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ADA INMATES D-140 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES EFFECTIVE DATE: 03-01-99 REVISED: 07-01-99, 09-24-14, 11-02-16 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Americans with Disabilities Act of 1990 (ADA) [42 USC 12101 et seq.]. 2010 ADA Standards for Accessible Design (ADA Title II Regulations; 28 CFR part 35); Penal Code Sections 2656 and 6030; Evidence Code Section 754; California Code of Regulations, Title 15, Sections 1061 and 1206; United States Postal Service, Domestic Mail Manual #703 and Hall, et al. v. County of Fresno, 1:11-CV-02047-LJO-BAM (2015). PURPOSE: The purpose of this policy is to establish standard and consistent procedures by which an inmate with a disability is identified, assessed, and provided appropriate reasonable accommodations in compliance with Title II of the Americans with Disabilities Act (ADA). POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division to ensure that all qualified inmates with disabilities are afforded equal access to programs, services and activities. Some inmates with disabilities may need a reasonable accommodation to access the facilities, programs, services, or activities. The Jail Division will make reasonable accommodations or modifications to existing policies and procedures, consistent with legitimate penological interests, in order to allow qualified inmates with disabilities the same access to programs and facilities as non-disabled inmates, unless doing so would be an undue burden to the Sheriff's Office, cause a fundamental alteration to a program, or pose a direct threat of substantial harm to the health and safety of the individual or others. It is the policy of the Fresno County Sheriff's Office Jail Division to ensure that procedures are in place for inmates with disabilities to request reasonable accommodations and to formally complain about unlawful treatment regarding Title II of the Americans with Disabilities Act. Page 1 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES PROCEDURES: I. DEFINITIONS AMERICANS WITH DISABILITIES ACT (ADA) — The act which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government, services, and telecommunications. AssISTIVE DEVICE—any device that is designed, made, or adapted to assist a person to perform a particular task (e.g., canes, crutches, walkers, wheelchairs, shower chairs). AUXILIARY AIDS AND SERVICES — includes qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services;written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing. DISABILITY — the term means, with respect to an individual - A. A physical or mental impairment that substantially limits one or more of the major life activities of such individual; B. A record of such an impairment; or C. Being regarded as having such an impairment. Refer to Addendum A for further explanation of the terms used to define disability. MAJOR LIFE ACTIVITY- Includes, but is not limited to, functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. ORTHOPEDIC APPLIANCE—a device used to support, align, prevent, or correct deformities or to improve the function of the movable parts of the body (e.g., support braces, orthopedic shoes). (The appliance must be prescribed or recommended and fitted by a physician to be subject to the rules delineated in Penal Code Section 2656 and addressed in Section XII of this policy.) Page 2 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES PROSTHETIC APPLIANCE—a device used to replace a defective or missing part of the body (e.g., artificial limbs). REASONABLE ACCOMMODATION—any change or adjustment to an environment that permits a qualified person with a known disability to participate in a job, or to enjoy benefits and privileges of programs or services as an equal to everyone without a disability. SERVICE ANIMAL — any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. Service animals are working animals, not pets. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. UNDUE HARDSHIP — means that the requested accommodation could not be provided without significant difficulty or expense or it fundamentally alters the nature or operation of the institution or program. II. COMPLIANCE WITH ADA A. The Fresno County Sheriff's Office will not discriminate against inmates or members of the public on the basis of disability in providing access to its detention facilities, programs, services and activities. 1. The Americans with Disabilities Act Inmate Notice will be prominently posted in all inmate housing units. 2. The Americans with Disabilities Act Public Notice will be prominently posted at the public entrances of all Jail facilities. B. Persons with a disability are entitled to an equal opportunity to participate in programs, services, or activities offered by the Fresno County Sheriff's Office. C. The Sheriff's Office may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, those requirements must be based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities. Page 3 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES III. IDENTIFICATION OF DISABLED INMATES - AT INTAKE A. The medical screening process during intake serves to identify most disabilities and the need for accommodations prior to the housing of the inmate. B. It is the responsibility of booking and medical staff to assess inmates upon admission for evidence of a disability or special management need. This assessment information will be recorded on the Health Screening form and on the Inmate Disability Evaluation Form (ADA 1), as applicable. In addition to self-reporting- 1. Information may be garnered from the inmate's prior custody or medical records. 2. Custody or medical staff may observe and report a disability that would: a. Impact the inmate's housing; b. Affect the inmate's program access; or c. Present a safety or security concern for the inmate or others. C. Medical staff shall make available all information needed to make adequate housing decisions. Medical staff shall be responsible to- 1. Initiate and sign an Inmate Disability Evaluation Form. The form shall indicate the inmate's functional limitations and restrictions, including but not limited to the need for: an accessible shower and toilet; ground floor housing; level terrain; no stairs in the path of travel; and any assistive devices (including a description and the conditions in which they are to be used). 2. When an inmate self-reports that they have a disability, the form shall be forwarded within one (1) hour from the time of completion to the Population Management Unit. D. A designated officer will be assigned to assist any obviously disabled inmate in the booking area. Page 4 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES IV. POPULATION MANAGEMENT AND INMATE HOUSING A. Staff assigned to the Population Management Unit are responsible to ensure that inmates with disabilities are housed in the most integrated setting appropriate to the needs of the individuals. Unless it is appropriate to make an exception, Population Management staff shall not place inmates with disabilities- 1. In inappropriate security classifications because no accessible cells or beds are available. 2. In housing locations that do not offer the same services, programs, and activities as the location where they would otherwise be housed. 3. In medical Outpatient Housing Units (OHU) unless they are receiving medical care or treatment, or there is no other housing location where they can be reasonably accommodated. Inmates with disabilities who are housed in the OHU because they cannot be reasonably accommodated in other locations shall receive equal access to services, programs and activities. B. Population Management staff shall review all Inmate Disability Evaluation Forms and: 1. Make appropriate notations on the inmate's "Class Comment" log based upon the inmate's individual housing needs. 2. Ensure the inmate is assigned to appropriate housing, or make necessary moves to ensure the inmate's housing is appropriate based upon their needs. 3. Make appropriate notations on the Inmate Disability Evaluation Form; sign and forward the form to the ADA Coordinator for ADA compliance review. C. All qualified inmates are eligible for job assignments. This includes inmates with disabilities, who, with or without reasonable accommodation, can perform the essential function of the work assignment. Population Management staff, incoordination with the ADA Coordinator, shall ensure necessary, reasonable accommodations are made to allow inmates with disabilities equal access to work assignments. Page 5 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES V. ADA COORDINATOR The ADA Coordinator has the responsibility to assure compliance with the American Disabilities Act. As such, the ADA Coordinator or their designee shall be responsible to: A. Review the Inmate Disability Evaluation Forms and ensure that inmates are housed appropriately. 1. Scan and save the completed Inmate Disability Evaluation Form into each inmate's file in OffenderTrak (Reports/Person Documents/File Attachments/ADA File Attachments). 2. Create "ADA" ALERTs in OffenderTrak. Make appropriate notations in the Remark section, and include any functional limitations or restrictions, based upon the inmate's particular disability. Separate ALERTs shall be created for each restriction. B. Initiate contact with the disabled inmate within seven (7)calendar days of receiving the ADA paperwork, and complete an ADA Initial Assessment Form (ADA 2). If necessary, ensure that the court is notified of any accommodations needed. C. Notify Offender Programs staff when a disabled inmate requires an accommodation to access program services and/or special education. D. Perform a follow-up review every thirty (30) calendar days to ensure that the inmate has equal opportunity to participate in programs, services,and activities and to discuss any issues the inmate may have regarding their treatment. The review is documented on an ADA 30 Day Review Form (ADA 3). 1. The ADA Coordinator and inmate may agree to suspend monthly follow-ups if there is no change in the inmate's status. 2. If the inmate needs to contact the ADA Coordinator after suspending follow-up visits, the inmate can do so via an Inmate Request Form. E. Receive and investigate disability accommodation requests, arranging special requests for reasonable accommodations. F. Review all ADA-related complaints and grievances (including those that are resolved in the unit by housing staff), assign an ADA-trained officerto investigate the complaints and provide substantive responses. Page 6 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES G. Confer with medical staff each month to review whether accommodations continue to be appropriate and necessary. VI. IDENTIFYING DISABILITIES — SUBSEQUENT TO BOOKING A. For those inmates with disabilities who were not identified at intake booking or processing, there are Americans with Disabilities Act Notices posted in alternative formats (i.e., large print) in the housing units that inform inmates how to obtain information regarding an ADA issue or how to request accommodation. Additional information regarding the Americans with Disabilities Act, how to request reasonable accommodations, and how to submit a complaint can be found in the Inmate Orientation Handbook. B. Staff may initiate an Inmate Disability Evaluation Form (ADA-1) at any time, for any inmate that they feel has a disability, based upon personal observation of the inmate, an oral statement by the inmate, or a written request by the inmate. The form shall be forwarded to the ADA Coordinator and as appropriate, referred to medical for review. C. Prior to initiating an Inmate Disability Evaluation Form, staff should: 1. Review the inmate's ALERTs to determine if the inmate has already been identified as disabled. 2. Review the definitions for "disability" and "major life activity" found in Section I. In order to be viewed as a disability under the ADA, an impairment must substantially limit one or more major life activities. VI I. PROGRAM ACCESS The programs and services offered within the Fresno County Detention Facilities shall be accessible to all inmates. Provisions shall be made by the Offender Programs Manager to ensure that all services, programs and activities are readily accessible to, and usable by, individuals with disabilities. A. EXERCISE AND RECREATION - all inmates shall be afforded the opportunity to participate in a minimum of three (3) hours of scheduled exercise and/or recreation per week. The exercise and recreation facilities shall be constructed to accommodate access to all physically disabled inmates. Page 7 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES B. EDUCATION - The Fresno County Office of Education provides all educational services within the Fresno County Detention Facilities. The Offender Programs Manager will be responsible to contact the Office of Education and make arrangements to accommodate any special needs. C. LIBRARY SERVICE 1. An audio headset and assortment of audio recordings are available from the Offender Programs Unit. A designated Offender Programs Unit staff member shall provide the inmate with the audio equipment, inform them of the resources available and explain the Inmate Request Form process by which the inmate can access the resources. 2. The Fresno County Talking Book Library for the Blind will lend books and magazines in Braille and in audio/digital format to persons who are blind, visually impaired, or have physical disabilities preventing the reading of standard print. To obtain any of the available materials,the inmate must first be registered with the National Library Service for the Blind and Physically Handicapped (NLS). The inmate needs to complete and submit an application to the Fresno County Library prior to use (600-3217). a. To obtain an application, the inmate must submit an Inmate Request Form to the Offender Programs Unit. A designated Programs staff member will assist in completing the form, providing certification and returning the application to the Library. b. The Library will mail reading materials and/or playback equipment, along with a catalog of available titles to the inmate, free of charge. A free-return label is included in the package. The package shall be routed to the Offender Programs Unit, who will ensure distribution of the materials. D. SERVICE PROGRAMS 1. Eligibility requirements shall not be imposed that eliminate or tend to eliminate inmates with disabilities, unless it can be shown that such requirements are necessary for the provision of the service. 2. Inmates who volunteer for, or are required to participate in, the drug education course and who experience learning or developmental disabilities must be provided a reasonable accommodation toward completion of the course, including an alternate means of testing. 3. All program offerings shall be located in areas that are architecturally Page 8 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES accessible to the disabled. 4. Sign language interpreters are available for all program services and can be arranged by contacting the Deaf and Hard of Hearing Service Center at (559) 225-3323. a. The Watch Commanders and Offender Programs Unit shall maintain a list of qualified sign language interpreters who can be utilized in time of need. Temporary clearance can be granted by the Watch Commander on an as-needed basis. b. All expenses incurred from the utilization of interpreters shall be submitted for payment through the Inmate Welfare Fund (IWF). If the IWF is exhausted, the Sheriff's Office shall be responsible for interpreter expenses. Vill. AUXILIARY AIDS FOR INDIVIDUALS WITH HEARING IMPAIRMENTS A. The type of auxiliary aid or service necessary to ensure effective communication will vary depending on the length and complexity of the communication involved. In routine matters, the exchange of written notes may be sufficient. However, when communication is more complex, extensive, or significant (e.g., during classes, counseling sessions, or disciplinary hearings in which the inmate may lose privileges), the use of a UbiDuo real-time split-screen communication device or a qualified sign language interpreter may be required. B. There are two UbiDuo communication devices available, which are maintained in the Population Management Office. IX. TELECOMMUNICATIONS DEVICE FOR THE DEAF (TDD machine) A. A TDD machine is available for use by hearing-impaired inmates (or to call others who are hearing impaired). Due to the misuse of the TDD access lines, the 800-numbers have been blocked on the housing floors. To gain access to the system: 1. The inmate will need to submit an Inmate Request Form. a. If the inmate will not be using the TDD machine, but instead will be calling another person who has a TDD machine, they must include Page 9 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES the telephone number that they want to call, so that it may be verified. b. If the inmate submitting the request is hearing impaired and will be the person utilizing the TDD, that information shall be included on the request. 2. The Inmate Request Form shall be forwarded to the Services Unit. 3. The Services Unit will contact the telephone service provider. 4. After the telephone service provider has verified that the number is in fact a number with a TDD, they will make the access lines available within twenty-four (24) hours from time of notification (excluding weekends and holidays). 5. Pending the availability of access to the TDD in the housing unit, the housing security officer will need to ensure the inmate is able to utilize the TDD system by making arrangements and coordinating with the Booking I Officer. The inmate may utilize the TDD in either the Population Management or Booking Sergeant's office. B. All devices provided for the use of hearing impaired inmates may also be used to accommodate the communication needs of individuals unable to speak, or those with severe speech impairments. C. Refer to Addendum B for TDD instruction and access numbers. X. INABILITY TO READ OR WRITE A. The ADA Coordinator will coordinate with Offender Programs staff to ensure reasonable accommodations are made for inmates who are illiterate or who are physically incapable of reading or writing, which may include, but is not limited to, enlarged print materials, identification of desired materials, and assistance in reading and scribing forms. B. All staff members shall assist inmates who have language, physical, or competency and capacity barriers when there is an obvious need, or when requested to do so (e.g., assist in completing Inmate Request Forms, grievances, and medical requests). C. Procedural changes that affect the inmates are routinely conveyed via electronic messages on the television screens. To ensure that all Page 10 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES inmates are notified and aware (including inmates in administrative segregation lockdown cells), the housing security officers shall ensure that an announcement that conveys the new information is made during the morning meal. XI. MAIL - FREE MATTER FOR THE BLIND Items may be mailed free of postage if mailed by, or for the use of, blind or other persons who cannot read or use conventionally printed materials due to a physical handicap. A. Only letters in Braille or in 14-point or larger sight-saving type may be mailed free, and only if unsealed (U.S. Postal regulation 703.5.3.1). B. Letters that are handwritten (or printed or typed in a type size smaller than 14 points) may not be sent free. These letters must bear the full applicable postage. C. Qualifying mail shall be marked "Free Matter for the Blind or Handicapped" in the upper right corner of the address side (where a stamp would normally be placed). D. Letters prepared by sighted individuals, to be sent to a blind or other physically handicapped person, may not be sent free and must bear the full applicable postage. XII. COMPLAINTS AND GRIEVANCES Inmates with disabilities may complete an Inmate Grievance Form(J-105)to contest any disability-based discrimination or violations of the ADA. The ADA Coordinator shall ensure that a prompt and equitable resolution is provided to each issue raised. (Refer also to Policy and Procedure Section E-140/Inmate Grievance Procedure [FILE: GRIEVANCE].) XIII. PROSTHETIC/ORTHOPEDIC APPLIANCES AND ASSISTIVE DEVICES A. Inmates shall be allowed to retain possession of their orthopedic/ prosthetic appliance and/or assistive device, or shall be provided with a jail-issued equivalent device, so long as it does not constitute an immediate risk of bodily harm or threaten the security of the facility, unless a jail physician documents that the device is not medically necessary or reasonable to allow equal access to jail programs, services, Page 11 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES or activities. B. If an inmate does not have an appliance/device and is in need of one, Medical staff will- 1. Evaluate the need and either approve or deny the request. 2. Provide the inmate with crutches, walker, or device, as indicated. 3. Coordinate arrangements with the ADA Coordinator to obtain/provide the appliance/device prescribed by a jail physician as soon as reasonably practical, so long as the device does not constitute an immediate risk of bodily harm to inmates or staff, or threatens the security of the facility. C. If there is probable cause to believe an inmate's possession of an appliance or device constitutes an immediate risk of bodily harm to any person in the facility or threatens the security of the facility, the Watch Commander shall direct the removal of the appliance/device and the removal shall be documented in an Incident Report. 1. Any appliance/ device which is confiscated shall be placed in the inmate's bulk property. 2. The Watch Commander shall ensure that the ADA Coordinator is notified. ADA correctional staff shall consult with medical staff to determine an appropriate alternative accommodation that shall be provided. 3. Assistive devices shall not be confiscated if another inmate is the source of the security threat. D. Whenever an appliance/device is removed, the inmate shall be examined by a physician within 24 hours of the removal. If the examining physician determines that removal is orwill be injurious to the health or safetyofthe inmate, the physician shall inform the inmate and the Watch Commander. Upon receipt of the physician's opinion, the Watch Commander shall either return the appliance/device to the inmate or refuse to return such appliance/device. E. If an appliance/device is not returned, the Watch Commander shall: Page 12 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES 1. Advise the reviewing physician and the inmate and specify the reason for the refusal. 2. Provide the inmate with a completed Petition for Return of an Orthopedic or Prosthetic Appliance form (Addendum C). 3. Document the reason the appliance/device was not returned in a supplemental Incident Report. 4. Notify the ADA Coordinator, the ADA Manager, and the Jail Programs & Services Bureau Commander. F. Upon petition by an inmate, the court shall either order the confiscated appliance returned to the inmate or within two (2)judicial days after the petition is filed, receive evidence relevant to the granting or denial of the petition. XIV. RESTRAINTS A. Inmates who have a disability that prevents application of restraint equipment in the prescribed manner shall be afforded reasonable accommodation under the direction of the supervisor in charge. B. When restraints are necessary, they shall be applied to ensure effective application while reasonably accommodating the inmate's disability. 1. ALERTs may be utilized to make staff aware of required accommodations that may not otherwise be obvious (e.g., use of a gait belt while ambulating). 2. Any question or clarification needed regarding required accommodations should be directed to the ADA Coordinator. XV. SEARCHES Inmates who have a disability that prevents the employment of standard search methods shall be afforded reasonable accommodation under the direction of the supervisor in charge. Such searches shall be thorough and professional, with safety and security being the paramount concern. Any question regarding required accommodations should be directed to the ADA Coordinator. XVI. FACILITY VISITORS Page 13 of 14 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATES WITH DISABILITIES NO: D-140 FILE: ADA INMATES A. Medical and disability-related assistive devices needed by visitors are permitted inside the Jail facilities, however, they are subject to inspection and search. Visitors who will require reasonable accommodation will be asked to notify the ADA Coordinator or on-duty Watch Commander of their needs prior to visiting. Visitors using assistance devices will be provided reasonable accommodation to comply with all security measures. They may be screened using alternative security devices, including use of a hand-held metal detector. B. Service animals may accompany a visitor into the facility during their visit. 1. Visitors may be asked two questions: (1) is the dog a service animal required because of a disability, and (2)what work or task has the dog been trained to perform. Staff cannot ask about the person's disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. 2. A visitor with a disability cannot be asked to remove their service animal unless: a. The animal is out of control and the animal's owner does not take effective action to control the animal. b. The animal is not housebroken. 3. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means). Page 14 of 14