DENVER SHERIFF DEPARTMENT

Office of the Sheriff

Department Order

1.00.1019 Pages:

9

+ Appendices A-D

Previous Revision

February 2014

Current Revision:

November 2014

Annual Review

August

Effective Date:

November 10, 2014

Related Standards:

ACA: 4ALDF 6B 02, 04, 05, 08

Title II (Subtitle A), Americans with Disabilities Act (ADA): 5 U.S.C. §301; 28 U.S.C. §509,

510; 42 U.S.C. §12134

Section 504 Rehabilitation Act of 1973: 29 U.S.C. §794, as amended

CRS: 24-31-313; 24-34-301(7); 24-34-601(1), (2); 26-3.1-102; 18-6.5-102, 108

Health Insurance Portability and Accountability Act (HIPAA)

NCCHC: J-B-04; J-B-05; J-G-04

Denver Municipal Code 28, Article IV

Denver Sheriff Department Vision, Mission and Guiding Principles

Related (referenced) Department Orders:

1.00.1012 – Inmate Intake/Booking

1.00.1016 – Inmate Use of Telephones

1.00.1011 – Inmate Communication and Grievances

1.00.6002 – Inmate Property

1.00.8004 – Transportation of Prisoners

1.00.8001 – Medical or Special Transportation of Prisoners

Subject:

INMATES WITH DISABILITIES / AMERICANS WITH DISABILITIES ACT

1. Purpose: The purpose of this Department Order is to set forth the Denver Sheriff Department’s

policy and to provide clear and comprehensive guidelines regarding the identification

modification, care, and custody of inmates with disabilities and at-risk adults as regards

definitions and compliance with Subtitle A of Title II - Americans with Disabilities Act, as

amended, , Colorado Revised Statutes, and all other applicable federal, state and local

legislation, regulation and statutes. This policy applies to inmates who are in the care, custody, or

under the supervision of the Denver Sheriff Department (DSD).

2. Policy: It is the policy of the Denver Sheriff Department (DSD) to ensure inmates with

disabilities have the same access to facilities, services, programs and activities as non-disabled

inmates while in the care and custody or under the supervision of DSD.

The determination that an action would result in undue burden, fundamental alteration or direct

threat may only be made by the Sheriff and/or the Executive Director of Safety. Further, DSD

will ensure that procedures established under this policy facilitate the ability of an inmate

with disability to request reasonable accommodation, and to make formal complaint of

unlawful treatment in violation of Title II – American with Disabilities Act.

3. Cancellation: This order supersedes and cancels previous versions of Department Order

1.00.1019.

DENVER000001

D.O. Number:

1.00.1019

Date Effective:

11-10-2014

Page:

2 of 9

4. Definitions:

Americans with Disabilities Act (ADA) – The ADA is a wide-ranging civil rights law that

prohibits, under certain circumstances, discrimination based on disability. ADA was enacted

by the U.S. Congress in 1990, and signed into law on July 26, 1990 and later amended.

At-risk Adult – According to Colorado Revised Statute 18-6.5-108, any individual over 18

who has a disability, defined as “ …[one who] a) Is impaired because of the loss of or permanent

loss of use of a hand or foot or because of blindness or the permanent impairment of vision of both

eyes to such a degree as to constitute virtual blindness; or (b) Is unable to walk, see, hear, or speak;

or (c) Is unable to breathe without mechanical assistance; or (d) Is developmentally disabled as

defined in section 27-10.5-102 (11), C.R.S.; or (e) Is a person with a mental illness as the term is

defined in section 27-65-102 (14), C.R.S.; or (f) Is mentally impaired as the term is defined in section

24-34-301 (2.5) (b) (III), C.R.S.; or (g) Is blind as that term is defined in section 26-2-103 (3), C.R.S.;

or (h) Is receiving care and treatment for a developmental disability under article 10.5 of title 27,

C.R.S.”

Additionally, an “at-risk elder” is considered as meeting the above definition but to be a

minimum age of 70.

Auxiliary aids and services - include, but are not limited to qualified interpreter, video

phone, Telecommunications Device for the Deaf, (TDD), note takers, assistive listening

systems, Communication Access Real-time Translation (CART), closed captioning, Braille

materials, written material, qualified readers, audio recordings, etc.

Deaf Advocate – An approved person through the Office of Sign Language Services and the

Denver Sheriff Department who meets with a deaf inmate to inform the inmate of ADA

modifications available at the Downtown Detention Center or County jail, and to relay to

staff of the Denver Sheriff Department any urgent needs the inmate may mention. The Deaf

Advocate does not function as an interpreter, provide legal consultation, or dispense guidance

regarding the inmate’s charges.

Disability/Qualifying Disability – For purposes of this order, the term “disability” is used

to mean a qualifying disability as defined by the Americans with Disability Act (42 USC

§12102(2); 28 CFR §35.104): 1) a physical or mental impairment that substantially limits

one or more of an individual’s major life activities; or 2) a record of such impairment; or

3) perceived as having such impairment, for at risk adults, further defined in C.R.S. 18-6.5-

108 as noted in the preceding definition. The term disability does not include:

Transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, gender

identity disorders not resulting from physical impairments, or other sexual

behavior disorders;

Compulsive gambling, kleptomania, or pyromania; or

Psychoactive substance use disorders resulting from current illegal use of

drugs.

DENVER000002

D.O. Number:

1.00.1019

Date Effective:

11-10-2014

Page:

3 of 9

Substantial limitation of a major life activity means impairment that causes the person to be

unable to perform a major life activity that the average person in the general population can

perform.

ADA Coordinator (ADAC) – One or more DSD employees or designees whose duties

include receiving, investigating, and promptly acting upon inmate requests for and/or inmate

complaints about reasonable accommodation. The ADAC may serve as a liaison to inmates

with qualifying disabilities as well as a resource to DSD employees with questions about

ADA and related issues, and may contribute substantially to the drafting of post orders and

procedures relative to inmates with disabilities.

Physical or Mental Impairment – includes, but is not limited to; such contagious and non-

contagious diseases and conditions as orthopedic, visual, speech and hearing impairments,

cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,

diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease

(whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.

Sign language interpreter – a person who possess current certification issued by the

Registry of Interpreters for the Deaf, Inc. (Colorado Consumer Protection Act, 6-1-707 [e])

and who is able to interpret effectively, accurately and impartially both receptively and

expressively, using any necessary specialized vocabulary (Americans with Disabilities Act,

“Qualified Interpreter”).

Reasonable Accommodation – Includes modifications to the application process, physical

environment, policies or procedures or the manner in which tasks are carried out that enable

an inmate with a qualifying disability to participate in a program or service or use a facility.

Reasonable accommodation might include, but is not limited to, modifying/adjusting the

physical environment, classroom or other program, providing interpretive services for deaf or

hard of hearing inmates, providing mobility escorts; providing a reader to a visually

impaired inmate, or modifying existing equipment or device, such as lowering telephones or

raising a typing table. Such modifications are not intended to provide, give special treatment

to inmate to, or provide an advantage; rather, modification(s) should create an equal

opportunity/provide for equal access.

Service Animal – An animal individually trained to do work or perform tasks for people

with disabilities. Examples of such work or tasks include guiding people who are blind,

alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is

having a seizure. Service animals are working animals, not pets. Under the ADA, only dogs

and miniature horses (which range in height from 24-34 inches measured to the shoulders

and weighing between 70 and 100 pounds) are recognized as service animals. Generally,

Title II entities (including the City of Denver) must permit service animals to accompany

people with disabilities in all areas where the public is allowed to go.

DENVER000003

D.O. Number:

1.00.1019

Date Effective:

11-10-2014

Page:

4 of 9

Undue Burden and Fundamental Alteration and Direct Threat Defenses – When there is

proof that an action to provide accessibility/modification to a service, facility, program or

activity would impose undue financial or administrative burden on the Agency, or would

fundamentally alter the nature of the facility, service, program or activity, or would pose a

direct threat of harm to the health and safety of the individual or others. The determination

that an action would result in undue burden, fundamental alteration or direct threat may only

be made by the Director of Corrections and/or the Manager of Safety.

5. Guidelines:

A. General guidelines:

1. Each Division will comply with ADA regulations by establishing and implementing

procedures to ensure reasonable accommodation for inmates with disabilities and to

ensure compliance with ADA regulations concerning:

a. Request for reasonable accommodation/modifications pursuant to the Americans

with Disabilities Act

b. Barrier free access to the facility

c. Facilitation of inmate participation in inmate services, programs and activities.

<ACA 4ALDF 6B 05>

2. Each Division Chief will designate an ADA Coordinator for each facility.

a. Coordinators are responsible for monitoring local compliance with ADA

requirements, standards, and Department policy. <ACA 4ALDF 6B 08>

3. The Denver Sheriff Department will employ at least one sworn staff member who has

successfully completed the certified POST at-risk/elder abuse training course enabling

officers to recognize and address (including reporting) incidents of abuse of at-risk

elders. <C.R.S. 24-31-313>

a. In addition, awareness training for other sworn and civilian staff working

within the jail facilities or Vehicle Impound Facility will be included in

Department pre-service and annual in-service training. Such training shall

include training in the recognition and reporting of known or suspected elder

abuse.

4. Staff will immediately report any knowledge or suspicion of at-risk adult and at-risk

elder abuse or exploitation to their supervisor when they become aware of or

reasonably suspect such incidents have occurred, and notify the appropriate agency

within 24 hours. Supervisors shall additionally ensure:

a. In jurisdictions outside of the City and County of Denver, the Human Services

or the District Attorney’s office where at-risk elder abuse/exploitation is

known or suspected to have occurred shall be notified within 24 hours <C.R.S.

18-6.5-108>

b. Regarding incidents within the jurisdiction of the City and County of Denver:

DENVER000004

D.O. Number:

1.00.1019

Date Effective:

11-10-2014

Page:

5 of 9

If such incident(s) of at-risk elder abuse is known or suspected to have

occurred within the City and County of Denver, the Denver Police

Department will be notified within 24 hours.

In addition, at-risk elder abuse incidents known or suspected to have

occurred in the custody of DSD shall immediately be reported to a Division

Chief and the Denver Sheriff Department Internal Affairs Bureau.

c. Each Division will establish procedures to comply with this order concerning

at-risk elder abuse/exploitation recognition and reporting requirements.

5. Inmates with medically related equipment, including but not limited to prosthetic

devices, hearing devices, medically necessary shoes or braces, etc. prescribed by a

physician shall be allowed to keep such equipment, unless it is shown that such

equipment shall pose a serious threat to the inmate or the safety of others.

a. Medically related equipment custom fitted for an inmate, (e.g. hearing aids,

prosthetics, medically necessary/special shoes) shall remain in place on the

inmate’s person at all times during transport, absent an overriding security risk.

Refer also to Department Orders 1.00.8004 – Transportation of Prisoners, and 1.00.8001

– Medical or Special Transportation of Prisoners.

6. Implementation:

A. Intake:

1. Upon intake, all offenders will be asked to declare any current disability or need for

reasonable accommodation for a qualifying disability.

2. If an inmate declares a disability and need for reasonable accommodation, he/she shall

be given the means to request it. Please also see Section 6.B. of this Department Order.

Request for reasonable accommodation or change in reasonable accommodation will

be captured during:

a. The screening process at intake, and

b. Outside of the screening process at intake, inmates requesting a change in their

reasonable accommodation will submit an Inmate Message Form (“Kite”) to

the ADA Coordinator of Classification Unit. Each change request requires

a new form to be submitted.

3. Signage in the intake areas of jail facilities will clearly indicate the availability of

devices and interpreter services to those who are deaf, hard of hearing or speech

disabled.

4. All televisions in Intake will be operated with closed captioning turned on at all times.

5. An inmate may request a modification for disability at intake or any time while in the

care and custody of the Denver Sheriff Department.

DENVER000005

D.O. Number:

1.00.1019

Date Effective:

11-10-2014

Page:

6 of 9

6. The intake process shall include providing the inmate with information as to the

process for declaring a disability and request for reasonable accommodation under the

Americans with Disabilities Act. A request for reasonable accommodation during

intake will be documented in the Jail Management System (JMS) by the intake officer.

a. The Intake officer will forward the completed request to the ADA Coordinator.

b. The ADA Coordinator shall be responsible for ensuring the request for reasonable

accommodation/change in reasonable accommodation receives prompt

consideration and resolution. Please see Section 6.B of this order.

7. Inmates declaring a hearing, speech or any other disability which substantially

interferes with or impairs communication shall be asked to identify their preferred

means of communication as part of their request for reasonable accommodation at

intake. (See Appendices A and B.)

a. Reasonable efforts will be made to honor the inmate’s communication preference.

b. Inmates declaring a hearing, speech or any other disability which substantially

interferes with or impairs communication shall be provided the opportunity to

choose a proven method/way of communication.

c. Inmates declaring a hearing, speech or any other disability which substantially

interferes with or impairs communication shall be informed that a sign language

interpreter may be provided. A visual aid (please refer to Appendix B) can be used

in helping an inmate communicate his/her preferred method of communication.

d. The Intake Officer will immediately inform the Intake Sergeant so that an

interpreter can be arranged.

e. Deaf, hard of hearing or speech impaired inmates will be given access to phones

via auxiliary aids during the intake process. A visual aid (See Appendix C) can be

used in helping an inmate communicate phone preference. Please refer to

Department Orders 1.00.1012 – Inmate Intake/Booking and 1.00.1016, Inmate

Use of Telephones.

8. Communication Preference Cards - During the intake classification process, the

Intake Classification officer will complete a Communication Preference Card (see

Appendix D) and give it to inmates with hearing, speech or any other disability which

substantially interferes with or impairs communication. The card will contain the

following information:

a. CD number

b. Name of inmate

c. DSD Phone Preference option

Amplified Handset

TTY

Video Phone

DENVER000006

D.O. Number:

1.00.1019

Date Effective:

11-10-2014

Page:

7 of 9

Captioned Phone

d. Communication Preference

Sign Language Interpreter

Writing

Assistive Listening Device

e. Inmate Signature

f. Supervisor Signature

g. Date

B. Processing Requests for Reasonable Accommodation/Modification:

1. To request reasonable accommodation, inmates shall complete the “Inmate Request

for Reasonable Accommodation/Modification” (Please see Appendix A).

a. The Inmate Request for Reasonable accommodation/Modification form can be

obtained from any DSD uniformed officer during intake or anytime thereafter via

kite.

b. Inmates may request and be assisted by medical staff, the ADA Coordinator, Deaf

Advocate, or similar qualified designee to complete the form. The inmate is

allowed to attach one additional page of information, if necessary.

c. Completed forms should be sent directly to the Facility ADA Coordinator.

2. ADA Coordinator Review

a. The Facility ADA Coordinator shall review and investigate the request prior to

making a determination as to a request for reasonable accommodation from an

inmate.

b. The Facility ADA Coordinator may schedule a meeting or phone conference with

the inmate and any involved DSD employees, contract workers or volunteers in

order to facilitate the interactive process.

c. Additional information may be required from the inmate before a determination

on the request may be made.

d. Inmates are responsible for providing the requested additional information to the

Facility ADA Coordinator as soon as possible.

e. The Facility ADA Coordinator will provide recommendations of action as to the

request for reasonable accommodation and must confer with the classification unit

before submitting a written response to the inmate. If any disagreements arise

regarding the request for reasonable accommodation or related modifications, the

Classification Unit Sergeant or Captain will make the final decision.

f. The inmate shall be notified in writing of the status of his/her request for reasonable

accommodation/change in reasonable accommodation.

DENVER000007

D.O. Number:

1.00.1019

Date Effective:

11-10-2014

Page:

8 of 9

g. In all reasonable accommodation determinations, public safety and the health, and

the safety, and welfare of all those involved shall remain the overriding

consideration.

h. In all cases, DSD shall make every effort to provide reasonable accommodation to

ensure equal access to inmates with disabilities.<ACA 4ALDF 6B 02>

i. Any assistive device or health care equipment which is considered personal

property shall remain in the inmate’s possession upon discharge, parole, or release

to community corrections. All other property items and circumstances are

governed by Department Order 1.00.6002 – Inmate Property

C. Housing: Inmates shall be housed in a manner that provides for their safety and security.

<ACA 4ALDF 6B 04>

1. To the greatest extent possible, supervisors should ensure an inmate with a disability is

housed in a location that would best accommodate the inmate retaining approved

medically related equipment.

2. Inmates requiring the use of a wheelchair will be housed in a housing unit designed for

wheelchair access, and will be provided a shower chair if needed.

3. Each Housing Officer will be responsible to effectively communicate all internal

announcements to inmates with hearing and vision disabilities, including but not

limited to: reporting instructions, notice of visiting, appointments, yard release and

recall, count, and lock-down.

a. The Housing Officer will be responsible to turn closed captioning on for all facility

televisions except Intake.

4. Staff shall be informed as to the disability of an inmate as is necessary to facilitate

communication and ensure the wellbeing and safety of the inmate, other inmates and

staff.

D. Confidentiality of Records:

1. Any documentation related to an inmate’s request for reasonable accommodation,

medical screening, or ADA grievances are maintained in a confidential file.

6. Accountability:

A. It will be the responsibility of all employees, officers, and supervisors to be familiar with

and to comply with this order.

B. It is the responsibility of each Division Chief or his/her designee to establish additional

procedures not covered in this Department Order as it would relate to their specific

divisions.

DENVER000008

D.O. Number:

4415.1B

Effective Date is

Date of Last Official

Approval Signature This

Page

Page:

9 of 9

7. Responsibility:

A. Training: The Training Academy will ensure that the curriculum of all currently existing

classes and any newly developed classes are compliant with this order.

B. Management: The Division Chief/Unit Commander or Unit Manager of any division or

unit affected by this policy will:

1. Ensure that existing procedures and all newly developed orders are in compliance

with this order.

2. Ensure that all affected personnel are made aware of this policy.

3. Ensure this policy is reviewed annually for compliance with all federal, state and

local laws and standards.

C. Supervisors: All supervisors will ensure that the provisions of this policy are being

followed.

D. Staff: All officers and employees will comply with the provisions of this policy.

8. Effective Date: This order will become effective immediately upon execution of the last

official signature of approval, as indicated below.

Approved:

___________________________________ ____________________________________

Elias Diggins Date

Sheriff

City and County of Denver

DENVER000009

DEPARTMENT ORDER 4415.1 – APPENDIX A

DSD Form 4415A Rev12/2013

DSD INMATE REQUEST FOR REASONABLE ACCOMMODATION/MODIFICATION–DSD FORM 4415A Return completed form to Facility ADA Coordinator

According to the Americans with Disabilities Act(ADA),and other pertinent Rehabilitation Acts, no qualified individual with a disability shall, on the basis of disability, be excluded from participation or denied the benefits of the services, activities, or programs of the Denver Sheriff Department or be subjected to discrimination for same while under its care or custody . Use this form to request modifications to programs, services or activities based on your disability. Case management will assist with completion of this form upon request. One additional page of information may be attached.

I. INMATE INFORMATION (Please print)

NAME: (Last, first, middle) CD #

FACILITY: DOWNTOWN DETENTION CENTER DENVER COUNTY JAIL

Please print name and title of person completing this form (if other than inmate):

Signature of Officer: Date:

II. MODIFICATIONS REQUESTED: Modifications are assistive device/equipment, communication services, structural or

procedural modifications or adjustments to policies and practices to ensure equal access (e.g., magnifier, sign language interpreter,

re-assignment of job duties, healthcare equipment, restrictions, and/or medical treatment are not modifications).

Please print. Do not leave this section blank.

III. DISABILITY/SUBSTANTIAL LIMITATION: Check () only limitations relevant to above request.

*HEARING *SPEAKING SEEING MOBILITY COGNITIVE/THINKING OTHER

Inmates with hearing, speech or other disability which substantially interferes with or impairs communication:

Please check your preferred method of communication: Sign language interpreter Writing/printed material

Assistive Listening Device (ALD) Other: (please specify):

___________________________________________________________________________________________________

Please check your preferred PHONE OPTION method for outside communication: TTY Video Phone

Captioned Phone Amplified Handset

By signing this form voluntarily and without coercion or under duress, I authorize the Facility ADA Coordinator or designee to: request, review and/or discuss any medical or mental health, academic, housing, assignment and programming records to the extent necessary to investigate disability claims and evaluate reasonableness of modifications requested. Any information related to this request shall only be disclosed on a need-to-know basis in order to investigate and implement approved modifications. I agree to fully participate and cooperate in this process and understand that additional information may be required in order to process this request. Failure to provide this information may result in denial of the requested modification.

Should your needs change while incarcerated in the Denver Jail System, please complete a “Kite” (Inmate Message Form) A “Kite” is a pre-printed yellow form provided by the Denver Jail for inmate communications. Any staff member can provide a “Kite” for you. A NEW form must be completed each time a change in reasonable accommodation is requested.

Please explain:

Sample Only

Form 4415A

Please use the most updated

version of this form, located on the

intranet in the Departmental

Orders/Forms folder:

S:\INTRANET\DIRECTOR\DIRE

CTOR\DEPARTMENTAL_ORDE

RS\FORMS

DENVER000010

DEPARTMENT ORDER 4415.1 – APPENDIX A

DSD Form 4415A Rev12/2013

Inmate Signature Date

DENVER000011

DEPARTMENT ORDER 4415.1 – APPENDIX B

DENVER000012

DEPARTMENT ORDER 4415.1 – APPENDIX C

Human Rights & Community Partnerships

Office of Sign Language Services & Resources

Director: Lorrie A. Kosinski, CI, CT, SC:L

201 W. Colfax Ave., Dept. 1102

Desk: 720.913.8487

Mobile: 303.880.3208

VP: 720.458.8486

Lorrie.kosinski@denvergov.org

Your choice. Which One?

__TTY __Amplified Handset

Inmate Signature__________________________________________________Date_________________

__Captioned Phone __Video Phone

Inmate Name (please print)________________________________________________________________

Phone Preference

DENVER000013

DEPARTMENT ORDER 4415.1 – APPENDIX D

DENVER000014