Jefferson County Sheriff's Office Agrees to New Policies to Improve Communication with Individuals Who Are Deaf and Hard-of-Hearing

DENVER - The United States Attorney's Office for the District of Colorado announced that the Jefferson County Sheriff's Office (JCSO) has agreed to adopt a set of policies to ensure effective communication with individuals who are deaf and hard-of-hearing. As described in the agreement, the changes in policy were obtained after an investigation into complaints by two individuals who are deaf, who each claimed that JCSO deputies had violated the Americans with Disabilities Act (ADA) by not providing them with aids and services they needed to effectively communicate in connection with their arrests and bookings.

Title II of the ADA requires public entities, including law enforcement agencies, to provide appropriate auxiliary aids and services to ensure effective communication with individuals who are deaf or hard-of-hearing. Auxiliary aids and services can include items such as computers with video communication software or qualified in-person interpreters. The United States Attorney's Office investigated the two complaints referenced above, as well as interactions the JCSO has had with other individuals who are deaf and hard-of-hearing, and the JCSO's policies and procedures for such interactions. The investigation revealed that some existing policies were not always followed and other policies needed improvement.

To address these issues relating to JCSO's interactions with individuals who are deaf or hard-of-hearing, the United States obtained an agreement that requires JCSO to undertake several reforms, including adopting several new policies and ensuring that those policies are understood and followed:

• When JCSO patrol deputies encounter individuals who are deaf or hard-of-hearing, they will assess whether those individuals need auxiliary aids and services and provide them if needed.
• JCSO employees will be required to notify a supervisor any time they encounter an individual who is deaf or hard-of-hearing, and if that person is en route to the jail, JCSO patrol deputies will notify dispatch staff, who in turn will notify booking staff.
• JCSO employees working at the jail will ensure that detainees who are deaf or hard-of-hearing are able to access technology that enables them to communicate with family, friends, and their attorneys.
• JCSO employees in patrol, booking, and jail operations will receive job-specific training on effective communication policies and operations involving individuals who are deaf or hard-of-hearing.
• JCSO patrol officers who fail to assess and document the communication needs of individuals who are deaf or hard-of-hearing may be required to receive more training or face discipline.

"When law enforcement interacts with individuals who are deaf or hard-of-hearing, effective communication requires the use of appropriate aids and services," said Acting U.S. Attorney Matt Kirsch. "We are pleased that the Jefferson County Sheriff's Office has agreed to take steps not only to improve their policies on interacting with individuals who are deaf and hard-of-hearing, but also to ensure that JCSO employees know how to put those policies into action. The measures announced today will help both law enforcement officers and individuals who are deaf and hard-of-hearing by ensuring effective communication."

This case was handled by Assistant U.S. Attorney Zeyen Wu.

Link to Settlement Agreement