Number 08-05
REVISED: 06/22/2010
Effective November 1, 2008
HANDLING INMATES THAT ARE DEAF OR HARD OF HEARING
PURPOSE
The purpose of this directive is to provide direction to Court Services personnel on how to
interact with deaf or hard of hearing persons and how to properly identify deaf or hard of
hearing inmates scheduled to appear in court.
DEFINITIONS - EFFECTIVE COMMUNICATION:
The general Effective Communication requirement under the Title II of the Americans with
Disabilities (ADA) Act requires all state and local governments, law enforcement agencies
included, take steps to ensure that their communications with people with disabilities are
as effective as communications with others. Additionally, government entities are required
to make appropriate auxiliary aids and services available to ensure effective
communication with people who are deaf or hard of hearing. These include a wide range
of services and equipment such as: written materials in alternate format, note takers,
teletypewriters (TTYs), assistive listening devices (ALDs), and qualified sign language
interpreters.
BACKGROUND
A lawsuit was filed by Mr. Humberto Suarez, a deaf inmate, against the Los Angeles
County Superior Court and the Los Angeles County Sheriff’s Department. Mr. Suarez
alleged that he was not provided a qualified sign language interpreter to ensure effective
communication which led to his eight day incarceration. As a result, the 9th Circuit Court
of Appeals recommended that the Department establish protocol to ensure effective
communication is provided pursuant to Title II of the American’s with Disabilities (ADA)
Act and to minimize the risk in a similar event.
DEAF OR HARD OF HEARING INMATES FROM CUSTODY FACILITIES
Inmates classified as deaf or hard of hearing are housed in a designated module at TTCF
and CRDF and are issued a jail uniform consisting of an orange shirt and dark blue pants
in accordance with CDM 5-01/015.00. In addition, the deaf or hard of hearing inmates are
issued a green wristband (CDM 5-01/030.00) that displays the letter “D”, indicating the
inmate is deaf or hard of hearing.
Lockup personnel shall utilize the Special Handling Court list to identify the deaf or hard of
hearing inmates scheduled to appear in court that day. Lockup personnel, upon identifying
this class of inmates, shall ensure they are placed in a holding cell designated for deaf or
hard of hearing inmates.
Deputy personnel shall immediately make contact with the inmate to determine if a
qualified sign language interpreter or other assistive listening device(s) will be needed.
Deputy personnel shall notify a supervisor and the Court Clerk in the respective
courtroom, of the deaf or hard of hearing inmate’s court appearance and whether a
qualified sign language interpreter or other assistive listening device(s) will be required.
HANDLING NEW BOOKINGS
When lockup personnel receives new bookings who are deaf or hard of hearing, lockup
personnel shall complete a special handling card and ensure the inmate is placed in a
holding cell designated for deaf or hard of hearing inmates. Lockup personnel shall notify
a supervisor and the Court Clerk in the respective courtroom, of the deaf or hard of
hearing inmate’s court appearance and whether a qualified sign language interpreter or
other assistive listening device(s) will be required.
HANDLING REMANDS
When a deaf or hard of hearing inmate is remanded in court, the bailiff must complete a
special handling card and ensure the inmate is placed in a holding cell designated for deaf
or hard of hearing inmates. It is the bailiff’s responsibility to ensure the special handling
card is given to lockup personnel.
SPECIAL HANDLING TRANSPORTATION FROM COURT
When an inmate who is deaf or hard of hearing is returning to a custody facility, the
inmate shall be transported by Transportation Bureau to either the Inmate Reception
Center or the Century Regional Detention Facility. Custody Division personnel shall then
ensure that the inmate is returned to their appropriate housing facility.
When an inmate (new booking) or court remand that is deaf or hard of hearing is being
transported to a custody facility, the completed special handling card shall be given to
deputies from Transportation Bureau. The inmate shall be transported to either the
Inmate Reception Center or the Century Regional Detention Facility where the inmate will
be processed, medically screened, classified, and housed in the appropriate location by
Correctional/Custody Division personnel.
TELETYPEWRITER (TTY) USAGE
Title II of the ADA requires that auxiliary aids or devices be provided to ensure effective
communication and equal access to programs and services is provided. Therefore, the
same standards, programs, and services provided to able-bodied inmates in accordance
to Title15, shall be provided to inmates with disabilities.
A deaf or hard of hearing inmate in lockup at a court facility requesting the use of a TTY
shall be accommodated. Calls made using a TTY require typing messages back and forth;
therefore, allowing double the allotted time given for a telephone call made by hearing
inmates, is necessary to ensure that equivalent conversation time is provided. Lockup
personnel shall notify either the Sheriff’s Office or Civil Management Unit Office at their
respective court and request that the TTY be made available. The TTY shall be set up in
a place where security is not compromised and the safety of Department personnel and
the inmate shall always be considered.
The California Relay Service can be reached at the following numbers:
• Voice- 1-800 735-2922
• TTY- 1-877 735-2929
For further information regarding TTY set up and usage, refer to the attached user
guides: Superprint 4425 Manual (attachment #1), Superprint 4425 Quick Guide
(attachment #2), and Superprint 4425 Get Started (attachment #3).
ASSIGNED RESPONSIBILITY: SIGN LANGUAGE INTERPRETER OR
ASSISTIVE LISTENING DEVICE REQUESTS
Communication between Sheriff’s Department personnel and Superior Courts staff is
essential in ensuring that effective communication is provided to the deaf or hard of
hearing inmates. It is important that Sheriff’s personnel understands each Department’s
requirement to provide a qualified sign language interpreter.
In all courtroom proceedings, it is the Courts responsibility to provide effective
communication to include qualified sign language interpreters and/or assistive listening
devices for an inmate who is deaf or hard of hearing, when necessary.
Interactions occurring between deaf or hard of hearing inmates and Sheriff’s personnel in
lockup (e.g. medical situations, Use of Force incidents, etc.), it is the responsibility of the
Sheriff’s Department personnel to provide effective communication to include qualified
sign language interpreters and/or assistive listening devices for an inmate who is deaf or
hard of hearing, when necessary.
Contact Sheriff’s Headquarters Bureau at (323) 526-5541 to request a qualified sign
language interpreter (MPP5-09/005.30 Communicating Through A Sign Language
Interpreter).
ADA COORDINATORS
On January 4, 1994, the Los Angeles County Board of Supervisors established County
policy of non-discrimination on the basis of disability (#3.060) in accordance with the ADA
of 1990. The policy mandates that each County Department designate an ADA
Coordinator to ensure compliance with the non-discrimination provisions of the ADA.
It is important that all Court Services personnel be aware of the appropriate Department
ADA Coordinator to contact for assistance regarding ADA compliance issues.
For further ADA compliance matters relating to the Superior Courts, contact Nagi
Ghobrial, ADA Coordinator at (213) 974-5426.
For additional information regarding effective communication or other ADA compliance
matters, contact Marie Villalobos, Sheriff’s Department ADA Coordinator at (323) 526-
5675.
APPROVED: ORIGINAL SIGNED
RICHARD J. BARRANTES,
CHIEF COURT SERVICES DIVISION