE

POLICY:

The Randolph County Detention Center shall not unlawfully discriminate against any person on the basis of a person’s disability. Through compliance with the Americans with Disability Act (ADA), all staff, contractors, volunteers, visitors, detainees and any person with legitimate business at the facility shall be provided barrier-free access to the facility, programs and services consistent with Reasonable Accommodations and security requirements. The Randolph County Detention Center shall establish procedures to ensure that requests for Reasonable Accommodations are appropriately responded to and documented.

Correctional Officers must become familiar with government agencies, nonprofit agencies, volunteer organizations, and emergency medical services that may provide assistance to detainees with any disability that is covered by the ADA. The Randolph County Sheriff’s Office shall seek the guidance and approval of the County Attorney when developing, reviewing and publishing any policy and/or procedure regarding the ADA.

It is in the penological interest of the facility to provide policy and procedure that achieve compliance with the American with Disabilities Act.

DEFINITIONS:

ADA- Americans with Disabilities Act of 1992. The ADA covers individuals who have a physical and/or mental impairment that substantially limits one or more major life activities, who have a record of such impairment, or who are regarded as having such an impairment. The ADA guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. Temporary conditions are generally not covered by the ADA. Certain other conditions are expressly excluded from coverage by the ADA. Excluded conditions include pedophilia, homosexuality, trans-sexuality, transvestism, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from current user of illegal drugs or alcohol.

ADA Coordinator- An employee of the Sheriff’s Office assigned by the Sheriff or his/her designee to ensure that the Randolph County Sheriff’s Office is in compliance with the Americans with Disabilities Act. The staff member assigned as the ADA Coordinator shall be responsible for reviewing all documentation, and documenting responses to all disability related requests. The ADA Coordinator shall maintain files of each ADA detainee and incorporate the previously listed information. The ADA Coordinator shall review this policy annually and seek approval from the county attorney. The ADA Coordinator shall be responsible for maintaining all TTY and TDD machines, monthly inspection of shower chairs, videophones and other duties as assigned by Chief Jail Administrator.

Physical Impairment- Any physiological disorder, 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.

Mental Impairment- Any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities; and includes but is not limited to, such contagious and noncontagious 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. 

Sensory Impairment- a disability involving blindness, deafness or a severe hearing or vision impairment.

Assistive Device- Any device used by a disabled individual, which aids them in the performance of day to day activities (walker, cane crutches).

Eligible Individuals- Covered individuals are entitled to an equal opportunity to participate in programs, services or activities. Persons with disabilities may not be refused participation in services, programs or activities by reason of their disability unless the individual presents a direct threat to the health and/or safety of themselves or others. Persons who have successfully completed a supervised drug rehabilitation program or have otherwise been rehabilitated successfully and who are not engaging in current illegal use of drugs. Additionally, discrimination is prohibited against an individual who is currently participating in a supervised rehabilitation program and is not engaging in current illegal use of drugs. A person who is erroneously regarded as engaging in current illegal use of drugs is protected.

Major Life Activities- Basic functions that the average person can perform with little or no difficulty such as caring for oneself, manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. 

Intellectual Disability- Formally known as Mental Retardation, refers to the condition of a person afflicted with substantial sub-average general intellectual functioning that is associated with impairment in adaptive behavior.

Prosthesis- A device used to replace a defective or missing part of the body. 

Qualified Individual with a Disability- A person with a disability that has satisfied the requisite skill, experience, education, and other job related requirements of the employment position such individuals holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. If the person cannot perform

the essential function, the person is not "qualified."

Reasonable Accommodation- An adjustment made in a system to “accommodate” or make fair the same system for an individual based on a proven need.

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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this definition. The work or

tasks performed by a service animal must be directly related to the individual’s disability. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

Tactile Interpreter- An interpreter used for those who are deaf and blind. Tactile interpreters use several different forms of sign language involving touch to communicate with a person who is deaf and blind.

Telecommunication Device for the Deaf (TDD)/ Teletypewriter (TTY) - A machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system, used by those with hearing impairments or are deaf.

Videophone- A telecommunication relay service that allows people with hearing or speech disabilities who use sign language to communicate with voice telephone users through video equipment.

PROCEDURE:

Routine and Emergency Interaction-

In providing routine and emergency detention services, equality in response, support, and protection is provided to all detainees including those with disabilities. Correctional Officers make every effort to access appropriate support organizations when reasonably available.

Correctional Officers are aware that people with disabilities have special needs that may have to be met in order to provide meaningful response to their call for service. Employees are sensitive to the fact that some people with disabilities may be targeted as crime victims as a direct result of their disability.

Correctional Officer’s response in such situations requires discretion and is based, in great part, on the correctional officer’s perception of characteristics and severity of the disability, the level of resistance, threat exhibited by the suspect, and immediacy of the situation.

Responsibility of Correctional Officers-

In providing detention services, we provide all rights, privileges, and access to programs for those with disabilities, that do not endanger the detainee, correctional officers, or others, or that cause an undue burden on scarce resources. 

People with disabilities, as with other criminal suspects, may be suspects or arrestees and require detention, transportation, and processing. Correctional officers confronted with an unfamiliar impairment should seek professional advice regarding the proper methods of transport, arrest, and detention of individuals with a disability. Often this requirement can be met by talking with the impaired arrestee/detainee, otherwise consider consulting with medical personnel. 

Employees should recognize the characteristics of various disabilities, including symptoms and physical reactions that may resemble individuals under the influence of alcohol or drugs. At times such traits may be exhibited by people with diabetes, epilepsy, multiple sclerosis, hearing impairments, and other disabilities. In such instances the appropriate responses may be to:

1. Seek the aid of a coworker who has knowledge and/or training in dealing with such issues;

2. Seek emergency medical aid;

3. Protect and/or calm the individual;

4. Use basic sign language or the written word; or

5. Locate and enlist support of family and/or friends.

Correctional Officers should use caution in applying restraints to a person with a physical or mental disability when conducting movement or transporting. This may include use of trained medical professionals. In all cases, correctional officers and others’ safety must prevail. No employee shall jeopardize his or her safety or that of others in an attempt to accommodate a

person with a disability. 

Detainee Housing-

Detainee with mobility and/or sensory impairments shall be housed in designated housing areas that are equipped to provide reasonable accommodations, i.e.; telephones, lower bunks, sinks, showers benches, toilets and assistive devices. Detainees requiring a lower bunk indicated by medical or ADA Coordinator shall be assigned to one in an expeditious manner.

Detainee with disabilities, including temporary disabilities, are housed and managed in a manner that provides for their safety and security according to their current classification. Housing used by detainees with disabilities, including temporary disabilities, is designed for their use and provides for integration with other detainees. Lack of speech or other speech impairment may make it difficult for an detainee to notify the detention center staff of an urgent need. Frequent cell checks should be conducted, or as a means of communication.

Accommodations-

Detainees with mobility impairments shall receive reasonable accommodations when they request them and as prescribed by the medical staff and ADA Coordinator. Initial decisions and ongoing evaluations regarding an detainee’s need for a mobility assistive device are made by the medical staff and ADA Coordinator. A Shift Commander who believes possession of a medical orthopedic or prosthetic appliance poses a security risk shall remove the appliance from the detainees cell and medical staff and ADA Coordinator shall examine the appliance within 12 hours of removal. The Shift Commander shall consider the following when determining if the appliance is to be returned to the detainee; medical staff’s and ADA Coordinator’s evaluation, detainee’s classification level and housing, and prior history of assaults towards staff or other detainees. The Chief Jail Administrator will be notified within 12 hours of the final determination. Prosthetics or assistive devices will be returned to the detainee within 24 hours if not determined to pose a security risk.

As soon as practical, detention center personnel shall provide thermal clothing and/or extra blankets to mobility impaired detainees who have been prescribed such items as a reasonable accommodation for their disability.

Detention Center personnel shall provide reasonable assistance to detainees with mobility and/or sensory impairments in the movement to and from attorney visits. Extra time shall be permitted to travel to detainee visiting and attorney and professional room visits.

Detainees in wheelchairs or other mobility assistive devices shall continue to be transported in accessible vans and safely secured during transport.

Access to Programs-

Unless detainees are restricted by medical personnel for medical reasons, by mental health personnel for mental health reasons, or by the Chief Jail Administrator (or their designee) for discipline, safety, or security reasons, custody personnel shall not exclude detainees with mobility and/or sensory impairments from regular scheduled recreation, programs, and activities. Custody personnel shall provide detainees with mobility and/or sensory impairments with reasonable assistance in movement to and from housing location, and accommodations while in custody including but not limited to recreation, activities and programs. Unless an detainee with mobility and/or sensory impairments is disqualified for medical, classification or disciplinary reasons they shall have the opportunity to be an detainee worker. Programs, services and activities offered to the general population of detainees are also accessible to detainees with disabilities.

Outdoor Recreation-

Recreational activities shall be available to all detainees with mobility and/or sensory impairments. Detainees shall have a minimum of (1) hour of activities each day when weather permits. Custody personnel shall allow mobility impaired detainees to travel outside housing areas for recreation activities with their prescribed assistive device(s) if any. In addition, custody personnel should allow extra time for detainees with mobility impairments to travel to and from their housing location. For record keeping purposes, the detainees’ recreation time begins when detainees arrive at the recreation location. Efforts shall be made to rotate the starting times of detainee recreational activities between housing locations to ensure fairness when possible.

Mobility Impairments:

Among the disabilities that are the most visibly identifiable are mobility impairments. People with mobility-related impairments include those who have difficulty walking, who use a wheelchair, or other mobility aid, and those who are immobile.

In a critical or emergency situation, correctional officers should use discretionary caution when moving a mobility-impaired person rapidly. Once an arrestee with mobility impairments is secure in a cell and safety concerns are resolved, an effort should be made to return use of any assistive device (wheel chair, cane, etc.).

As with other disabilities, a correctional officer should never assume that a mobility impaired detainee is not capable of inflicting serious injury or death to correctional officers or themselves. They may be handicapped; however, they are not mentally incompetent, and expect you to empathize with their overt condition. Correctional Officers are cautioned that persons with disabilities often rely on their disability to attempt to manipulate and control their environment. Staff members should not be lulled into an unsafe practice.

Mental, Emotional, & Psychological Disabilities:

The terms mental illness, emotional illness, and psychological illness, describe varying levels of mental disabilities causing disturbances in thinking, feeling, relating, and perception.

Employees shall assist detainees with mental, emotional, and psychological disabilities in accessing detainee services, when reasonably practical. Correctional officers take extra precautions, to use those restraints necessary to move the mentally impaired detainee safely, while protecting the correctional officers, and the arrestee from injury. Frequently, a family member or friend is of great value in calming an individual exhibiting unusual behavior, as a result of mental or emotional impairment. When security considerations permit, allow visitation or communications by telephones.

Visual Disabilities:

One issue facing people in need who are blind or vision impaired is identifying law enforcement officials. Employees should offer detailed information when identifying themselves. Knowing what to do is as important as knowing what not to do to assist a person who is vision impaired. Employees do not need to raise their voice when speaking. Employees should not grab the persons arm to lead him/her in a particular direction. Simply describe potential obstacles or ask if they need guided assistance.

In the detention center environment, signs and printed information within the facilities should be in large print in order to assist people with vision impairments. In secure areas, visually and hearing impaired person should be escorted by the correctional officers in charge.

Speech and Hearing Disabilities-

Like other invisible disabilities, correctional officers may confuse the behavior of individuals with hearing and speech disabilities with those of people who intentionally refuse to cooperate or those who abuse illegal substances. Correctional officers must be aware that an detainee’s failure to comply with or respond to verbal orders does not always constitute resistance, but may be the result of that individual’s inability to hear the correctional officer or respond verbally. Before committing to a course of action, correctional officers should attempt to determine if they are dealing with a communication-related disability. 

Correctional officers take extra measures to protect the rights of suspects who are deaf and hard of hearing, as well as others who may not have educational or communications comprehension levels sufficient to fully understand the basic Constitutional Rights: Simply reading the rights to someone with a hearing disability and having the individual acknowledge that they understood is insufficient.

Intellectual Disability:

Intellectual Disability encompasses a broad range of developmental disabilities from mild to profound. Intellectual Disability and mental illness are distinct conditions, with no similarity. The largest percentages of detainees with intellectual disabilities are in the ranges termed mild or moderate. Correctional officers should recognize that people who are intellectually disabled have varied degrees of intellectual function. 

Ask short questions, be patient when waiting for answers, repeat questions, and answers, have individuals repeat question in their own words, and provide continual reassurance. In responding to the needs of people with severe or profound mental retardation, the aid of family, friends, neighbors and professionals is invaluable.

Invisible Disabilities

Some disabilities are difficult to detect. A correctional officer’s inability to recognize characteristics associated with certain invisible disabilities could have serious consequences. For example, outward signs of a disability such as epilepsy generally do not exist unless the person with the disability experiences a seizure. People with diabetes may have reactions

from either too little or too much insulin. Low blood sugar reactions are common and are usually treated by ingesting sugar. Detaining someone and preventing them from accessing required medication or substances could have serious health implications for the individual and liability consequences for the correctional officer and the facility.

Realize that involuntary behavior associated with some invisible disabilities may resemble behavior characteristically exhibited by intoxicated or, less frequently, combative individuals. For example, a person experiencing a mild seizure may appear incoherent and physically imbalanced. The response is temporary.

A correctional officer’s patience and understanding of the characteristics commonly associated with invisible disabilities will increase the likelihood of a successful outcome. An inaccurate assessment may lead to unnecessary confrontation, injury, and denial of needed medication and/or medical treatment.

As with all encounters, a correctional officer’s second obligation, after protecting himself and others, is to protect the individual detainee from unnecessary harm. When aiding a person experiencing a seizure, protection from obstacles, a calm reassuring manner, and patience are important responses. Medical assistance should be sought to provide information and assistance. Their presence may prove invaluable in understanding the needs of the detainee with the disability and guiding the correctional officer’s actions.

Auxiliary Aids and Services:

The Randolph County Detention Center shall provide auxiliary aids and/or services when appropriate or necessary to reasonably ensure adequate communication for persons with hearing, vision and/or speech disabilities.

Auxiliary aids and services may include:

1. Qualified interpreters, note takers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, telecommunications devices for hearing impaired persons (TDD’s), video-text displays or other effective methods of making orally delivered materials available.

2. Qualified readers, taped texts, audio recording, large print materials or other effective methods of making visually delivered material available to individuals with visual impairments.

Auxiliary aids and services may be any aids or services which may be required to provide effective communications to impaired persons including:

1. Access to visiting, mail and telephone communication.

2. Adequate defense of disciplinary actions.

3. Level of communication sufficient to ensure reasonable access to:

1. Constitutionally or statutorily required service programs.

2. Other programs or services provided by the facility.

The Randolph County Detention Center is not required to take any actions which it can demonstrate would result in a fundamental alteration in the nature of the service, program or activity; or cause an undue financial burden; or cause a direct threat to the safety, security, order, discipline or other legitimate interest of the facility. Auxiliary Aids are required, except where providing such auxiliary aids would constitute an undue hardship. In determining whether an "undue hardship" would result, ADA requires officials to consider:

1. The nature and cost of the accommodation needed under this chapter;

2. The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;

3. The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and 

4. The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.

Compliance Management:

The Randolph County Sheriff’s Office shall be proactive in efforts to meet the requirements of the ADA. The detention center shall evaluate its current services, policies and practices to achieve and maintain compliance with ADA. The detention center shall ensure that a complaint-resolution process will be implemented and maintained to receive, review and resolve ADA-related complaints. The Sheriff or his/her designee shall assign a correctional officer to the position of ADA Coordinator.

ADA Coordinator:

The ADA Coordinator shall be assigned to coordinate facility efforts to comply with and carry out its responsibilities under the ADA. The ADA Coordinator shall be responsible for the self-evaluation process, implementation of the ADA plan and investigation of complaints alleging noncompliance or any prohibited actions. The ADA Coordinator’s name, business and phone/ address shall be published, posted, and made available to any interested person. 

The ADA Coordinator shall identify barriers which prevent persons with disabilities from effective communication or access to services. When barriers are identified, the ADA Coordinator shall determine:

1. Whether the barrier constitutes unlawful obstructing to access and/or communication.

2. Whether the removal of the barrier is readily achievable.

3. What action should be taken to ensure compliance with the requirements of ADA?

Self-Evaluation:

The Randolph County Detention Center shall evaluate its current services, policies and practices yearly to ensure that the requirements of the ADA are met. To the extent modifications of any such service, policies and practices is required, the Randolph County Detention Center should proceed to make the necessary modifications.

The self-evaluation should allow interested persons, including individuals with disabilities or organizations representing individuals with disabilities to participate in the self-evaluation by submitting comments.

Following the self-evaluation the Chief Jail Administrator shall:

1. Assign the preparation of a plan for making any required modification of policies, practices of the facility.

2. Present and finalize the plan consistent with direction from the Randolph County Attorney.

3. Initiate implementation of the plan.

If exceptions to the barrier removal requirements are claimed, compliance with ADA can ordinarily be achieved by:

1. Identifying the claimed exception.

2. Providing the rationale for requiring the exception.

3. Obtaining the review and approval of the Randolph County Attorneys.

ADA Related Complaints

Receiving Complaints:

• Any staff member may receive complaints from all contractors, volunteers, visitors, detainees and any person with legitimate business at the facility.

• Any supervisor may receive complaints from detention staff.

• Detainee complaints are required to be received through the detainee grievance system on the kiosk. Complaints from others should be received in writing.

• In some instances the resolution of the problem may only require a simple action by a staff member. Under such circumstances, requiring a written complaint before acting may be counter-productive. This type of resolution shall be documented in an incident report.

Reviewing and Responding to Complaints:

1. If a complaint is received in person at the facility, the member receiving the complaint should immediately notify the ADA Coordinator for proper processing and handling.

2. If the ADA Coordinator is not immediately available, the member should evaluate the complaint to determine if it can be resolved in a simple and timely manner with available resources.

3. If the complaint is of a type which the staff member receiving the complaint can resolve, the member should: 

1. Take the necessary action to resolve the problem.

2. Submit an incident report to the ADA Coordinator to notify him/her of the action taken and allow the coordinator to determine if additional follow up is required.

4. If the complaint cannot be immediately resolved by the staff member, the staff member shall: 

1. If the ADA Coordinator is available, summon him/her to handle the complaint.

2. If the ADA Coordinator is not available the correctional officer receiving the complaint should notify the complainant that the matter will be referred to the ADA Coordinator for follow up, by submitting the complaint in writing to ensure complete information is available which the ADA Coordinator can use to

initiate a resolution.

5. If the complaint is received by telephone the staff member shall:

1. Request the complainant to submit a written report detailing the nature of the complaint.

2. Document further information concerning the complaint as provided during the telephone discussion including but not limited to the complainant’s name, telephone number, address and the nature of the complaint.

3. Refer the matter along with available information to the ADA Coordinator.

6. If the complaint is received by mail, the correspondence shall be forwarded to the ADA Coordinator for follow up.

1. Follow Up by ADA Coordinator

1. The ADA Coordinator shall follow up on complaints by making contact with the complainant; resolving the complaint by remedying with appropriate action; or determining that modification or accommodation is not possible for reasons which are consistent with the provisions of the ADA.

2. If the complaint is resolved to the satisfaction of the complainant, the ADA Coordinator should provide notification in writing to the complainant and to the Chief Jail Administrator of the action taken.

3. If the complaint is resolved in a manner which does not fully satisfy the demands of the complainant, the ADA Coordinator should provide written notification to the complainant of the decision, the reasons for the decision, and the right of the complainant to challenge the decision to the Chief Jail Administrator. The Chief Jail Administrator should be provided a copy of the notice submitted to the complainant.

2. Challenges to ADA Coordinator’s Decision

1. An detainee may challenge the ADA Coordinator’s decision by submitting their challenge to the ruling by using the grievance appeal system on the kiosk. Appeals from others are required to be in writing. The reason for challenging the ruling must be included in any appeal.

2. If the Chief Jail Administrator affirms the ADA Coordinator’s decision, he/she shall provide written notice of the affirmation of the ruling to the complainant, ADA Coordinator and the Sheriff.

3. If the Chief Jail Administrator overturns the ADA Coordinator’s decision and grants the complainant’s demands, he/she shall provide written notice to the complainant, the ADA Coordinator and order the necessary actions to remedy the problem.

Good Faith Efforts-

The Randolph County Detention Center is not required to take any actions which it can demonstrate would result in a fundamental alteration in the nature of the service, program or activity; or cause an undue financial burden; or cause a direct threat to the safety, security, order, discipline or other legitimate interest of the facility. However, the Randolph County Detention Center shall make every attempt possible to accommodate those persons that are protected by ADA.