Policy Text
CONCORD POLICE DEPARTMENT
STANDARD OPERATING PROCEDURE
INTERPRETATION SERVICES
GENERAL ORDER: 09.14 CREATED: March 1, 2007 ISSUE DATE: June 14, 2024
CALEA STANDARD: EFFECTIVE DATE: June 14, 2024
ACTION: Amends general order dated January 4, 2023 .
09.14.0 PURPOSE
The purpose of the general order is to establish effective guidelines, consistent with
Executive Order 13166, Title VI of the Civil Rights Act of 1964, and the Omnibus
Crime Control and Safe Streets Act of 1968, for department coworkers to follow when
providing services to, or interacting with, individuals who are Limited English
Proficient (LEP), and/or are deaf or hard of hearing.
09.14.1 POLICY
The Concord Police Department shall take reasonable steps to provide timely and
meaningful access to the service and benefits that the department provides for
individuals who are LEP and/or are deaf or hard of hearing.
09.14.2 DEFINITIONS
A. BILINGUAL
The ability to use two languages proficiently.
B. SECOND LANGUAGE PROFICIENT INTERPRETER
A coworker who is proficient in a second language and has passed a proficiency
test with an acceptable level of proficiency arranged by the City of Concord
Human Resources Department as outlined in the City of Concord Perso nnel
Policies & Procedures Manual. ( Click here for current second language proficient
interpreters )
C. DEAF PERSON
As defined by NC GS 8B -1(2), a deaf person is a person whose hearing
impairment is so significant that the individual is impaired in processing lingui stic
information through hearing, with or without amplification. For the purpose of
this general order, the term “deaf person” shall include adults and juveniles.
D. INTERPRETATION
The act of listening to communication in one language (source language) and
orally converting it to another language (target language).
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E. LIMITED ENGLISH PROFICIENCY (LEP)
Designates individuals whose primary language is not English and who have a
limited ability to read, write, speak or understand English. LEP individuals may
be competent in certain types of communication (e.g., speaking or
understanding), but still be LEP for other purposes (e.g., reading or writing).
Similarly, LEP designations are context -specific; an individual may possess
sufficient English language skills to function in one setting, but these skills may
be insufficient in other situations.
F. QUALIFIED I NTERPRETER
An interpreter certified and licensed as qualified under standards and procedures
promulgated by the Department of Human Resources and in accordance with
NCGS 90D-4.
NOTE: NCGS 90D -4 specifies that no person shall offer or practice
services to interpret or transliterate unless c urrently licensed
under this chapter.
G. NONQUALIFIED INTERPRETER
An interpreter for the deaf or LEP not certified by the North Carolina Department
of Human Resources who can adequately communicate with and interpret for the
deaf or LEP in a simultaneous and accurate fashion. This interpreter may be used
if a deaf individual or LEP is a witness, victim, or complainant.
H. PRIMARY LANGUAGE
An individual’s native tongue or the language in which the individual most
effectively communicates. Coworkers shall make every effort to ascertain an
individual’s primary language to ensure effective communication.
09.14.3 REQUESTING AN INTERPRETER FOR DEAF INDIVIDUALS
A. DEAF INDIVIDUALS IN CUSTODY
1. NC GS 8B -2(d) states that “If a deaf person is ar rested for an alleged violation
of criminal law of the State, including a local ordinance, the arresting officer shall
immediately procure a qualified interpreter from the appropriate court for any
interrogation, warning, notification of rights, arraignmen t, bail hearing or other
preliminary proceeding, but no arrestee otherwise eligible for release on bail
under Article 26 of Chapter 15A of the General Statutes shall be held in custody
pending the arrival of an interpreter. No answer, statement or admissi on taken
from the deaf person without a qualified interpreter present and functioning is
admissible in court for any purpose.”
2. If the officer believes that an individual he/she has arrested is deaf, the officer
shall notify a supervisor that a qualified and licensed interpreter is needed. The
supervisor shall utilize the approved interpretation service. (See Attachment A)
NOTE: The supervisor shall email the Administration Bureau commander
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the date and time the service was used for billing purp oses.
3. A deaf arrestee may elect to waive either or both the rights to an interpreter or
his/her Miranda Rights. If the deaf arrestee chooses to make a voluntary
statement once the waiver of rights form has been completed, request him/her
to write the sta tement in his/her own words. If the arrestee cannot write, then a
qualified interpreter must be relied upon to assist the officer in obtaining a
statement.
4. If an officer does not intend to question a deaf or hard of hearing arrestee, the