no interpreters in jail

[Interpretrator]

Smarminess doesn't become anyone cept maybe stand-up comics.

You mean you haven't caught my act?

Seriously, I didn't intend smarminess there, I was just being silly.

 

[Tousi]

Interpretator, I didn't mean you. Since I'm here, I might as well tell ya that I'm impressed with you over-all. I shall not say anything further about the other thing cuz I knew I shouldn't have said what I did just as I clicked the "Submit" button. Anyone else figgers it out, tis all water under da bridge, ok?

Now back to our regular programming.

Interpretator, where were ya being "silly"?

 

[Etoile]

I'm sorry if I came across as snarky, it was meant to be informative. I did find it a little strange that you looked up section 508 of the ADA, but apparently didn't just google "section 508." But I didn't mean to come off as snotty or anything.

 

[Cousin Vinny]

What she said, and plus my point was that even if a private company is running the facility, the jail itself is not a private entity but must be some sort of county, city, state, or federal institution, and thus also subject to ADA. Unless it's, like, "Bob's Jail, Family Owned since 1956" or something.

Uh, I didn't get this part; I was under the impression that the jail involved in this story is a private organization. I am well aware that Federal, State, County, & City entities do subcontract incarceration duties to private entities.

From the fact pattern as presented in this thread, it appears the jail facility would be covered under the ADA, Title III. If the jail facility receives Federal funding (most likely), then it would also fall under the purview of Section 504 of the Rehabilitation Act. Moreover, state disability laws may also be applicable.

At any rate, accommodating disabled individuals in a restrictive environment such as an incarceration setting definitely poses challenges to the authorities in trying to comply with the letter, if not the spirit, of various disability laws. When I volunteered at a law center one summer (1998), I received quite a bit of calls from incarcerated inmates alleging some sort of disability discrimination. Hopefully, the accommodation situation for Deaf/HH inmates has improved since.

 

[zookeeper4321]

It is a county jail. I don't know how the funding works. I know the facility is ran by the private corp.

 

[MorriganTait]

Section 508 is indeed a law. It is an amendment to the Rehabilitation Act of 1973, added in 1986.

You said it yourself - it's an amendment to another act, not a freestanding, unrelated law. All I wanted to know was "Section 508 of what?" - it wouldn't be named "section" anything if it weren't a section of something. See what I am saying? That's all.

(I also found Section 508 of the ADA to be terribly hilarious considering.)

 

[Interpretrator]

Whoo, this thread is getting complicated! Okay, let's see...

Uh, I didn't get this part; I was under the impression that the jail involved in this story is a private organization. I am well aware that Federal, State, County, & City entities do subcontract incarceration duties to private entities.

It is a county jail. I don't know how the funding works. I know the facility is ran by the private corp.

I had assumed it worked the way zookeeper has confirmed it does. But Eyeth, you know a lot more about this than me because I never knew that government jails contract with private institutions for things other than food and cleaning. ARE there even such things as private jails? I was being facetious in my post (see below) but I'd be interested to know if these really exist.

Interpretator, where were ya being "silly"?

"Bob's Jail, Family Owned since 1956," although now I'm curious if there really are fully privately-run jails

I knew I shouldn't have said what I did just as I clicked the "Submit" button.

BOY do I hear you on that one. But I appreciate your kind comments.

 

[Cousin Vinny]

But Eyeth, you know a lot more about this than me because I never knew that government jails contract with private institutions for things other than food and cleaning. ARE there even such things as private jails? I was being facetious in my post (see below) but I'd be interested to know if these really exist.

Here's one example:

There's quite a bit more info about privately-run jail facilities if you Google them up.

 

[Beowulf]

"Bob's Jail, Family Owned since 1956," although now I'm curious if there really are fully privately-run jails.

Yup. Corrections Corporation of America is a major one.

 

[Interpretrator]

Fascinating! I had absolutely no idea. Thanks, Eyeth and Beowulf.

 

[MorriganTait]

although now I'm curious if there really are fully privately-run jails

The answer is yes and no. In the United States, it would be illegal to have a "jail" or "prison" that is not part of a state-related correctional system, even if not operated by the state itself. Our legal system requires due-process to imprison people, so any jail or prison would have to be recognized the the state, if not run by them. There are companies which build and administrate jails privately, but they are always at the request of the state, and financed, at least in part, by state funds (I use State in it's literal from - meaning ANY government entity, local, state or federal.) None-the-less, this doesn't seem to have any bearing on whether the ADA would apply. Most laws of this type would apply to any related facility regardless of who runs it.

Take this out of the context of Jail, and look at this scenario:

Galludet (a PRIVATE University) and Cal. State Northridge (a PUBLIC University) must both build wheelchair accessible restrooms under the ADA.

 

[Beowulf]

The answer is yes and no. In the United States, it would be illegal to have a "jail" or "prison" that is not part of a state-related correctional system, even if not operated by the state itself. Our legal system requires due-process to imprison people, so any jail or prison would have to be recognized the the state, if not run by them. There are companies which build and administrate jails privately, but they are always at the request of the state, and financed, at least in part, by state funds (I use State in it's literal from - meaning ANY government entity, local, state or federal.) None-the-less, this doesn't seem to have any bearing on whether the ADA would apply. Most laws of this type would apply to any related facility regardless of who runs it.

Take this out of the context of Jail, and look at this scenario:

Galludet (a PRIVATE University) and Cal. State Northridge (a PUBLIC University) must both build wheelchair accessible restrooms under the ADA.

Oh mannnnn...*smacking my head* Are you sure?? I cannot seem to find any verification.
I do recall a few years ago about a case in New Jersey where an out-of-state inmate escaped from a privately-owned prison and couldn't be charged with it because it wasn't illegal at the time. They closed such loopholes since then, I believe. At least, I THINK so.

 

[Cousin Vinny]

None-the-less, this doesn't seem to have any bearing on whether the ADA would apply. Most laws of this type would apply to any related facility regardless of who runs it.

Generally, you're correct, as it is a matter of semantics. However, it could make a difference. For example, there is an 'primary consideration' requirement in Title II of the ADA, whereas it does not exist in Title III.

Theoretically, a Deaf person's request for an ASL interpreter must be considered by a governmental-run jail, and more likely, will be granted. Under a privately-run facility covered by Title III of the ADA, the jail facility does not have to give consideration to a Deaf person's request for an ASL interpreter and could probably substitute (read: cheaper) a communications method that may be effective. (I've heard of jails insisting that using a TTY to facilitate communications between personnel and Deaf inmates met the communications requirement!)

Another example is that damages could be available under Title II, but not under Title III. (State laws also may allow damages for disability discrimation.) There are more differences between provisions of the ADA and other related disability statutes. So, it's best to really pinpoint which provision or combination thereof, of the ADA/Rehabilitation Act/State Statutes, would be applicable to a disability-related discrimination complaint.

 

[zookeeper4321]

OK, I ask you again, when do you think interpreters should be provided. Obviously it shouldn't have been required for the guy to tell him to f*** off the other day. What constitutes a need. I'm sure the legalities would go on and on. Just want some opinions.

 

[Cousin Vinny]

OK, I ask you again, when do you think interpreters should be provided. Obviously it shouldn't have been required for the guy to tell him to f*** off the other day. What constitutes a need. I'm sure the legalities would go on and on. Just want some opinions.

Here's some ideas;

When due process is implicated, i.e., a disciplinary proceeding, a parole hearing, etc.
Prison sponsored activities such as counseling, medical appointments, etc.

Admittedly, there's not a lot of jailhouse situations that screams out for the need of ASL interpreters for Deaf/HH inmates.

 

[MorriganTait]

Generally, you're correct, as it is a matter of semantics. However, it could make a difference. For example, there is an 'primary consideration' requirement in Title II of the ADA, whereas it does not exist in Title III.

OK - UNDER TITLE II:
SEC. 202. DISCRIMINATION.
Subject to the provisions of this title, no qualified individual with a
disability shall, by reason of such disability, be excluded from
participation in or be denied the benefits of the services, programs, or
activities of a public entity, or be subjected to discrimination by any such
entity.

I believe that by their relationship to the public sector, a jail would be considered a public entity, even if operated by a private company. In most respects, they must adhere to the same laws, rules and regulations that state run jails do. Like - they can't torture or starve people, they have to provide medical care, they cannot use inmates for forced labor, they have to accomodate transexuals in the same way a regular jail would, etc. But I guess it would be up to a court to decide if such a facility were a public or private entity. Since jails exist only to serve the public, and as a direct result of public proceedings, I just can't think of how they would be thought of us private.

(2) Authority of court.--In a civil action under paragraph (1)(B), the
court--
(A) may grant any equitable relief that such court considers to be
appropriate, including, to the extent required by this title--
(i) granting temporary, preliminary, or permanent relief;
(ii) providing an auxiliary aid or service, modification of
policy, practice, or procedure, or alternative method; and
(iii) making facilities readily accessible to and usable by
individuals with disabilities;
(B) may award such other relief as the court considers to be
appropriate, including monetary damages to persons aggrieved when
requested by the Attorney General; and
(C) may, to vindicate the public interest, assess a civil penalty
against the entity in an amount--
(i) not exceeding $50,000 for a first violation; and
(ii) not exceeding $100,000 for any subsequent violation.

 

[Etoile]

I believe that by their relationship to the public sector, a jail would be considered a public entity, even if operated by a private company. In most respects, they must adhere to the same laws, rules and regulations that state run jails do. Like - they can't torture or starve people, they have to provide medical care, they cannot use inmates for forced labor, they have to accomodate transexuals in the same way a regular jail would, etc. But I guess it would be up to a court to decide if such a facility were a public or private entity. Since jails exist only to serve the public, and as a direct result of public proceedings, I just can't think of how they would be thought of us private.

That's my thinking, too. As an interpreter in the DC area, I work for the government 100% of the time. I'm an employee of a private company, but because I'm working for the government I'm still bound by their rules. I just provide a service - they're still the ones in charge. Same with jails, I would think.

 

[zookeeper4321]

Ok, what can we do about it? Not to many people want to advocate inmate rights. I have to be careful about irritating my husbands employer. I haven't even told him about this post. Frankly I don't have a lot of use for most of the inmates, but they're still people. In this case Deaf people and Deaf people get screwed enough.

 

[Beowulf]

Here's some ideas;

When due process is implicated, i.e., a disciplinary proceeding, a parole hearing, etc.
Prison sponsored activities such as counseling, medical appointments, etc.

Admittedly, there's not a lot of jailhouse situations that screams out for the need of ASL interpreters for Deaf/HH inmates.

Except to use them as shields.

 

[MorriganTait]

Ok, what can we do about it? Not to many people want to advocate inmate rights. I have to be careful about irritating my husbands employer. I haven't even told him about this post. Frankly I don't have a lot of use for most of the inmates, but they're still people. In this case Deaf people and Deaf people get screwed enough.

To answer this question:

As for the actual issue -

A friend of mine works at the ADA Helpline for the Department of Justice. She answers questions like this all day long. You could give the ADA Helpline a call, they know what to do with this situation, I promise.

800-514-0301 (voice)
800-514-0383 (TTY)

Start here. I think they are probably the best place to start.