Mo Doc Procedure Manual for Disabled Prisoners 2011
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MISSOURI DEPARTMENT OF CORRECTIONS DEPARTMENT PROCEDURE MANUAL Effective Date: D5-5.2 Disabled Offenders July 24, 20 II George A. Lombardi, Department Director I. PURPOSE: This procedure has been developed to establish guidelines for the assessment and accommodation of offenders that qualify under the Americans with Disabilities Act (ADA). A. AUTHORITY: Section 217.040 RSMo and Americans with Disabilities Act. B. APPLICABILITY: All divisions of the department. II. DEFINITIONS: A. Americans with Disabilities Act Department Coordinator: A staff member appointed by the department director to receive and act on all Americans with Disabilities Act complaints/grievancesand proposed resolutions received from American With Disabilities Act site coordinators or those received at the department level. B. Americans with Disabilities Act Site Coordinator: A staffmember appointed at each worksite to address and propose resolutions to Americans with Disabilities complaints/grievances at that location. C. Auxiliary Aids and Services: Includes qualified interpreters or other effective methods ofmaking aurally delivered materials available to individuals with hearing impairments: qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impainnents; acquisition or modification of equipment or devices; and other similar services and actions. D. Blind: Visual acuity of 20/200 or less in the better eye with corrective lens, or the widest diameter of visual field is no greater than 20 degrees. E. Bona-Fide Vendor: For the purpose of this procedure, a legitimate entity that is primarily engaged in the sale or repair of durable medical equipment. F. Chief Administrative Officer: The chief administrative officer is the highest ranking individual at the worksite, as designated below. Exception: Staff at the worksite who do not report to the worksite chief administrative officer will be accountable to the deputy/assistant division directors/central office section heads who are in their chain ofcommand. 1. Director's Office a. 2. Deputy Department Director Department Sections in the Director's Office: a. Deputy Department Director MADDEN -343 DS-S.2 Disabled Offenders Effective Date: July 24, 2011 b. 3. Central Office Section Heads Division ofProbation and Parole: a. b. c. d. e. f. g. 4. Page 2 000 Division director/designee Chief State Supervisor Assistant Division director/designee Regional Administrator Superintendents Field Service Administrators District Administmtors Division of Adult Institutions a, Division director/designee b. Deputy Division director/designee c. Assistant to Division director/designee d. Wardens 5. Division of Offender Rehabilitative Services a. b. c. d. Division director/designee Assistant Division director/designees Wardens Central Office Section Heads 6. Division of Human Services a.. Division director/designee b. Central Office Section Heads c. Regional Training Administrators G. Disability: A physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment or being regarded as having such an impairment. H. Qualified Offender with a Disability: An offender with a disability who, with or without reasonable modifications to rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. L Reasonable Accommodation: Modifications or adjustments that make existing facilities used by offenders readily accessible to and usable by individuals with disabilities andlor the acquisition or modification of equipment or devices to assist in services, progranuning and activities taking into account safety and security concerns. J. Reasonable Modification: Any change in policy, practice or procedure that is necessary to avoid discrimination on the basis of disability that does not fundamentally alter the nature of the service, program or activity the qualified offender seeks to attend. K. Temporary Disabilities: A temporary impairment that substantially limits a major life activity. Whether a temporary impairment is significant enough to be a qualified disability shaH be resolved on a case-by-case basis taking into consideration both the duration, or expected duration of the impairment and the extent to which it actually limits life activity. MADDEN-344 DS-S.2 Disabled Offenders Effective Date: July 24, 2011 Page 3 oflO III. PROCEDURES: A DEPARTMENT COORDINATOR: I. The director of the division of human services will serve as the Americans with Disabilities Act department coordinator, responsible for providing assistance to the Americans with Disabilities Act site coordinators. a. The Americans with Disabilities Act department coordinator will monitor compliance with the requirements of the Americans with Disabilities Act as relevant to the offender population, staff and the public. b. The Americans with Disabilities Act department coordinator will: (I) provide staff and offeuders guidauce relative to Americans with Disabilities Act issues aud acconunodations; (2) oversee the auxiliary aids aud services for qualified offeuders with disabilities; (3) maintain all necessary information about access to and the operatiou of available services; and (4) provide appropriate assistance regarding access to and proper use of the appropriate auxiliary aids and services available and contracts. B. SITE COORDINATORS: I. The chief administrative officer will designate Americans with Disabilities Act site coordinators for each work location. a. The Americans with Disabilities Act site coordinator shall: (I) provide oversight for the acquisition, maintenance, repair, replacement and distribution of auxiliary aids: (2) ensure and know where the appropriate auxiliary aids are stored, how to operate them and where to obtain services; (3) (4) maintain a record system for inquiries regarding provision of auxiliary aids and services and responses; and monitor compliance with the requirements of the Americans with Disabilities Act and this procedure. (A) (B) The Americans with Disabilities Act site coordinator will submit a written memorandum to the chief administrative officer of any relevant Americans with Disabilities Act issue within 2 working days ofbeiug notified by an offender or staff member. The Americans with Disabilities Act site coordinator will submit the Americans with Disabilities Act Complaints/Grievances Report (Attachment A) to the chief administrative officer and the Americans with Disabilities Act departmeut coordinator by the 5'" -of each month for the preceding month. MADDEN-345 Page 4 of 10 DS-S.2 Disabled Offenders Effective Date: Jnly 24, 2011 C. REASONABLE MODIFICATIONS: 1. Disabled offenders will be provided reasonable modifications that allow for the opportunity to participate in services, programs and activities which may include: a. reasonable modifications to policies, practices, or procedures; b. enabling access to services, programs and activities; c. providing access to auxiliary aids and services, wheelchairs and other adaptive equipment; (I) Offenders who are authorized by medical services to have wheelchairs may order their own personal wheelchairs to include motorized wheelchairs, with the approval of the warden. (A) Medical staff will review the need for the offender to have the wheelchair and approve a wheelchair other than state issued. (B) Medical staff will forward the request to the warden. The warden will review issues relative to safety and security and make a final determination. (C) d. Offenders will be responsible for the care, maintenance, repairs and cost of repairs of the wheelchair. Repairs will be made by a bona-fide vendor. free postage for outgoing mail for blind and other visually disabled offenders and offenders with other handicaps that can prevent normal reading upon their request. (I) The Americans with Disabilities Act site coordinator should make arrangements for free postage with mailroom staff and the local U.S. Post Office in accordance with institutional services procedures regarding offender mail. e. services from Wolfner Library which allow blind and other visually disabled persons access to books on tape sent through the mail, free of charge: (I) standard operating procedures will be established to develop a process for offenders to obtain itemsfrom the Wolfner Library, designating the following: (A) which staff member can approve orders from the Wolfner Library; (B) how the items will be ordered; (C) how the items will be processed in and out of the institution; (D) the number of items that may be ordered at one time; (E) the number of items the offender may have in possession at one time; (F) a process for tracking the items as items obtained from the Wolfuer Library will not be counted as personal property items and will not be included toward any limits on orders from outside vendors. D. IDENTIFICATION OF DISABLED OFFENDERS: MADDEN-346 DS-S.2 Disabled Offenders Effective Date: July 24, 2011 1. Page 5 of 10 Reasonable efforts will be made to identify disabled offenders at the reception and diagnostic centers, or as soon as possible after assigrunent to an institution. a. The identification process will be an interactive process which will include staff observations, offender reports, andlor medical assessment of an offender's disability. (1) All newly received offenders will be screened at the reception and diagnostic centers by reception and orientation staff during the diagnostic evaluatiou process. (A) (2) 2. If an offender appears to have, or claims to have, a disability, he' will be provided with the Notice ofRights for Offenders with Disahilities (Attachment B). If further assessment is reconunended, reception and diagnostic staff will refer the offender to medical staff. Offenders who have assistive devices in their possession will be allowed to retain them until the assessment is complete. 3. Deaf and hard of hearing offenders shall be identified in accordance with D5-5.l Deaf and Hard of Hearing Offenders. 4. Blind offenders shall be provided staff assistance during the diagnostic process. 5. Reception and orientation staff and medical staffwill explain the methods for reqnesting accommodations or modifications to the offender. a. Offenders who appear to have a disability, or who have been determined to have a disability will be provided the Request for Reasonable Acconunodation form (Attachment C). b. 6. Classification or medical staff should offer assistance if the offender's disability would impair his ability to complete the form. Medical staff shall complete the medical verification section of the Request for Reasonable Acconunodation form and consult with the classification staff, and as the need arises, the Americans with Disabilities Act site coordinator to determine the appropriate acconunodations for the offender. a. The classification staff shall review the Request for Reasonable Acconunodation form with the offender and obtain the offender's signature. b. If the offender does not agree with the determination, he may submit an appeal to the warden by completing the Appeal ofDeniaVModification ofRequest for Reasonable Acconunodation form (Attachment D). c. The original copy of the Request for Reasonable Acconunodation and/or the Appeal of DeniaVModification of Request for Reasonable Acconunodation should be placed in the medical file with copies to: (1) mental health staff, if the offender is referred for mental health services; I All references in this procedure to the male gender are used for convenience only and shall be construed to include both female and male genders. MADDEN-347 DS-S.2 Disabled Offenders Effective Date: July 24, 2011 d. 7. 8. Page 6 aflO (2) the functional unit manager/designee for placement in the classification file; (3) the education section for placement in the education file; (4) the Americans with Disabilities Act department coordinator; and (5) the offender. The warden/designee shall consult with the Americans with Disabilities Act department coordinator or general counsel if necessary. During the completion of the diagnostic assessment process, the caseworker at the receiving institution shall assess disabled offenders for the need of auxiliary aid services or assistive devices for the fonowing: a vocational skills; b. major life activities; c. commun~cation d. academic level; and e. medical, mental health and substance abuse assessment skills; Ifrequested by the offender, a sign may be placed on the offender's cell door identifying the offender's disability. E. PROVISION OF APPROPRIATE AUXILIARY AIDS AND SERVICES: I. Offenders shall be provided appropriate auxiliary aids or services that are necessary to facilitate effective participation in programs, activities and services, as soou as possible, after detennining that the aid or service is necessary. F. REASONABLE ACCOMMODATIONS: I. Disabled offenders, to the extent they are able, are responsible for making their needs known to medical staff or classificatiou staff. 2. The ability to reqnest reasonable accommodations will be an ongoing process throughout an offender's incarceration. 3. The initial determination made during the diagnostic and classification process shall follow the offender through any transfers unless a medical determination is made at the later date that modifies or removes the determination. 4. Appropriate reasonable accommodations may differ depending on the ability of the offender and the nature of the service, program or activity. 5. The functional unit manager will ensure offenders who are affected by this procedure receive accommodations as needed and consult the Americans with Disabilities Act site coordinator when assistance is needed. MADDEN-348 DS-S.2 Disabled Offenders Effective Date: Jnly 24, 2011 Page 7 of 10 6. Infonnation provided by the offender, medical staff and/or other persons qualified to evaluate disability and accommodation needs, will be used to detennine what accommodations are reasonable. 7. Safety and security concerns will take precedence over any accommodation afforded disabled offenders and may result in the temporary or pennanen! suspension of any accommodation. 8. If the action needed to provide effective access would create an undue burden by causing fundamental alteration of a service, program or activity, or undue financial and administrative burdens on the department, the action may not be required. a. Denials of accommodations based on undue burden will be referred through the chief administrative officer to the Americans with Disabilities Act department coordinator. b. If the action would create an undue burden, the department will investigate other means to provide effective access. 9. Chief administrative officers will develop a process to ensure staff receives updated infonnation regarding the specific needs of disabled offenders. 10. Requests for accommodations due to temporary disabilities will receive case-by-case evaluation and review by medical staff and the Americans with Disabilities Act site coordinator as the need arises. G. FACILITY/PROGRAM PLACEMENT: I. Disabled offenders will be assigned to facilities consistent with their health, safety, and security requirements. a. Accessible housing is available for disabled offenders and allows for inleraction with other offenders. b. Programs and services will be available and accessible to disabled offenders residing in the facility. 2. The following may require a consultation between the classification staff and the medical staff. If immediate action is necessary, the consultation must occur as soon as possible, but no later than 72 hours from the time the staff member becomes aware of the issue. a. housing and bed assigmnents; b. programming assigmnents; c. disciplinary measures; d. transfers to a facility for chronically ill, physically disabled, geriatric, seriously mentally ill or developmentally disabled offenders; e. offender work assignments; (1) Disabled offenders should be allowed the opportunity to participate in work programs, including work release as long as they otherwise quality for a position and are able to perfonn the essential functions of the job with or without reasonable accommodations. 3. Offender assistants will be assigned to provide assistance to disabled offenders unable to perform basic life functions if so requested by the disabled offender. a. This will be considered an offender work assigmnent. MADDEN -349 D5-5.2 Disabled Offenders Effective Date: July 24, 2011 Page 8 of 10 4. Disabled offenders will receive education, equipment and support necessary to perform self-care and personal hygiene in a reasonably private envirorunent by appropriate staff such as medical, physical therapists, audiologists, etc. H. COMMUNICATION: 1. Staffwill communicate information, announcements, procedures, and other directions to visually impaired offenders. r. USE OF MECHANICAL RESTRAINTS: I. Restraint of disabled offenders will be modified to accommodate an offeuder's disability while maintaining custody and control of the offender. 2. When possible, the use of mechauical restraints will not impede the offender's ability to communicate. J. SEARCHES: I. Disabled offenders will be searched consistent with established institutional security practices, but with consideration for the specific disability. 2. The chief of custody and security or, in his absence, the shift supervisor shall provide directions for searchiug an offender whose disability prevents a routine search. a. Standard operating procedures will be developed to address issues such as search methods and the use of mechanical restraints with disabled offenders. K. PROPERTY: I. Health care appliances and/or assistive devices will be evaluated by health care staff, the chief of custody and security aud Americans with Disabilities Act site coordinators. 2. Medical staff will prescribe specific items and determine whether the need is permanent or temporary. a. The health care provider will advise the offender's classification staff when the assistive device is no longer needed. 3. Wardens may permit offenders with assistive devices provided by the departmeut, to retain these items following release. a. The warden will consider the degree of need for the assistive device outside the correctional facility and the ability of the offender to provide his own device following release. b. The warden should consult with the Americans with Disabilities site and department coordinators, if necessary. L. REMOVAL OF ASSISTIVE DEVICES: 1. Assistive devices may be removed from an offender's possession under special circumstances, including but not limited to: a. disciplinary and administrative actions in which property removal is part of the authorized actions, such as disciplinary segregation and administrative segregation. MADDEN -350 Page 9 of 10 D5-5.2 Disabled Offenders Effective Date: July 24, 2011 b. where they may pose a safety or security hazard to the offender or to others. An example of this would possibly be when an offenderis placed on suicide watch or if the offender has used the device to harm himself or others. (I) 2. Authorized assistive devices which are essential to daily life functions and which do uot constitute a safety or security hazard should not be removed. a. Wheu assistive devices are removed from offenders, the health care authority/designee and warden must be notified as soon as possible and no later than 24 hours. (I) The person authorizing the removal will submit a written report to the warden prior to the end of that shift documenting the reason for the removal. b. Upon notification, an evaluation and assessment will begin of the offender's ability to function and the need for accommodation. c. Decisions regarding the continued denial of the assistive device must be made by the warden within 3 working days. (I) The warden will notify the appropriate deputy/assistant division director in these instances. M. EMERGENCY PROCEDURES: I. All facilities will develop emergency procedures for the safe evacuation of all disabled offenders. 2. Offenders with disabilities will be instructed on emergency procedures specific to their needs in accordance with staudard operating procedures. 3. Staff will be trained regarding the evacuation of disabled individuals by the supervisor of the assigned area, facility training staff or appropriate desiguee. IV. ATTACHMENTS A. 931-3919 B. C. 931-4462 D. 931-4461 Americans with Disabilities Act Complaints/Grievances Report Notice of Rights for Offeuders with Disabilities Request for Reasonable Accommodation form Appeal of DeniallModification of Request for Reasonable Accommodation form V. REFERENCES: A. D5-5.1 B. IS13-J.l Deaf and Hard ofHearing Offenders Offender Mail VI. HISTORY: A. Original Effective Date: B. Revised Effective Date: C. Revised Effective Date: July 26, 2008 May 15, 2010 July 24, 2011 MADDEN-351 .............. - .. · ..··-·-···..··-·------..--------....- - - - - - · - 1 - - - · ........ _.. _.. _--_._-_ .. _-_ _ __ _--_ [ - - - - - -..·-···························..·..- -..- - - - 1 1 - - · - - - - . - - - - ..- - - -- ----- ----- . - --------1---------·--1---- .......-- -..-- - - - --..- - - - - - - j - - - - - - - - -..- ·--1---- ----------- _ _-_._ . -----1-···········..··· _ ___ _ . .---- ---_ -. . ---.--.. - __ _- _.._ _-_._..- _.._.._._ _ ,,_.._ 'E . -. /- _ _. t:~0~;;~;~::.~;~:~~:.:~:.~~~~~~:t:~:::~~~=~:~:::~:~ ~=:=:~===. .~,==~~==-~~~~=~"=-= --=--=~ IdOmf~Jl~l ...·l MADDEN-352 NOTICE OF RIGHTS FOR OFFENDERS wrm DISABILmES THE RIGHT TO REASONABLE ACCOMODATIONS Disabled offenders have the right to receive "reasonable accommodations" to make programs and services more accessible. To ensure effective offender access to programs" activities, and services, the Department of Conedions shall: • • • Make reasonable modifications in policies, praclices, and/or procedures Remove barriers to access when appropriate; and/or Provide certain auxiliary aids and services If the action needed b> provide effective ao:ess creates an undue burden or poses a legitimate safety or security coilcem, the action shaD. not be required. Deaf and hearing-impaired offendersmay get anintetpreter and other services .tfacilities where needed in: -Diagnostic and dassliication activities -Instilutional Assessment and Oassjficalion Hearings -Regularlyschedule<1llea1tb"care .ppointmenis and programs -MiosouriSex Offender Program -5ubetance abuse treatment and other formal programming -Educational and vocational classes and activities -DisciplinaIy hearings -Formal investigations -Hearings belore the parole board andanyparole"""""'" and interview process in preperaIionfor hearings HOW TO ASK FOR A REASONABLE ACCOMMODATION Disabled offenders mustask the caseworker or medical otaf£ for the Request for Reasonable Accommodationfann to submit per procedure. HOW TO MAKE COMPLAINTS Offenders who are denied a reasonable accommodation or believe they were discriminated against by department staffbecause of their elisablllties may file. grievance through the grievance process. D1S11UIlUTION: This notioe shal1be posted in prominent places at each Department facility. MADDEN -353 ... • STATE OF MISSOURI DEPARTMENT OF CORRECTIONS . DATE REQUEST FOR REASONABLE ACCOMMODATIONS DOC 1m. OFFENDER NAME o I DO NOT REQUEST REASONABLE ACCOMMODATIONS o I REQUEST REASONABLE ACCOMMODATIONS AS INDICATED BELOW FOR THE FOLLOWING PROGRAM OR SERVICE: CHECK TO INDICATE REQUEST VISUAL IMPAIRMENT HEARING IMPAIRMENT REQUESTED ~ o Qualified Sign Lang. Interpreter 0 9 o T.T.Y.IT.D.O. 0 ~ 0 cc o Telephone Amplifier o Closed Caplion TVNCR o Hearing Aids/Batteries o Olher 0 0 0 PHYSICAL IMPAIRMENT A~PROVED APPROVEO REOUESTED o large Print o Orientation & Mobility Instruct. o Mobility Assistants o Guidance Cane o Support Cane o Braille Prinl o Braille Equipment o Magnifiers o Other OFFENDER SIG.NATt)AE REQUESTED APPROVED 0 o Wheelchair 0 D Crutches 0 o Cane 0 0 0 0 0 0 0 0 0 o Walker o Lower Bunk o First Floor Assignment o Dorm Proximity to Meals 0 0 0 0 0 Delher IJ«EAPAETEA PRESENT I PAINTED CLASSIFICATION STAFF NAMEITITLE DYES ONO CLASSIFICATION STAFF SIGNATURE MEDICAL DETERMINATIONNERIFICATION (Use Established DefinitIons o Severe Visual Impairment o Functional Hearing Impairment o No Medical Verification D Deaf {Severe Hearing Impairment) o Physical Impairment EXPLAIN DSfind MEDiCAL REASONABLE ACCOMMODATiON DETERMINATION RECOMMENDATION The reasonable accommodations requested above have been: o Approved as requested o Modified o Denied O"E Accommodations which have been approved are marked above lID Explanation: I MEOICAL ~AFF SIGNATURE PRINTED MEOlCALSTAFI' NAMEITlTLE 0"' Return and consult with the staff member whose name appears next to the offender's signature above. This section is to be comoleled bv the offender. o I agree with this determination. o I wanllhe Superinlendenlto review any request lhal has been modified or denied. o I wanl 10 meet wJth the Superintendsnl or her/his designee during this review. o I wanlto have an interpreter wllh me or olher assislive device during Ihis meeting. OATE OFFENDER SIGNATURE . I PRINTED STAFF NAMElTfTlE ,. 093 4462 (9·05 " J STAFF SIGNATURE DATE OISTRIBlfTION, WHITE· IAEOlCALFltE CANARY· CLASSIFlCAnON FILE PINK· EDUCATION FILE GOLDENROD· ADA COORDINATOR/CO BLUE. OFFENDER MADDEN-354 ~PPEAl"OF DENIAUMODIFICATION OF REQUEST • OAlE FOR REASONABLE ACCOMMODATIONS This section Is 10 be completed by lhe offender. ,=~ OFFENOER NAME OOCNO. FACILITY DATE OF REOUEST My request for a reasonable accommodaUon (describe why lhe accommodation Is necessary) .,..."..,.,.. ._.. - .",.-.-. _..- .-. - . .. -,"'~ . - -" ._=-. -~ .. _._- ~.".- i I has been D denied o modified (explain) 1 I I I OFFENDER SIGNATUAE OA<E PRWTEO GLASSIF1CAll0N ST/lFF NAMEITlTtE DATE 'CLASSIFICATION STAFf SIBNATURE I SUPERINTENDENT'S REVIEW/RESPONSE Suoerfnlendent's deslanee maY conduct this revlew\ DATE RECEIVED DATE OF MEETING WITH OffENDER (IF NECESSARY) Your r~quest lor reasonable accommodation has been o approved as requested o modified o denied Explanation: IF APPLICAaLE WAS SIGN LANGUAGE INTERPRETER USED AT THIS MEETING? DYES DNO IF NOT. EXPLAIN WHY NOT CATE SUPERINTENDENTIDESIGNEE SIGNATURE This seclion is to be completed bv the offender. Dr have been advised of my right to grieve this decision via lhe offender grIevance procedure. DATE JFFENDER SIGNATURE I 'RINTED STAFF NAMEITITLE 1 1! J 931 4481 [7.{l4) I DATE STAFF SIGNATURE , • DiSTRIBUTION. WHITE MEDICAL ALE CANARV CLASSIFICATION FILE INK EOUC TION FILE GOLDENROD· ADA COOAOINATORlCO BLUE. OFFENOER MADDEN-355