OAKLAND_TB_VIII_R_Language_Access_983

TRAINING BULLETIN Evaluation Coordinator: PTT Commander Automatic Revision Cycle: 3 Years partment Training Bulletins shall be used to advise members of current police techniques and procedures and shall constitute official policy.” Index Number: VIII-R Alpha Index: Language Access Effective Date: 18 Feb 10 “De LANGUAGE ACCESS The purpose of this Training Bulletin is to set forth Department policy and procedure to inform Department personnel of the need to provide language access services when encountering a Limited English Proficient (LEP) person which are consistent with federal, state and local law. Personnel are reminded not to sacrifice officer safety or put the public at risk for the sake of providing language services to an LEP individual. BACKGROUND Language barriers impede effective and accurat e communication in a variety of ways. Language barriers can often times inhibit or even prohibit individuals with limited English proficiency from accessing and/or understanding im portant rights, obligations, and services, or from communicating accurately and efficiently in different situatio ns. Hampered communication with limited English proficient victims, witnesses, suspects, and co mmunity members can jeopardize safety and create evidentiary and investigative challenges. OPD recognizes the importance of effective and accurate communication between its personnel and the diverse community it serves. DEFINITIONS AND TERMINOLOGY • Interpretation The act of listening to a communication in one language (source language) and orally converting it to another language (target language) while retaining the same meaning. • Interpretation Services Over-the-phone interpretation services are availa ble 24 hours a day, 7 days a week and can be arranged directly or through the Communications Section. OPD has a contract with a service provider to provide telephonic interpretation assistance in most languages. • Limited English Proficiency (LEP) Person Individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. 2 Language Access, Index Number VIII-R • Primary Language The language in which an individual is most effectively able to communicate. • Selectively Certified Bilingual Department personnel who have identified them selves as “bilingual” and have demonstrated, through a formal testing procedure, certified by the Department of Human Resources Management, competency to communicate in the source language by demonstrating the ability to listen to a communication in one language (source language) and orally convert it to another language (target language) while retaining the same meaning. Additionally, the Personnel Section maintains a complete list of Selectively Certified Bilingual personnel (members and employees). • Self-Identified Bilingual Department personnel who have identified themselves as having limited basic language skills and conversational comprehension and can enga ge an LEP person in a “conversational” manner. NOTE: The Daily Detail generated by the Automated Scheduling and Staffing Management System (TeleStaff) is capable of listing bilin gual members (Selectively Certified Bilingual and Self-Identified Bilingual). • Translation The replacement of written text from one langua ge (source language) into an equivalent written text into another language (target language) while keeping the context and meaning the same. POLICY The Department shall provide language assistance services to LEP persons when performing law enforcement functions, upon request, or as a part of the Department’s community policing philosophy. OPD shall take reasonable steps to ensure ti mely and accurate communication and access to all individuals regardless of primary language. IDENTIFICATION OF PRIMARY LANGUAGE Personnel need to determine whether the indi vidual can speak and understand the English language during the initial contact with an individual. This may be accomplished by simply asking the person. In the event the individual has difficulty speaking or understanding the question, personnel shall take appropriate steps to advise the LEP person that language assistance services (interpreters) are available free of charge to LEP persons if assistance is requested or required. • A Language Identification Card (TF-3331) (Appendix) is available to Department personnel to facilitate in the identification of the primary language in order to provide the appropriate interpretation services to LEP individual. 3 18 Feb 10 ● Oakland Police Department Personnel need only display the Language Identif ication Card to the LEP person so the person can identify the language they speak prior to calling a qualified bilingual member, contract, or professional interpretation service. • In the event the LEP person does not appear able to read or understand the language identification card, the member may call the contracted telephonic interpretation service for assistance. USES FOR AN INTERPRETER Personnel may need to utilize the services of an interpreter for incidents involving vehicular/pedestrian traffic stops, preparing offense reports, taking statements, to provide verbal and written assistance in the Miranda admonition pr ocess, serving warrants and restraining orders, crowd/traffic control, and for obtaining permission for a consent search. Failure to use an interpreter may jeopardize an investigation and result in a violation of civil rights. • Police Contacts In the event a member encounters an LEP pe rson during a police contact (e.g., traffic enforcement stop, detention, or arrest) members must consider utilizing the services of an interpreter to explain the purpose, action, and/or resolution of the police contact. • Miranda The Miranda admonition shall be provided to an LEP suspect in his/her primary language before any questioning when there is any doubt that the suspect does not understand English. A qualified interpreter must be present during the Miranda admonition to protect the integrity of the investigation and prosecution. • Follow-Up Investigative Interviews The member needs to consider seeking the assi stance of