Police Department Policy

DGO5.20_Language_Access_Services_LEP

SF PD

Policy Text
San Francisco Police Department 5.20 GENERAL ORDER 10/17/07 Language Access Services for Limited English Proficient (LEP) Persons The purpose of this order is to establish language acce ss procedures, consistent with federal, state and local law, for San Francisco Police Department (SFPD) members to follow when encountering a limited English proficient (LEP) person. This order also defines the importance of effective and accurate communication betw een SFPD members and the community they serve. Language barriers can impede such effective and accurate communicati on in a variety of ways. Language barriers can sometimes inhibit or even prohibit individuals with limited English proficiency from accessing and/or understanding important rights, ob ligations, and services, or from communicating accurately and efficiently in different situati ons. Hampered communication with lim ited English proficient victims, witnesses, suspects, and community members can jeopardize safety and create evidentiary and investigative challenges. I. POLICY It shall be the policy of the Sa n Francisco Police Department to take every reasonable step to ensure timely and accurate communication and a ccess to all individuals regardless of national origin or primary language. When performing la w enforcement functions, members shall provide free language assistance to LEP individuals whom they encounter or whenever an LEP person requests language assistance services. The Sa n Francisco Police Department recognizes the importance of effective and accurate communi cation between its members and the diverse community it serves. It is the policy of this de partment to inform members of the public that language assistance services are available free of charge to LEP persons a nd that the Department will provide these services to them as part of the department’s community policing and enforcement efforts. II. DEFINITIONS A. PRIMARY LANGUAGE: The language in which an individual is most effectively able to communicate. B. LIMITED ENGLISH PROFICIENCY (LEP) PE RSON: Individuals w hose primary language is not English and who have a limited ability to read, write, speak, or understand English. C. INTERPRETATION: The act of listeni ng to a communication in one language (source language) and orally converting it to another language (target language) while retaining the same meaning. D. TRANSLATION: The replacement of written text from one language (source language) into an equivalent written text into another language (target language). E. QUALIFIED BILINGUAL MEMBER: For purpos es of this order, SFPD members who identify themselves as “bilingual” must demons trate, through a formal procedure which has been established by the Department of Human Resources (DHR), competency to communicate in the source language by demonstrating the ability to listen to a communication in one language (source language) and or ally convert it to another la nguage (target language) while retaining the same meaning. The Department will provide all memb ers with training in interpreting techniques, roles, and ethics so that they may understand and follow confidentiality and impartiality rules for interpreters as defined by DHR. DGO 5.20 10/17/07 2 F. QUALIFIED CIVILIAN INTERPRETER: A Qua lified Civilian Interpre ter is an individual who has been certified by the City or other designated qualifying agency. A Qualified Civilian Interpreter may be an employee of another city department or an outside agency contracted to provide language interpretation services to the Department. The Department will contract with outside agencies to provide in person as well as tele phonic interpretation services. G. EXIGENT CIRCUMSTANCES: Exigent circumstances are defined as situ ations that require deviation from procedures, such as a threat to life, safety, or property, a fleeing suspect, or the potential loss or destruction of evidence. (e .g., physical loss of property, witness or victim.) III. PROCEDURES SFPD members are to follow these procedures in all encounters absent exigent circumstances; however, exigent circumstances may require some deviation. In such situations, SFPD members shall use the most reliable, temporary interpreter available. Once the exigency has passed, members are expected to revert to the pro cedures set forth in this general order. A. GENERAL. The following procedures shall appl y to members who encounter LEP individuals while performing law enforcement functions. B. IDENTIFICATION OF PRIMARY LANGUAGE. 1. All SFPD members will be provided a langua ge identification card to aid in the identification of the primary langua ge spoken by the LEP individual. 2. SFPD members should display the language iden tification card to the LEP person so the person can identify the language they speak pr ior to calling a qualified bilingual member, contract, or professional interpretation service. The memb er should then request the appropriate interpreter. 3. If the LEP person does not appear able to read or understand the language identification card, the member should call Department of Emergency Management (DEM/ECD) or the professional interpretation servic e and advise the service of th e situation. With assistance from the language service member, memb ers should attempt to ascertain the LEP individual’s language in order to obtain a suitable interpreter. C. USE THE SERVICES OF BILINGUAL MEMBERS 1. Staff Services shall maintain a listing of a ll SFPD Qualified Bilingual Members. This list will be provided to and kept at the Operations Center. 2. In the event that SFPD Bilingual Member s are unavailable

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