Police Department Policy

TUSPD_GO_0370_-_Hearing_Impaired_Disabled_Comm_74473

Tustin PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 1/24/2011 03/01/20 19 03/01 /2021 TUSTIN POLICE DEPARTMENT GENERAL ORDERS _____ _____ ______________________________ 370 - Hearing Impaired /Disabled Communications 1 POLICY 370 HEARING IMPAIRED/DISABLED COMMUNICATIONS 370.1 PURPOSE AND SCOPE Individuals who suffer from deafness, hearing impairment, blindness, impaired vision, mental or other disabilities may encounter difficulties in gaining meaningful access to, o r an understanding of important rights, obligations and services. In accordance with the Americans with Disabilities Act (ADA) and Civil Code § 54.1, it is therefore the policy of this department to take all reasonable steps to accommodate such individuals in any law enforcement contact. 370.1.1 ACCREDITATIONS STANDARDS This section pertains to the following CALEA Standards : 1.2.3 , 45.1.2, 81.2.1 370.2 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, employees of this department should consider all information reasonably available to them when determining how to communicate with an individual suffering from any disability. These factors may include, but are not limited to: a) The extent to which a disability is obvious or otherwise made known to the involved employee. Impaired or disabled individuals may be reluctant to acknowledge their condition and may even feign a complete understanding of a communication despite actual conf usion ; b) The nature of the disability (e.g., total deafness or blindness vs. impairment) ; c) The nature of the law enforcement contact (e.g., emergency vs. nonemergency, custodial vs. consensual contact, etc.) ; d) Availability of resources to aid in communication . When considering these and other available information, the involved employee(s) should carefully balance all factors in an effort to reasonably ensure meaningful access by individuals suffering from apparent disabilities to critical services , while not imposing undue burdens on the department or its officers. 370.2.1 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, department employees should remain alert to the possibility of communication problems and exercise special care in the use of all gestures, and verbal and written communication in an effort to minimize initial confusion and misunderstanding when dealing with any individual(s) with known or suspec ted disabilities or communication impairments. CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 1/24/2011 03/01/20 19 03/01 /2021 TUSTIN POLICE DEPARTMENT GENERAL ORDERS _____ _____ ______________________________ 370 - Hearing Impaired /Disabled Communications 2 370.3 TYPES OF ASSISTANCE AVAILABLE Depending on the balance of the factors available for consideration at the time, this department will make every reasonable effort to provide meaningful and timely assis tance to disabled individuals through a variety of services, where available. Disabled individuals may elect to accept such assistance at no cost , may choose to provide their own communication services at their own expense , or any combination thereof. In a ny situation, the individual’s expressed choice of communication method shall be given primary consideration and honored unless the employee can adequately demonstrate that another effective method of communication exists under the circumstances. Officers should document the type of communication utilized in any related report and whether a disabled or impaired individual elected to use services provided by the department or some other identified source. 370.3.1 FIELD RESOURCES Individual officers and employees are encouraged to utilize resources immediately available to them in any contact with a known or suspected disabled or impaired person. Examples of this would include such simple methods as: a) Hand gestures or written communications exchanged betw een the employee and a deaf or hearing impaired individual ; b) Facing an individual utilizing lip reading and speaking slowly and clearly ; c) Slowly and clearly speaking or reading simple terms to any visually or mentally impaired individual . 370.3.2 AUDIO RE CORDINGS AND ENLARGED PRINT From time to time, the department may develop audio recordings of important information needed by blind or visually impaired individuals. In the absence of such audio recordings, employees may elect to read aloud a department fo rm or document such as a citizen complaint form to a visually impaired individual or utilize a photocopier to enlarge printed forms for a visually impaired individual. 370.3.3 TELEPHONE INTERPRETER SERVICES The Watch Commander and Communications Supervi sor will maintain a list of qualified interpreter services to be contacted at department expense to assist deaf or hearing impaired individuals upon approval of a supervisor. When utilized, notification to such interpreters shall be made at the earliest re asonable opportunity and the interpreter should be available to respond within a reasonable time (generally not to exceed three hours). CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 1/24/2011 03/01/20 19 03/01 /2021 TUSTIN POLICE DEPARTMENT GENERAL ORDERS _____ _____ ______________________________ 370 - Hearing Impaired /Disabled Communications 3 370.3.4 TTY AND RELAY SERVICES Individuals who are deaf or hearing impaired must be given the opportunity to use avai

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