Police Department Policy

1027818

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE TRAINING BULLETIN Effective Date: April 4, 2025  Amends – TB 17 -02 (March 10, 2017) Number: 17-02 Distribution: All Personnel Review Month: March Reviewing Authority: UPD / Division Commander Subject: Interviews of Subjects with Autism or an Autism Spectrum Disorder This order consists of the following: 1. Purpose 2. Definitions 3. Procedures 1. Purpose This bulletin outlines the requirements of FS 943.0439 for interviewing victims, suspects or defendants with autism or an autism spectrum disorder. 2. Definitions A. Autism - a complex developmental disability that is the result of a neurological disorder that affects the functioning of the brain, and impacts the nor mal development of the brain in the areas of social interaction and communication skills. B. Autism Spectrum Disorder - a group of disorders characterized by impairment of development in multiple areas, including the acquisition of reciprocal social interaction, verbal and nonverbal communication skills, and imaginative activity, and by stereotyped interests and behaviors. It includes autistic disorder, Rett syndrome, childhood disintegrative disorder, and Asperger syndrome. C. Professional – a psychiat rist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with autism or an autism spectrum disorder or related developmental disability or must be certified in special education with a concentration focused on persons with autism or an autism spectrum disorder. 3. Procedures FS 322.051(8 -e) mandates the Florida Department of Highway Safety and Motor Vehicles to issue an identification card exhibiting a special designation for a person who has a developmental disability under certain circumstances. The special designation will display as a “D” on state issued I.D. cards. Special designation is on a voluntary basis. See example below. 17-02, Page 2 of 3 GUIDELINES FOR REQUESTING A PROFESSIONAL: When a victim, suspect, or defendant diagnosed with autism or an autism spectrum disorder, or their parent or legal guardian requests a professional be present at all interviews, the interviewing Deputy or other in dividual designated by the interviewing Deputy shall do the following: A. Advise the individual making the request for a professional that all expenses related to the attendance of the professional at the interview shall be borne by the requesting individual. NOTE: If the individual making the request for a professional is a victim, upon conviction of the offense in which the individual is a victim, the defendant shall reimburse the victim for all expenses related to the attendance of the professional at th e interview, in addition to other restitution or penalties provided by law, upon conviction of the offense of which the individual is a victim. B. Ascertain from the individual making the request for a professional if they have a particular professional or certified behavioral analyst they would like contact. If so, obtain the professional’s contact information. The individual making the request may contact the professional directly, if they so desire. C. If the individual making the request does not have or know of a professional to contact, have Communications, the interviewing Deputy or designee contact: 1. Autism Society of Greater Orlando at (407) 855 -0235 Monday - Friday from 8:00 AM - 5:00 PM. If assistance is needed on weekends and/or after normal busine ss hours (407) 616 -6201 or; 2. Center for Autism and Related Disabilities (CARD) at the University of Central Florida at (407) 823 -6011 D. The interviewing Deputy or Communications shall attempt to contact the professional and log the attempts and response into the CAD system. 17-02, Page 3 of 3 E. The interviewing Deputy shall document the name and contact information of the professional who was present for the interview. F. If a professional cannot be obtained after a good faith effort has exhausted all known resources, the interviewing Deputy may conduct the interview without a professional present. NOTE: Failure to have a professional present at the time of the interview shall not be a basis for suppression of the statement or the contents of the interview, or for a cause of action against the agency. G. Deputies should be aware that a professional may not be available on weekends and/or after normal business hours, and in order to have a professional present during all interviews, advance arrangeme nts may need to be made. The determination to delay an interview should be on a case - by-case basis and at the discretion of the Deputy or their supervisor. H. All deputies shall receive initial training during Basic Recruit Training (BRT) and refresher trai ning at least, once every three years.

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