Accommodations in Communication

Individual Advocacy Within the Prison

 

  • Disability Rights Washington provided an inmate who was blind with self-advocacy assistance over the telephone. Following that assistance, the P&A sent the inmate resources and information via audio CD as well as in written form as an accommodation. After learning that the prison had refused to provide the inmate with the CD, the P&A took on the case for limited advocacy. After a record review, Disability Rights Washington coordinated with the local facility’s ADA Coordinator as well as the ADA Compliance Officer for the prison system. The inmate was given full access to the CD under the prison’s legal mail policy and in accordance with the prison’s policy regarding accommodations for inmates with disabilities.

 

  • An inmate with a hearing impairment contacted Disability Rights Vermont because the prison had denied him hearing aids. The P&A met with the prison, which reported that the inmate’s hearing had been evaluated and the physician had determined he had normal functioning hearing.  Upon further information from the inmate, the P&A learned that the “hearing evaluation” consisted of the physician asking him questions behind his back in a low voice. The P&A then assisted the inmate in submitting an accommodation request for a formal hearing function test and for hearing aids, both of which were granted.

 

  • Disability Rights Iowa was contacted by an inmate diagnosed with blindness and traumatic brain injury who was requesting assistance in obtaining audiobooks and assistance writing letters as accommodations while incarcerated.  After speaking with the inmate, the P&A contacted the prison and the service provider of the audiobooks and arranged to have the individual’s audiobook privileges reinstated. The P&A also worked with prison staff to identify other available resources and ensure access to necessary accommodations. As a result of this advocacy, the inmate was provided regular access to a library selection of audiobooks at no charge to him, as well as personal assistance reading and writing, so he can communicate via mail effectively.

 

  • An inmate with significant learning disabilities contacted Disability Rights Vermont, reporting that he has extreme difficulty reading and writing and had therefore requested to be allowed two to three telephone calls per month to his minor children, with the prison covering the cost of those calls in lieu of the postage otherwise provided by the prison for inmates to write letters. The prison denied his request and the inmate was instructed to work with a volunteer outside the prison to help him with his correspondence. As an alternative, the inmate asked to participate in a program at the prison that allows inmates who are fathers to dictate a book on tape and send it to their child. The inmate informally requested that instead of dictating a book on tape, he be allowed to dictate a letter to his children. That request was denied as well. The P&A intervened and assisted the inmate in submitting an appeal to the commissioner; in the appeal the inmate reiterated his request for an accommodation. The commissioner reversed the denial and granted the inmate’s request to dictate letters to his children on tape at no cost, as an accommodation for his disability.

 

  • A deaf inmate contacted the Connecticut Office of Protection and Advocacy for Persons with Disabilities about several issues, including the need for hearing aids, lack of interpreters for religious services and medical appointments, lack of access to Alcoholics Anonymous meetings due to the absence of an interpreter, and limited access to TTY, a telecommunications device.  The P&A provided technical assistance to the inmate to assist him in requesting the needed accommodations and accessing the prison’s grievance process. The P&A also contacted the state’s department of corrections, after which the state agreed to provide the inmate with interpreters for religious and medical appointments as well as other programming. The inmate was also provided with an audiology appointment to assess his need for hearing aids.

 

  • Disability Rights Iowa was contacted by an inmate diagnosed with hearing loss who was being denied access to a hearing aid, even though it was recommended by a specialist providing treatment to the inmate. At the request of the P&A, the individual was evaluated by the prison system’s medical director, and subsequently by physicians at a local hospital. The inmate’s need for a hearing aid was confirmed in writing to the P&A, which used that recommendation to successfully advocate for the inmate to obtain the hearing aids.

 

  • An inmate who is deaf and requires the use of an American Sign Language (ASL) interpreter and TTY for communication contacted Disability Rights Vermont after the prison had denied the inmate’s repeated requests for an ASL interpreter for meetings, counseling, medical visits, and peer support groups.  The P&A worked with the inmate to file a grievance and appeal. As a result of the appeal, the inmate received interpreter services for mental health, medical appointments, and disciplinary hearings. He also was given access to TTY phone services. The prison subsequently entered into a contract with an interpreter to assist the inmate in other areas of planned or elective activities.

 

  • An inmate with bilateral hearing loss contacted the Connecticut Office of Protection and Advocacy for Persons with Disabilities and reported that both of his hearing aids had stopped working. He reported that he had repeatedly requested that the prison fix them but they had failed to do so. The inmate reported that, as a consequence, he attended a parole hearing without these devices, or any other accommodations, and was unable to effectively communicate during the hearing. The inmate was denied parole. The P&A advocated for another hearing, at which the inmate was provided one working hearing aid and he was granted parole. After the hearing, the state’s prison system provided the inmate with two working hearing aids, as prescribed by the audiologist.

 

Systemic Advocacy with Corrections Officials

 

  • An inmate who was deaf contacted Disability Rights Wisconsin, reporting that the prison had shut-down the free TTY phone service in the facility due to misuse by other inmates. As a result, in order to communicate with his family and friends, the inmate was forced to pay a prohibitively high fee for the limited use of a phone in the social worker’s office.  Disability Rights Wisconsin partnered with the state’s Department of Health Services’ Office for the Deaf and Hard of Hearing and recommended that the prison provide “Z-phone” technology, which allows deaf and hard of hearing individuals to direct-dial another party and sign or use voice-over technology with the help of a remote video interpreter. That technology was thereafter piloted in the prison; the state is currently evaluating whether the technology may be implemented system wide.

 

  • Disability Rights New York successfully advocated with the prison superintendent and counsel for the state’s department of corrections for installation of specialized software and computers in a prison law library to provide equal access to prisoners with visual impairments.

 

  • In order to ensure effective communication for prisoners with disabilities, Disability Rights New York contacted the state’s department of corrections to advocate for the inclusion of videophones as a key and necessary feature in the prison’s communications system.  The corrections system is currently viewing product demonstrations of videophones to be included with an overall communication upgrade.

 

  • After numerous reports that the prison was using inmates as interpreters for prisoners who were deaf or hard of hearing, Disability Rights Oregon negotiated with prison administration to create a new policy regarding effective communication within the prisons. The new policy designated an ADA coordinator to oversee services for deaf inmates, required the provision of materials in a variety of alternative formats, and mandated the use of qualified interpreters, TTY, and other auxiliary aids and services as needed. It also outlined the provision of auxiliary aids for inmates, both at intake and while incarcerated, and directed that an inmate’s choice as to the means of communication should be the primary consideration in providing needed accommodations. The negotiated settlement greatly improved conditions for deaf and hard of hearing prison inmates. However, recent complaints indicate that untrained inmate interpreters are still being used in some situations that compromise the safety and welfare of the deaf and hard of hearing inmates. Pro bono counsel is currently considering a lawsuit to further limit the use of inmate interpreters.

 

  • Disability Rights Pennsylvania was contacted by state prisoners who are deaf or hard of hearing, who reported that they were not being provided with effective communication or access to the prison’s services and programs. Inmates reported that interpreters were not being provided on a regular basis for classes or doctor appointments and use of TTY for outside calls was either severely restricted or not available at all.  The P&A also received complaints that prisoners with broken hearing aids may go months, if not years, without repair or replacement.  The agency contacted legal counsel for the prison system regarding the prison’s obligations under the ADA and the Rehab Act and as a result of these discussions, one prisoner went from having one faulty hearing aid to two functional hearing aids.  The state prison system also developed specialized cell blocks for prisoners who are deaf or hard of hearing; the system also now provides video interpreting services for medical services, counseling, and classes.  Prisoners have access to assistive technology devices like vibrating watches, TTYs, and video monitors and scrolling LED displays that provide announcements and other information.  The state’s prisons are also in the process of implementing videophones and the P&A is currently advocating for expanded access to this technology.

 

  • Following individual advocacy in relation to a deaf inmate, the Connecticut Office of Protection and Advocacy for Persons with Disabilities began working with the state’s prison system to place videophones in its facilities. Once a vendor has been identified, a pilot project will be launched in one facility.  This case is ongoing.

 

Administrative Advocacy and Litigation

 

  • Equip for Equality, the P&A for Illinois, filed litigation alleging systemic discrimination against deaf and hard of hearing inmates, including failing to provide ASL interpreters, technological assistance and other alternate forms of communication. The claims were based in the ADA, Rehab Act, Religious Land Use and Institutionalized Persons Act, and the First, Eighth, and Fourteenth Amendments of the U.S. Constitution. As a result of these systemic violations, the plaintiffs alleged that inmates were endangered and deprived access to a variety of prison services and programs, including religious services, healthcare, educational and vocational programs, telephones, televisions, library services, disciplinary proceedings, grievances, and pre-release programs. Settlement negotiations in this case were unsuccessful. Class certification has been granted and the parties are now preparing for trial.

 

  • Disability Rights Idaho filed a federal lawsuit on behalf of an inmate who was deaf, alleging violations of the ADA and the Rehab Act for the prison’s failure to provide the inmate with access to video phone technology. After extensive discovery, the state’s correctional department settled the case by agreeing to provide the inmate with reasonable access to the technology. Under the terms of the settlement, the video phone was initially placed in a staff member’s office for use after hours. However, the settlement anticipates that the prison will relocate the phone to the dayroom and provide increased access when technologically feasible.

 

  • Following a year-long investigation and a report, the Alabama Disabilities Advocacy Program, the P&A for Alabama, along with co-counsel Southern Poverty Law Center, filed a federal lawsuit against the state’s department of corrections, claiming violations of the Eighth Amendment as well as the ADA and Rehab Act. The lawsuit alleged, among other things, that inmates with intellectual disabilities cannot adequately access the prisons’ medical system due to its reliance on written requests, which many inmates with cognitive disabilities cannot fill out. It further alleged that inmates with hearing impairments are unable to access medical services because they often miss medical call outs and pill line due to the prison’s failure to accommodate their disabilities. In 2016 the parties reached settlement  on the ADA and Rehab Act claims. In the settlement agreement, the state’s prison system agreed to implement a tracking system for identifying people with disabilities and their specific needs and to create an inclusive emergency preparedness plan. Extensive ADA training for agency personnel was also required, as well as the creation of a separate grievance and appeals process for ADA compliance concerns. Finally, all 28 of the state’s prisons must have an ADA coordinator, overseen by an appointed statewide coordinator.

 

  • As the designated P&A for Delaware, the Disabilities Law Program at the Community Legal Aid Society filed a claim under Delaware’s Equal Accommodations Act, a state statute similar to the ADA, on behalf of an inmate who was deaf. The claim was filed before the Delaware Human Relations Commission, an administrative body charged with investigating and enforcing discrimination complaints within the state. After a multi-day hearing, the Commission found that the prison’s delay in providing the inmate access to TTY for over nine days and the subsequent limitations placed on his use of the TTY (including requiring him to request calls through his counselor, limiting call times, limiting use to family emergencies and legal calls) amounted to a denial of reasonable accommodations. The Commission also found that the prison had failed to provide qualified interpreters for prison programming and the provision of programming via computer as opposed to in a group setting was not a reasonable accommodation. The Commission further found that given the importance and infrequency of classification reviews, qualified interpreters should have been provided for the inmate and requiring the inmate to communicate only in writing, when he does not fully comprehend spoken English, amounts to a denial of reasonable accommodations as well. The Commission awarded the inmate compensation for his emotional distress and fined the prison; it also awarded attorney’s fees and costs.

 

  • The Advocacy Center of Louisiana, the P&A for Louisiana, filed a lawsuit in federal court on behalf of a prisoner with vision impairments. The lawsuit alleged violations of the ADA and Rehab Act. The subsequent settlement directed that the prison provide the inmate with access to a closed circuit television (CCTV) in the library as well as a hand-held CCTV. The settlement also directed that the prison maintain all inmate forms in large print.

 

  • The National Disability Rights Network, along with the National Association of the Deaf, submitted comments to the Federal Communications Commission in response to 2016 rulemaking regarding interstate phone services for inmates. While the comments addressed the need for improved rates and access to TTY, they also identified the growing need for a more comprehensive communication system for inmates who are deaf, hard of hearing, or have communication disabilities. Specifically, the comments highlighted the need for increased access to telecommunications relay services and video relay services in the correctional setting.  In support of this recommendation, the organizations pointed to recent litigation brought by the Idaho P&A around this issue; the comments also requested clearer guidance as well as meaningful enforcement from both the Commission as well as the U.S. Department of Justice on issues relating to telecommunication access for inmates.

 

  • After almost two years of investigation, including reviewing thousands of pages of records and interviewing dozens of inmates, Disability Rights Florida filed a federal lawsuit against the state’s prison system. With the P&A serving as organizational plaintiff, the suit accuses the state prisons of routinely violating the ADA and Rehab Act, as well as the Eighth Amendment and Due Process Clause of the Fourteenth Amendment. Among the claims presented is an allegation that the state’s prison system has failed to provide qualified sign language interpreters and other auxiliary aids and services during critical interactions such as medical appointments, disciplinary hearings, and educational programs, and has further failed to provide meaningful telecommunications access to deaf prisoners. The P&A is seeking an injunction requiring the system to, among other things, comply with federal disability laws, provide prisoners with the aids and services they need, structurally modify prisons where necessary to ensure equal access, and train its staff to ensure ongoing compliance.

 

  • The Disabilities Law Program at the Community Legal Aid Society, the Delaware P&A, commenced an administrative proceeding on behalf of an individual on parole who was not provided with an interpreter for meetings with his parole officer. The claim was filed with the state’s Human Relations Commission and alleged violations of the state’s Equal Accommodations Law. The case was settled, resulting in the creation of a new policy that required the provision of qualified sign language interpreters for all probation and parole meetings with deaf or hard of hearing individuals. The settlement also provided for additional training for staff regarding TTY and deaf relay services. The individual plaintiff was also awarded damages.

The AVID Prison Project is a collaboration between The Arizona Center for Disability Law, Disability Law Colorado, The Advocacy Center of Louisiana, Disability Rights New York, Protection and Advocacy for People with Disabilities of South Carolina, Disability Rights Texas, Disability Rights Washington and The National Disability Rights Network.