Police Department Policy

RM 510.0820 - Limited English Proficiency LEP Plan

Sacramento Police Department

Policy Text
SACRAMENTO POLICE DEPARTMENT LIMITED ENGLISH PROFICIENCY (LEP) PLAN RM 510.08 SACRAMENTO POLICE DEPARTMENT Limited English Proficiency Plan Revised 11-08 POLICY STATEMENT TO: ALL PERSONNEL The Sacramento Police Department’s Limited English Proficiency Plan, and subsequent General Order 510.08, will detail the steps to be taken when encountering individuals who do not speak English as their primary language and have a limited ability to read, write, speak, or understand English. This Plan is for departmental use only and will outline specific measures which will provide reasonable and meaningful access to various rights, obligations, services and programs to everyone who is Limited English Proficient (LEP). This Plan, and General Order 510.08, implements specific policy that requires personnel to know its contents and follow its guidelines when interacting with members of the LEP community. Additionally, so that this Plan shall remain as contemporary, viable and useful as possible, employees shall report, through their chain of command, to the Chief of Police (COP), any discrepancies they discover between the contents of this Plan, the law and acceptable police procedures. Any procedural changes made to those outlined in this Plan shall be at the discretion of the COP. 2SACRAMENTO POLICE DEPARTMENT Limited English Proficiency Plan TABLE OF CONTENTS I. INTRODUCTION AND BACKGROUND ................................................. 1 A. POLICY STATEMENT.......................................................................... 1 B. BACKGROUND AND PURPOSE ........................................................ 1 C. DEFINITIONS ....................................................................................... 1 D. WHO IS LIMITED ENGLISH PROFICIENT (LEP) ............................... 2 E. FOUR FACTOR ANALYSIS ................................................................. 2 F. TYPES OF LEP ASSISTANCE AVAILABLE ....................................... 3 G. IDENTIFICATION OF PRIMARY LANGUAGE .................................... 4 H. RESTRICTIONS ................................................................................... 4 I. INTERACTING WITH LEP INDIVIDUALS ........................................... 5 J. LEP CONTACT SITUATIONS .............................................................. 5 K. REPORTING REQUIREMENTS ........................................................... 6 II. PLANNING AND COORDINATION ....................................................... 7 A. LEP COORDINATOR ........................................................................... 7 B. MEASURING LEP CONTACTS ........................................................... 8 III. BILINGUAL STAFF ................................................................................ 9 A. DEPARTMENT BILINGUAL COORDINATOR .................................... 9 B. BILINGUAL RECRUITMENT ............................................................. 10 IV. TRAINING ............................................................................................ 11 A. TRAINING DIVISION RESPONSIBILITIES ........................................ 11 B. COMMUNITY OUTREACH ................................................................ 11 V. LANGUAGE ASSISTANCE DOCUMENTS .......................................... 13 A. MONITORING OF LANGUAGE ACCESS EFFORTS ....................... 13 SACRAMENTO POLICE DEPARTMENT Limited English Proficiency Plan I. INTRODUCTION AND BACKGROUND A. POLICY STATEMENT It is the policy of the Sacramento Police Department to take reasonable steps to provide meaningful access to all individuals in any encounters with the Department regardless of their national origin or limited ability to speak, read, write, or understand English. This language assistance plan, and subsequent General Order 510.08, will detail the steps to be taken in implementing this Policy. B. BACKGROUND AND PURPOSE 1. Federal law prohibits national origin discrimination and requires federally assisted law enforcement agencies to take reasonable steps to provide meaningful access to Limited English Proficient (LEP) individuals. 2. Language barriers can put cases and lives at risk by impeding communications with LEP victims, witnesses, suspects, and community members and by creating safety, evidentiary, and ethical challenges for officers and others. 3. Language barriers can prevent LEP individuals from understanding their rights, complying with the law, and receiving meaningful access to law enforcement services and information. C. DEFINITIONS 1. PRIMARY LANGUAGE – The language in which an individual is most effectively able to communicate. 2. INTERPRETATION – The act of listening to a communication in one language and orally converting it into another language, while retaining the same meaning. Interpreting is a sophisticated skill needing practice and training, and should not be confused with simple bilingualism. Even the most proficient bilingual individuals may require additional training and instruction prior to serving as interpreters. Qualified interpreters are generally required to have undergone rigorous and specialized training. 3. TRANSLATION – The replacement of written text from one language into an equivalent written text in another language. Translation also requires special knowledge and skills. 2SACRAMENTO POLICE DEPARTMENT Limited English Proficiency Plan 4. BILINGUAL – The ability to speak two languages fluently and communicate directly and accurately in both English and another language. 5. DIRECT COMMUNICATION – Monolingual communication in a language other than English between a qualified bilingual Department employee or representative and an LEP individual ( e.g., Spanish to Spanish). D. WHO IS LIMITED ENGLISH PROFICIENT (LEP) LEP individuals do not speak English as their primary language and have a limited ability to read, write, speak, or understand English. 1. Many LEP persons are in the process of learning English and may read, write, speak, and/or understand some English, but not proficiently. 2. LEP status may be context-specific. For example, an individual may have sufficient English language skills to communicate basic information ( e.g. name, address etc

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