Police Department Policy

GO 06-26 Sign Lanugage Interpretation for Deaf & Hearing-Impaired Persons

Richmond PD

Policy Text
Page 1 of 4 General Order 6-26 - (01/18/24 ) SIGN LANGUAGE INTERPRETATION FOR DEAF AND HEARING -IMPAIRED PERSONS RICHMOND POLICE DEPARTMENT GENERAL ORDER Subject: SIGN LANGUAGE INTERPRETATION FOR DEAF AND HEARING -IMPAIRED PERSONS Chapter 6 Number 26 Pages 4 References Americans with Disabilities Act of 1990; Rehabilitation Act of 1973; Virginians with Disabi lities Act Effective Date: 01/18/2024 Revised By: Review Prv. Rev. Date: 05/27/2020 Chief of Police : I. PURPOSE The purpose of this directive is to establish guidelines for providing interpretation services to persons who are deaf or hearing -impaired whose primary language is sign language. II. SUMMARY OF CHANGE This General Order is due for review , and procedures for using a qualified sign language interpreter have been updated. All new language has been bold and italicized throughout the document. III. POLIC Y The Rehabilitation Act of 1973, the Virginians with Disabilities Act of 1985 and the Americans with Disabilities Act of 1990 prohibit discrimination against individuals with disabilities and require the provision of reasonable accommodation . Pursuant to these legal guidelines, it is the policy of the Richmond Police Department to provide or arrange for sign language interpreters when communicating with deaf or hearing -impaired arrestees or, upon request, for any eligible deaf or hearing -impaired person wi shing to participate in or attend any program sponsored or presented by the Police Department . IV. DEFINITIONS A. HEARING -IMPAIRED – Persons who have difficulty hearing and comprehending spoken language . As victims, complainants or arrestees, persons who are de af or profoundly hard of hearing may need the services of a qualified interpreter. B. INTERPRETER – The term “interpreter” refers to both interpreters and translators who facilitate communication between persons who are deaf or hearing -impaired and persons w ho are not hearing impaired. Page 2 of 4 General Order 6-26 - (01/18/24 ) SIGN LANGUAGE INTERPRETATION FOR DEAF AND HEARING -IMPAIRED PERSONS C. NATIONAL CERTIFICATION DEFINITIONS : 1. CI Certificate of Interpreting 2. CSC Comprehensive Skills Certificate 3. CT Certificate of Transliterating 4. MCSC Master Comprehensive Skills Certificate 5. OIC:C Oral Interpreter C ertificate: Comprehensive 6. OIC:S/V Oral Interpreter Certificate: Spoken to Visible 7. OIC:V/S Oral Interpreter Certificate: Visible to Spoken 8. RSC Reverse Skills Certificate 9. SC:L Specialty Certificate: Legal 10. CDI Certified Deaf Interpreter 11. NIC:A/M National Interpreter Certification, Advanced or Master V. PROCEDURE A. Procedure for Communicating with Deaf and Hearing -Impaired Arrestees Whose Primary Language is Sign Language: 1. If an arrestee has difficulty understanding or communicating orally with th e officer and the officer suspects that the individual is deaf or hearing -impaired , the officer should attempt to determine the arrestee’s mode of communication before contactin g a sign language interpreter . NOTE: Individuals who are either deaf or heari ng-impaired may carry Visor or Wallet Alert Cards that will help the officer understand the best mode of communication with the individual . The Alert Cards are issued through the Virginia Department for the Deaf and Hard of Hearing (VDDHH) and identifies t he bearer as deaf or hearing - impaired and recommends the best way to communicate, such as sign language, lip reading or writing . 2. In order to communicate effectively with a deaf or hearing -impaired arrestee, whose primary language is sign language, Richmond Police Department members will only communicate with the arrestee through a qualified interpreter as indicated below: a) The officer shall document on the Rights Waiver Form (PD -75) that the accused, under federal law, was offered an interpreter at no cost a nd that any interview would be deferred pending the appearance of the interpreter at no cost to the accused. b) At the earliest possible time after the arrest of a deaf or hearing -impaired Page 3 of 4 General Order 6-26 - (01/18/24 ) SIGN LANGUAGE INTERPRETATION FOR DEAF AND HEARING -IMPAIRED PERSONS person, the arresting officer shall communicate to the arrestee the Mi randa Warning on the Rights Waiver Form (PD -75), using the interpreter as communication access. B. Procedure for Presenting the Miranda Warning: 1. In order to satisfy the court that the accused understood their rights, the officer cannot merely show the Miranda Warning on a written form to the arrestee. Therefore, it will be necessary for an interpreter to explain these rights during any interview and questioning and during the taking of any statement. 2. The notice of the right to a sign language interpreter durin g all communication must be conveyed through a qualified interpreter at the earliest time after the arrest . After receiving such notice, the right to an interpreter may be waived only by the deaf or hearing -impaired arrestee through a qualified interpreter or written communication. 3. The burden of proof that the waiver was clearly understood rests with the police . In order to successfully satisfy this burden, the officer shall attempt to ensure that: a) There is no

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.