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AA 03 ADA

Version 1.1 by Ryan Larkin on 2016/09/02 17:07

Washington County Sheriff's Office

ADMINISTRATIVE DIVISION

Policy Manual

Volume: AA

Organization

Chapter: 03

ADA

Replaces and/or Supersedes:

PC 01, PC 02, PC 03

Published:

11/28/2011

Review Date:

11/28/2012

Sheriff Cory C. Pulsipher

Undersheriff Bart Bailey

TABLE OF CONTENTS

AA 03_101  Definitions

AA 03_102  References

AA 03_103  General

AA 03_104  Auxiliary Aids

AA 03_105  Removal of Barriers

AA 03_106  Management

AA 03_101  DEFINITIONS

  1. WCSO:  Washington County Sheriff's Office
  2. PCF:  Purgatory Correctional Facility
  3. ADA:  Americans with Disabilities Act
  4. Major Life Activities"  Functions such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working, as well as the operation of a major bodily function, including functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
  5. Physical or Mental Impairment:  Any physiological disorder, condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; and includes, but is not limited to, such contagious and noncontagious 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 asymtomatic), tuberculosis, drug addiction, and alcoholism.
  6. Disability:  With respect to an individual, broad coverage of a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of such an impairment, or being regarded as having such an impairment.

AA 03_102 REFERENCES

  1. Utah Sheriffs' Association Jail Standards:
    1. O01.01.01:  Written Policies and Procedures Providing Principles and Intent Required
    2. O01.01.02:  Content
    3. O01.01.03:  County Attorney Review
    4. O01.02.01:  Intent of Standards
    5. O01.02.02:  Disabilities Covered
    6. O01.02.03:  Persons Covered
    7. O02.01.01:  Written Access Policies and Procedures Required
    8. O02.01.02:  Content
    9. O02.02.01:  General Requirements
    10. O02.02.02:  Providing Auxiliary Aids and Services
    11. O02.02.03:  Exception to Providing Auxiliary Aids
    12. O02.02.04:  Removal of Barriers
    13. O02.02.06:  Exceptions to the Requirement to Remove Barriers
    14. O04.01.01:  Written Compliance Management Policies and Procedures Required
    15. O04.01.02:  Content
    16. O04.01.03:  County Attorney Review
    17. O04.02.01:  Self Evaluation
    18. O04.02.02:  Designation of Responsible Employee
    19. O04.02.03:  Complaint Procedure

AA 03_103  GENERAL

  1. Policy:
    1. The WCSO shall not discriminate on the basis of a person's disability, unless otherwise legally permitted to do so.
    2. The WCSO shall provide, in good faith, reasonable accommodation and access to disabled persons by making facilities readily accessible to and usable by persons with disabilities.
    3. The WCSO shall comply with the provisions of the ADA. Compliance shall apply to all services, programs, and activities provided or made available by the WCSO.
    4. The types of disabilities include physical and mental impairments that substantially limit one or more major life activity.
    5. Persons for whom reasonable accommodation and access should be provided include disabled staff, inmates, and the public who visit or have other legitimate business at the WCSO or PCF. The manner in which each classification of persons will be provided accommodation and access should be balanced with the jail's safety, security, operational, and other legitimate interests.
    6. New construction projects shall conform with ADA regulations.
  2. Rationale:
    1. Reasonable accommodation for disabled persons is required by the ADA.
    2. The needs, rights, and interests are different for inmates, staff, and the public. Even among members of each group, circumstances, needs, and interests may differ; thus, the manner of accommodating each will necessarily vary.

AA 03_1004  AUXILIARY AIDS

  1. Policy:
    1. The WCSO should provide auxiliary aids and/or services when appropriate or necessary to reasonably ensure adequate communication for persons with hearing, vision, and/or speech disabilities.
    2. Auxiliary aids are not required when providing such auxiliary aids would constitute an undue hardship.
  2. Rationale:
    1. Auxiliary services and aids are an important means of meeting some requirements for ensuring effective communications (making aurally and visually delivered information available to persons with hearing, speech, and vision impairments).

AA 03_105  REMOVAL OF BARRIERS

  1. Policy:
    1. Physical barriers to effective communication and access to services should be removed.
    2. Removal of barriers is not required if:
      1. It would result in a fundamental alteration in the nature of a service, program, or activity; or
      2. Removal would result in an undue burden.
  2. Rationale:
    1. The removal of physical barriers may be required in order to reasonably accommodate a disabled person.

AA 03_1006  MANAGEMENT

  1. Policy:
    1. The WCSO shall evaluate its services, policies, and practices and make necessary modifications to achieve compliance with the requirements of the ADA.
    2. The Undersheriff or designee shall be responsible to coordinate compliance with the ADA.
    3. Complaint procedures shall be posted to the public via the WCSO's website. Inmates may address ADA complaints via the inmate grievance system (reference policy: CG 03 Inmate Grievances).
  2. Rationale:
    1. Self-evaluation is required under the ADA.
    2. Adopting and publishing grievance procedures for public entities that employ 50 or more persons is required by title II of the ADA.