A Comprehensive Understanding

According to research from the Centers of Disease Control (CDC), over one in four Americans has at least one disability. Even if you do not have a disability, there is a high likelihood that someone in your immediate group of close family or friends does.

The unique accommodations required for those disabilities are constant, and ultimately critical in sustaining their quality of life. LEADS aims to educate first responders on how to identify disabilities in any setting, ensuring reasonable accommodations are provided in a timely manner.

Listed below are general areas where both identification and accommodation are prevalent, and, with training and guidance, increase the likelihood individual needs of people with disabilities are met while maintaining safety and security.

Incident Review:

Situational awareness and officer safety will remain paramount during any call for service. Decisions based on articulable facts can play a vital role in determining the outcome of any situation. Exigency is a priority when a rapidly evolving situation exists. However, knowing when a reasonable officer would be able to transition from exigency to perform under regular circumstances is key in determining when accommodations should be provided.

Understanding what transpired before, during and after any incident is imperative in addressing any deficiencies in training, policy or pattern of practice. Being able to identify when accommodations should have been provided assists in both ensuring accountability and decreasing the likelihood of future problems.

Arrest and Booking:

Several things come into play when responding to calls for service from the public. From the point the call comes in, it requires a coordinated effort by multiple people to ensure not only that the call is answered in a timely manner, but that individuals rights, and potential limitations are considered when making decisions before, during, and after any investigation.

These decisions are based on training and experience, and often times unbeknownst to the public, include exigent factors that potentially effect the outcome of any investigation. Understanding disabilities and their characteristics might effect the initial contact, or the ultimate outcome of the investigation when factored into what transpired.

In the event an individual with a disability is taken into custody, barring exigency, their disabilities and accommodations need to be considered throughout the encounter and possible arrest. Once in custody, disability accommodation must remain paramount during the booking process.

Accommodations During Incarceration:

In a 2012 study, the U.S. Department of Justice (D.O.J.) identified nearly 50% of inmates in county jails and 40% of inmates in state prisons have one or more disabilities. With each disability unique to itself, and effecting individuals differently; it is imperative those required by law to provide accommodation(s) understand their role in the process.

Requiring access to programs and services to all inmates is occasionally perceived as a daunting task, which becomes exponentially harder when factoring in physical limitations or unique needs for accommodations. Ensuring these limitations and unique needs are incorporated to your operation will ultimately reduce the likelihood of an ADA violation, but improve the quality of life of those incarcerated while improving the working relationship between staff and those incarcerated.

Modifying programs or services with a collaborative understanding of equal access is often a more realistic, cost-effective way of ensuring equal access as opposed to costly construction or an increase in staffing.

Facility Audits and Assessments:

With countless correctional facilities built before 1990 in the U.S. still in operation, providing programs and services with unique accommodations that might require structural or procedural modifications is a real concern.

After three decades, deficiencies are still being identified, and can lead to years of litigation in order to address. Identifying areas of facilities lacking appropriate accommodations, and modifying programs and services to improve compliance will reduce the likelihood of litigation.

With the ability to effectively assess the current infrastructure of your current facilities, identifying areas to offer accommodation and improving compliance is paramount. Determining the viability of your existing structures will assist in adjusting course towards compliance and strengthening the working relationship with inmates with disabilities.

Policy Review, Revision, and Generation:

With the vast majority of agencies in the U.S. being established before the Americans with Disabilities Act went into effect, existing policies and patterns of practice might not address or incorporate needs for accommodation. Ensuring policies are not restrictive of those with disabilities is important.

Reviewing, revising, or potentially developing policy that is inclusive of those with unique needs will reduce the likelihood of a violation of ADA occurring. Embracing any change, though difficult, will improve efforts of equal access while improving the quality of life of those incarcerated with disabilities.

Court Appointed Monitoring:

With deficiencies identified, it is imperative a logical, effective plan is created to ensure compliance is both improved and sustained. Ensuring the needs of those with disabilities are met while respecting the need for safety and security is paramount.

With valid concerns from plaintiffs and defendants, improving policies, procedures and an overall operational understanding of how to accommodate is our goal at LEADS. Improving accommodations while creating and sustaining a working relationship between plaintiffs and defendants will provide the most effective means of success.

ADA Coordinator Mentorship:

Serving as the ADA Coordinator for any law enforcement or correctional agency is a daunting task. The size of the agency and auxiliary services they offer in the criminal justice process only magnify the complexity of ensuring compliance is achieved. Understanding the needs of those incarcerated with disabilities and the security or safety concerns of law enforcement or correctional agencies is difficult.

By providing insight, instruction and advice, LEADS offers a firm foundation for any individual or team tasked with ensuring accommodations are provided for inmates with disabilities in correctional settings.

Collaborative Partnership On Disability Awareness (CPODA):

Disabilities know no boundary; and are more prevalent that most understand. By hosting a dialogue between law enforcement or correctional agencies and communities; it offers a unique opportunity for both parties to voice their concerns with mediation, and hopefully address any misconceptions present that may put both parties at odds.

Often times, monitoring services call for community involvement in order for voices to be heard. By bringing parties together and focusing on realistic goals, LEADS strives to improve the working relationship between first responders and the communities they serve.