Any Americans with Disabilities Act (ADA) paraplegic or quadriplegic inmates arriving at any custody facility with a custom-fitted wheelchair shall not be deprived of the possession or use of their personal wheelchair.
Custody personnel shall ensure the inmate and wheelchair are promptly escorted to a Correctional Health Services (CHS) medical provider for evaluation after the intake medical screening. The inmate's Arrestee Medical Screening Form (SH-R-422) shall also be provided to the medical provider for completion. At the conclusion of the medical evaluation, custody personnel shall relay CHS personnel's findings to the facility watch commander, and also provide the watch commander with the completed Arrestee Medical Screening Form (SH-R-422). The watch commander shall complete the Arrestee Medical Appliance Clearance Record (SH-R-423) and make a determination as to whether the inmate will be allowed to keep their personal wheelchair or whether a county issued alternative will be authorized.
As outlined in Custody Division Manual (CDM) section 5-03/080.00, "Handling of Medical Appliances," the Arrestee Medical Appliance Clearance Record (SH-R-423) shall be completed within sixteen (16) hours of the initiation of the form. A Personal Wheelchair Waiver Form shall also be provided for the inmate to complete. Copies of the completed Personal Wheelchair Waiver Form, along with a notification to the "ADA Compliance-Custody" e-mail group shall also be made, noting that an inmate possessing a custom-fitted wheelchair is in our custody, within two (2) business days.
If there is reason to believe that allowing a paraplegic or quadriplegic inmate to retain their custom-fitted wheelchair poses a greater risk to facility safety and security than the need for allowing an inmate to navigate their surroundings independently, the wheelchair shall be removed and the watch commander shall be notified immediately. If after conference with the watch commander, it is determined the wheelchair shall be withheld, the inmate shall be escorted for examination by a CHS medical provider as soon as practicable. The final determination related to the withholding of the wheelchair shall be made by the watch commander within twenty-four (24) hours of the removal. The removal of the wheelchair and reason for removal shall be documented in the Watch Commander's Log and an electronic notification made to the "ADA Compliance-Custody" e-mail group. The custom-fitted wheelchair shall be booked into the inmate's property.
During the evaluation period, the paraplegic or quadriplegic inmate shall be placed in a suitable county-issued wheelchair or gurney, in an area where custody personnel are able to maintain unobstructed visual observation of him/her. The inmate shall be escorted at all times by custody personnel when leaving their assigned location. Additionally, custody personnel shall routinely inquire whether the inmate requires assistance. If yes, custody personnel shall provide assistance, or supervise inmate workers in assisting the inmate obtain food/water or reaching a restroom area.
Any wheelchair found to have been altered from its original form or purpose to pose a safety hazard, or whose prescription has been rescinded as determined by CHS, shall be considered contraband (refer to CDM section 5-07/010.00, "Contraband Defined"). The altered wheelchair shall be removed from the inmate, and released to a designated person in accordance with section 5-07/020.00, "Contraband Disposal." In addition, personnel may remove any wheelchair found to be used by the inmate in a manner that poses a safety risk to other inmates or the security of the facility, and shall ensure the watch commander is immediately notified. Upon the removal of a wheelchair, a new Arrestee Medical Appliance Clearance Record (SH-R-423) shall be completed. The removal of the wheelchair and reason for removal shall be documented in the Watch Commander's Log. Custody personnel shall promptly expedite the inmate to CHS for evaluation. The final determination related to the withholding of the wheelchair shall be made by the watch commander within twenty-four (24) hours of the removal.
If it comes to the attention of custody personnel that a paraplegic or quadriplegic inmate was not booked with their custom-fitted wheelchair, or the wheelchair was withheld at some point during their arrest or incarceration, the inmate shall be directed to submit an Inmate Request Form (SH-J-437) or Inmate Grievance Form (SH-J-420). The request for the items shall be handled in accordance with CDM section, 8-03/030.00 "ADA-Related Requests and Grievances." Retrieval of the items shall be handled as outlined in the Access to Care Bureau (ACB) unit orders relating to the retrieval of medical appliances.
Any facility allowing a paraplegic or quadriplegic inmate to retain their custom-fitted wheelchair shall advise the inmate of their personal responsibility in maintaining the item. If an inmate's custom-fitted wheelchair requires maintenance, they will be required to submit an Inmate Request Form (SH-J-437) stating their need for a repair. The concerned facility's ADA coordinator will then meet with the inmate, obtain the contact information of a designee, and schedule a date/time of when the wheelchair can be retrieved by the designee. While the wheelchair is being serviced, the inmate will be provided with a suitable county-issued wheelchair or gurney.