Police Department Policy

DGO5.23_Interactions_with_Deaf_and_Hard_of_Hearing

SF PD

Policy Text
Page 1 of 12 San Francisco Police Department 5.23 GENERAL ORDER 09/16/20 Interactions with Deaf and Hard of Hearing Individuals 5.23.01 POLICY It is the policy o f the San Francisco Police Department ( Department ) to provide the highest level of service to all community members, including individuals who are D eaf or hard of hearing. Under federal and state law, including Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and California Government Code section 11135, the Department has legal obligations to ensure mem bers communicate effectively with individuals who are D eaf or hard of hearing and that the se individual s are not subject ed to unlawful discrimination. Individuals who are D eaf or hard of hearing are entitled to the same level of services as hearing individuals and shall not be excluded, segregated, or denied assistance whether they are a suspect of a crim e, are in custody or detaine d, a victim or witness of a crim e, or a person in need of assistance. 5.23.02 PURPOSE The purpose of this policy is to outline procedu res members shall follow when encounter ing an individual who is D eaf or hard of hearing and the services available to meet these legal obligations. The Department shall provide all services necessary to effectively communicate with an individual free of charge including a qualified interpreter or the appropriate preferred auxiliary aid requested by the individual. SFPD stands for safety with respect for all. We will • Engage in just, transparent, unbiased, and responsive policing • Do so in the spirit of dignity and in collaboration with the community • Maintain and build trust and respect as the guardian of constituti onal and human rights. 5.23.03 DEFINITIONS A. American Sign Language (ASL) – The primary sign language used in North America, ASL is a complete, visual language with its own grammar and syntax that uses the shape, movement, and placement of hands as well as facial expression and body posture to convey information. Page 2 of 12 DGO 5.23 09/16/20 B. Auxiliary Aids – Tools, equipment, items, and /or services used to effectively communicate with an individual who is D eaf, hard of hearing, and/or has low to no vision. These include assistive listening devices, qualified interpreter services, written communications and materials, pads, pens, gestures, telecommunication devices (TDDs), videophones, and video remote interpreting devices (i.e., computers or tablets). C. Certified Deaf Interpreter (CD I) – A qualified interpreter who is Deaf or hard of hearing. D. Deaf -Blind Individual – An individual who has limited to no functional hearing ability and uncorrectable low vision and/or the complete lack of light perception who may rely on a tactile form of communication. E. Deaf or Hard of Hearing Individual – An individual with limited to no functional hearing ability who relies on a visual system for communication instead of processing linguistic information through hearing, wit h or without amplification , and also includes individuals who may have a hearing loss because of age, illness or trauma. F. Exigent Circumstance Exception – An exigent circumstance arises when an officer has specific and articulable facts that a particular action was performed by an officer due to concerns of the person’s, the safety of others or the safety of the involved officer(s). G. Lip and Speech Reading – Technique of understanding speech by visually interpreting the movements of the lips, tongue, and/or face. 1. Do not assume that a Deaf or hard of hearing individual reads lips. Even when a Deaf individual reads lips, only 25% of spoken language is visible on the lips. 2. Individuals’ lip or speechreading skills may diminish for a variety of reasons, includin g stress trauma, sleep deprivation, or the influence of alcohol or medication. H. Qualified Interpreter – A person certified by the National Registry of Interpreters for the Deaf who is able to interpret and translate effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary (including basic law enforcement terminology) taking into consideration the language skills and education of the individual in need of services. As well as their preferred method of communication (sign language, video relay, etc.) . Qualified interpreters should have no other responsibilities than interpreting. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is D eaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. 1. For an individual who is Deaf or hard of hearing and uses American Sign Page 3 of 12 DGO 5.23 09/16/20 Language for communication, the term "qualified interpreter" means a certified interpreter skilled in communicating in American Sign Language or Signed language . 2. The term "qualified interpreter" encompasses relay interpreter teams, when such are necessary for effective communication. I. Relay Interpreter Teams – Two or more persons used to communicate with an individual with very minimal language skills including ASL. The team works together using a variety of methods to effectively convey information to and from the individual.

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