Accommodating Disabilities In Correctional Settings Correctional Services.

Accommodating Disabilities In Correctional SettingsCorrectional Services

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Accommodating Disabilities In Correctional Settings

Part 1: Key Terms

3Copyright © Texas Education Agency, 2011. All rights reserved.

Images and other multimedia content used with permission.

Key Terms

• Mental Disability• Accommodations• Mental Illness• Communication• Developmental

Disability

• Auxiliary Aids• Serious Mental Illness• Physical or Mental

Impairment• Mental Retardation



Key Terms (continued)

• Mental Disability – a developmental or psychological disorder, such as retardation, organic brain syndrome, emotional illness, or specific learning disability

• Accommodations – specialized housing units, treatment in regular housing, and/or diversion to other institutions and services




• Mental Illness – a disorder causing severe disturbances in thinking, feeling and relating that result in substantially diminished capacity for coping with the ordinary demands of life




• Developmental Disabilities – “normal” development fails to occur; diagnosis is determined by significant sub-average general intellectual functioning resulting in, or associated with, defects or impairments in adaptive behaviors such as personal Independence and social responsibility, with onset by age 18

• Communication – effective means of communicating may require auxiliary aids for speech, hearing, and vision impairments




• Serious Mental Illness – psychosis, schizophrenia, major affective disorder such as bipolar, or major depression that is likely to impair cognitive function and judgment but may include Axis I disorders

• Auxiliary Aids – assisted listening devices, telecommunications, devices for the deaf, taped texts, and qualified readers




• Physical or Mental Impairments – an impairment that substantially limits one or more major life functions, such as seeing, hearing, walking, and talking– includes traumatic brain injury, impaired hearing,

impaired mobility, impaired vision, heart disease, mental retardation and mental illness, HIV, and other chronic illnesses




• Mental Retardation – consists of significantly below average intellectual functioning with deficits in adaptive behavioral functioning which manifests itself prior to age 18




Part 2: Appropriate Procedures



Physical Disabilities

• Blind or visually impaired• Deaf• Physical mobility



Physical Disabilities:Blind or Visually Impaired• Identify yourself• State directions or

instructions clearly and completely

• Read documents aloud• Describe procedures

before fingerprinting or photographing

• Do not speak loudly

• Describe seating arrangements, placing a hand on the back of the chair

• Identify the person to whom you are speaking

• Avoid lapses in conversation without notifying the disabled individual



Physical Disabilities:Deaf• Categories– Deaf– Deaf but does not use

sign language– Deaf Blind– Hard of Hearing– Hearing Impaired

• Communication Methods– American Sign

Language– Oralism (lip reading)– Pen and paper– Nonverbal

communication



Physical Disabilities: Procedures for Deaf• Signal your presence by waving or lightly touching a

shoulder• Determine the best method of communication• Avoid shouting or speaking slowly• Not everyone can read lips; use hand gestures,

miming, and props• If interviewing, select an area free from distractions• Face the individual, keeping your eyes and mouth

visible



Physical Disabilities: Physical Mobility• Ask if you may assist them; do not make assumptions• Treat assistive devices as “personal space”• Position yourself in front of and at eye level• Move obstacles• Open and close doors to alleviate barriers• Be considerate of extra time needed to move• Remember an individual’s disability does not affect

his or her ability to communicate



Mental Illness

1. Complete assessments– An intake assessment by a licensed psychologist or

psychiatrist– Document the assessment results in records– Refer for assessment at the time disciplinary

charges are filed or at any point in the disciplinary process



Mental Illness (continued)

2. Look and listen for cues (symptoms) and evidence of mental illness– Grinning or laughter that is inappropriate–Moving lips without sound– Rapid blinking– Increased motor activity– Slow speech responses– Silence or withdrawing




3. It is okay to ask if a person receives services or takes medication

4. Continually assess the situation to be aware of potential danger– Do not let size influence you– People experiencing mental breakdowns may

demonstrate remarkable strength or endurance




5. Hallucinations or Delusions– The person hearing voices or seeing images

believes that they are real– Varying degrees of reality to the person suffering– The voices may be threatening if commands are

not followed– Hallucinations are elaborate and interwoven with

delusions– The person may become violent or catatonic




6. Maintain adequate space between you and the offender– Move into their “personal space” as slowly as possible– Seek information from the person regarding his or her beliefs and

perceptions– The person may be frightened and act out based on misconceptions– Ask them

• What are you experiencing?• What are you seeing or hearing?• Where is it located or where is it coming from?

– Persons may not be able to respond due to stimulation.




7. Respond to the apparent needs or feelings of the subject and be empathetic– Don’t meet hostility with hostility– Focus on the person’s emotional state rather than

perception or beliefs• Example: the offender tells you that the devil’s voice is

telling him that he will be taken away to eternal damnation at 8 p.m. Do not try to persuade him that the devil will not be taking him away at 8 p.m. Instead discuss what can be done to make him feel safer.




8. Be careful and use reflective listening, indicate that you are listening by saying– Tell me more about that.–What would help?–What would make you feel safer/calmer?

9. Reassure the offender that you are not going to harm him or her.



Mental Illness (continued)10. Give firm, simple, clear directions– Give one step at a time– Provide offenders with structure to create a sense

of time and space; knowing what to expect gives a person a sense of security, making him or her less anxious

– Allow plenty of time when you approach a situation

– Use parroting; have offenders repeat back to you what you said



Mental Illness (continued)11. Be calm and speak slowly

12. Do not argue or agree with the person about false perceptions or beliefs

13. Keep surroundings as low key as possible

14. State positive choices

15. Give the offender as many choices as needed to help them gain control of the situation

16. Preserve the individual’s dignity to the extent possible in the situation



Communication Disorders (continued)• Can stem from other

conditions such as learning disabilities, dyslexia, cerebral palsy, and mental retardation

• Be respectful; remember the offender is intellectually capable of conversation

• Address the offender directly

• Take time to listen• Verify your comprehension• Let the offender tell you if

they need help and what is needed

• Supplement spoken conversation with gestures

• Be mindful of background noise



Atypical Behavior:Autism• Speak in short, clear phrases• The offender may respond more slowly

because of fear• Keep away from the general population• Weak understanding of cause and effect• May become nonverbal under stress• Avoid touching if possible• Be patient



Atypical Behavior:Autism (continued)• May be unable to make eye contact• Use simple language; speak slowly and clearly• Use concrete terms and ideas• Repeat simple questions, allowing time for

responses• Use symbols or objects when talking



Communication Disorders

• Stuttering• Aphasia• Dysfluency• Voice Disorders– Hoarseness– Breathiness– Sudden breaks in

loudness or pitch

• Cleft lip or palate• Articulation problems• Delays in speech• Phonological disorders



Atypical Behavior: Mental Retardation• Make the offender feel safe and comfortable• Assure the offender that you are there to help;

calm them if they are agitated• Use a normal tone of voice, average speech,

and a non-threatening attitude• Use patience and proceed slowly to be certain

the offender understands



Atypical Behavior: Mental Retardation (continued)• Build trust by maintaining the same eye level as the

offender• Eliminate distractions• Use open-ended, simple statements, without

supplying answers• Provide feedback and be sincere; the person will pick

up on this and tend to respond in an open manner• Treat adults as adults; give them the same respect you

would any offender



Atypical Behavior: Mental Retardation (continued)• Do not assume that someone with a developmental disability is

incapable of understanding or communicating• Use firm and calm persistence if the offender fails to comply or acts

aggressive• Speak slowly and clearly• Use simple language and vocabulary• Keep sentences short• Break complicated series of instructions or information into smaller

parts• If possible, use visual aids, symbols, diagrams, and actions to help

convey meaning• Use concrete terms. Abstract ideas may confuse an offender with a

disability32

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Part 3: Protocols for Assistance



Protocols for Assistance• Assess the offender’s disability–Each offender will undergo an initial

psychological screening– If the offender has special needs he or she

will be referred for further evaluation



Protocols for Assistance (continued)• Determine if assistance is required– Always ask how you can help before giving

assistance. Ask whether or not there are any special considerations or items that need to be moved with the offender

– Treat adults in a manner befitting an adult– Never patronize people in wheelchairs by patting

them on the head or shoulder



Protocols for Assistance (continued)• Determine if assistance is required–When talking with a offender that has a disability,

look and speak directly to him or her– Offer assistance in a dignified manner with

sensitivity and respect. Be prepared to have your offer declined. If an offer is accepted, listen and accept the instructions

– Check the offender’s environment for hazards to safety and unnecessary barriers to access



Protocols for Assistance (continued)• Determine if assistance is required (continued)– The special education department will provide

educational services to eligible offenders with disabilities. They receive help in academic and vocational classes, computer-assisted instruction, speech therapy, Braille, large print materials, and sign language interpreters.

– Psychiatrists, psychologists, nurses, and other trained professionals are available to assist offenders with functioning



Assistance

• Furnish appropriate auxiliary aids and services • Use increased sensitivity, flexibility, and

awareness• Provide large print for the visually impaired• Use Relay Texas to communicate with the deaf• Use Sign language interpreters when needed• Utilize a notepad and written materials to

communicate with the hearing impaired




Part 4: Americans with Disabilities Act



Americans with Disabilities Act (ADA)• Title II – state and local governments must

allow equal access to programs, services, and activities. Correctional facilities must– Provide programs, services, and activities– Provide mental health evaluations and treatment– Design all common-use areas to be accessible



Americans with Disabilities Act (ADA) (continued)• Title IV – addresses telephone and television

access for people with hearing and speech disabilities– At least one public text telephone (TTY) must be

provided in at least one secured area– At least one TTY must be provided in public areas– Permanently installed phones must be provided

within housing cells, shall have volume control, and will comply with reach requirements



Americans with Disabilities Act (ADA) (continued)• Act of 1990, Section 504 “Accessible cells in

correctional facilities” – protects against discrimination of persons with disabilities, including inmates who use wheelchairs, scooters, walkers, and other mobility devices– Security is not effected– Basic features – Location and dispersion of cells– Furniture and cell features– 50% of all entrances accessible– One holding cell accessible



Americans with Disabilities Act (ADA) (continued)• Act of 1990, Section 504 (continued)– 5%, or at least one visiting cubicle, must be accessible

from both sides– 2%, or at least one housing or holding cell, must be

accessible– Dispersion must be within all categories of housing or

levels of security– Doors and doorways on an accessible route must

comply



Americans with Disabilities Act (ADA) (continued)• Act of 1990, Section 504 (continued)– At least one toilet must comply– Beds must have maneuvering space of at least 36

inches along one side– At least one drinking fountain or water cooler must

comply– All fixed seating and tables must be accessible in

offender, staff, and public areas– At least one fixed bench must be mounted 17-19

inches above the finished floor and provide back support



Cell Specifications

• Toilets– Accessible– Rear and side grab bars 36” long, 33–36” above the

floor– Flush valve accessible– Toilet 17–19” off floor– Centered 18” from the side wall– Space to approach from all angles– Placed in a 60-inch wide by 59-inch deep clear area of

the floor



Cell Specifications (continued)

• Sinks and Mirrors– Easy operation faucets

• Lever-operated• Push type• U-shaped

– Mirrors mounted with the bottom edge no more than 40” above floor

46

• Sink Knee Clearance– Pull under– 29” clearance front edge– 34” from floor– 27” high clearance for knees,

extending 8” from front of sink

– 9” high toe space– Hot water and drain covered– Clear floor space to approach

Copyright © Texas Education Agency, 2011. All rights reserved.Images and other multimedia content used with permission.

Cell Specifications (continued)

• Furniture– Desk no more than 34” high, 30” knee height,

and 19” knee depth– Beds 17-19” high– Desk clear floor space 30” x 48”, 19” under

desk– Bed transfer space must be 30” x 48”



Resources• TCLEOSE, Mental Health Peace Officer Course, Adele E. Leinbach, LMSW, LCDC and

Booker T. Joseph, Captain, Mental Health Deputy, Galveston County Sheriff’s Office• Texas Department of Criminal Justice (TDCJ) Parole Division- PD/POP 3.2.16

http://www.tdcj.state.tx.us/documents/parole/03.02.16_parole_policy.pdf• Treatment of Offenders with Mental Disorders, Journal of Criminal Law and Criminology,

Thomas F. Geraghty & Luis J Kraus, Fall 1998.• 0874776953, When Someone You Love has a Mental Illness, Rebecca Willis, MFT, 2003.• Texas Penal Code http://www.statutes.legis.state.tx.us• http://www.ada.gov/accessiblecells.htm• https://www.ncjrs.gov/pdffiles/amdisact.pdf• http://www.ada.arkansas.gov/adcar_pdf• http://www.med.unc.edu/ahs/sphs/card/tips-for-communicating• http://www.autismspectrumdisorderfoundation.org• Do an Internet search for the following:

– allbusiness– freelibrary



http://www.tdcj.state.tx.us/documents/parole/03.02.16_parole_policy.pdf

http://www.statutes.legis.state.tx.us/

http://www.ada.gov/accessiblecells.htm

https://www.ncjrs.gov/pdffiles/amdisact.pdf

http://www.ada.arkansas.gov/adcar_pdf

http://www.med.unc.edu/ahs/sphs/card/tips-for-communicating

http://www.autismspectrumdisorderfoundation.org/

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