Policy Text
Copyright Lexipol, LLC 202 6/01/08, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff Americans with Disabilities Act - 1 Santa Clara County Office of the Sheriff
Custody Policy Manual
Americans with Disabilities Act
602.1 PURPOSE AND SCOPE
Broadly defined, the Americans with Disabilities Act ("ADA") requires that no qualified individual
with a Disability shall, by reason of such Disability, be excluded from participation in or be denied
the benefits of the services, programs, activities of a public entity, or be subjected to discrimination
by any such entity. The ADA applies to the jail facilities and protects incarcerated persons with
disabilities.
The purpose of this policy is to guide and direct staff in complying with the ADA requirements for
incarcerated persons. This policy applies to all Custody Bureau staff interacting with incarcerated
persons.
602.1.1 DEFINITIONS
Throughout this policy, defined terms are capitalized (e.g., Mobility Disability). Staff should pay
careful attention to the significance of a defined term.
See attachment: Appendix A - Definitions.pdf
602.2 POLICY
It is the policy of the Santa Clara County Office of the Sheriff not to discriminate against any
incarcerated person protected by the ADA in the provision of services, programs, and activities
for incarcerated persons.
Compliance with the ADA can be technical, and staff should seek guidance or assistance from
the ADA Compliance Unit when necessary.
602.3 EXCLUSIVITY
This policy supersedes all prior policies that cover the topics contained in this policy related to the
ADA. There are complementary policies that cover ADA topics, including the Grievances Policy.
This policy may not be modified, contradicted, or altered by staff, or by facility -level directives.
Staff who attend non-department approved training from an outside provider on any topic covered
by this policy that contradicts or conflicts with this policy must follow this policy.
602.4 INTAKE PROCESS AND ORIENTATION
(a) Intake Screening
1. Intake screenings are performed by Adult Custody Health Services (ACHS) staff.
It is the sole responsibility of ACHS to screen incarcerated persons at the time of
intake for impairments and disabilities. Common types of disabilities include, but
are not limited to, visual, hearing, speech, mobility, mental illness, and cognitive
impairments.
2. ACHS policy directs ACHS staff to identify incarcerated persons with disabilities
during the intake process. ACHS policy requires ACHS staff to inform Policy
602
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Santa Clara County Office of the Sheriff
Custody Policy Manual
Americans with Disabilities Act
Copyright Lexipol, LLC 202 6/01/08, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff Americans with Disabilities Act - 2
appropriate Custody Bureau staff of their findings regarding disabilities and need
for an accommodation. Although it is not Custody Bureau staff's responsibility to
screen incarcerated persons for a Disability or a Reasonable Accommodation,
Custody Bureau staff shall report to ACHS staff all observations about an
incarcerated person's potential Disability and/or need for an accommodation, as
well as information reported by incarcerated persons about a Disability and/or
need for an accommodation.
(b) Confidentiality: Consistent with safety and security, staff shall allow ACHS staff to
conduct the intake screening with reasonable sound privacy and confidentiality.
(c) Issuance and Retention of Assistive Devices During Intake and Booking
1. Incarcerated persons are permitted to keep their Mobility Device, Vision,
Hearing, or Speech (VHS) Assistive Device or Auxiliary Aid, or other Assistive
Device during the intake and booking process. This specifically includes
orthopedic and prosthetic appl iances.
2. Personal Mobility Devices: Incarcerated persons will be permitted to keep
Personal Mobility Devices until ACHS staff issues a County -owned Mobility
Device. Sworn staff shall inspect an incarcerated person's Personal Mobility
Device or Personal Assistive De vice for contraband.
(a) Sworn staff shall inspect the device and return it to the incarcerated person
promptly.
1. If necessary, sworn staff may request ACHS staff to assist the
incarcerated person in removing and reapplying a Mobility Device
for purposes of inspection by sworn staff.
2. Absent exigent circumstances, sworn staff shall not remove or re -
apply an incarcerated person's Mobility Device.
(b) In the rare event the inspection cannot be accomplished promptly, the
inspection must be completed within 14 days.
(c) Personal Mobility Devices may only be confiscated by sworn staff based
on a Safety -Security Assessment.
1. A Safety -Security Assessment shall be conducted by a Facility
Captain or Watch Commander.
2. If the Facility Captain or Watch commander determines that a
Mobility Device constitutes an immediate risk of bodily harm to the
incarcerated person or staff, or a security