Impact of Language Access and the Requirements of Title VI on

Law EnforcementSeptember 29, 2017

2-3:30pm Central Time

Michael P. LaRiviere, Victim Services, Salem Police Department

This project was supported by Grant No. 2015-TA-AX-K027 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this

(document/program/exhibit) are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Thank you for joining us today!

The materials are available on our website: http://www.bwjp.org/training/webinar-impact-language-access-requirements-title-vi-law-enforcement.html

AUDIO OPTIONS

The audio component can be heard by VoiceoverIP (VoIP) or telephone:

VoIP: Select "connect" to internet audio on the Start tab to get your audio streaming through your computer.

Telephone: Select “I am dialed in” on the Start tab and dial in from you telephone. Your standard long distance charges will apply .

Dial-in: 641-715-3670 Passcode: 732746

AUDIO TROUBLESHOOTING for VoIP

•Verify you selected “connect” to the internet audio

•If your computer & speaker volume are turned all the way up, & volume is too low, run the audio wizard under “Tools” at the top of your screen.

•If still low volume, try a headset (which is recommended).

•Lastly, if all your troubleshooting attempts have failed please dial in from a telephone. Your computer &/or network don’t have the requirements (bandwidth, memory, etc) for VoIP on this webinar.

Webinar September 29th 2017

The Impact of Language Access and The Requirements

of Law Enforcement Under Title VI

Battered Women’s Justice Project

Source of Law

Title VI- No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial aid assistance.

LEP Executive Order 13166 (2001)Requires all agencies receiving any federal financialassistance to: Ensure meaningful language access Develop and implement language access plans “Where the denial or delay of access may have life or death

or other serious implications, the importance of the fulland effective delivery of LEP services is at its zenith.”

Points of Identification

Dispatch Walk-in On the scene Accompanying service agency

(e.g., Child Protective Services) Call into station Others?

Law Enforcement Officers

What do you do when you arrive at a crime scene?

First Response

Locate and secure the scene Are there any weapons? Is anyone injured? Identify the people involved:

Victim Offender Witnesses

If offender is not on the scene: Where is the suspect? Are they a continuing danger? Is suspect in possession of weapon?

What do you do when the individuals at the scene are

LEP?

How can you get the information you need to secure the scene?

DOJ and Exigent Circumstances

Use the most reliable temporary interpreter available to address exigent circumstancesFleeing suspectWeaponsLife threatening to the officer /victim/or public

DOJ Requirements for Investigations & Interrogations

“A qualified interpreter shall be used for any interrogation or taking of a formal statement where the suspect or witness’ legal rights could be adversely impacted” Criminal interrogations Crime witness interviews

Vital written materials translated into primary language Miranda warnings

Bilingual Officer v.

Qualified Interpreter

Exigency Shifts to Investigation 11

Now that the emergency is over, how do you work with victims,

witnesses, and offenders who are limited English proficient (LEP)?

The Investigation Begins

Calldetective CallFire/Rescue Takeinitialstatements Callcrimescene Photograph Formalinterviewsatthestation Developprobablecause Preparecaseforprosecution

LanguageResources

Language Line Video Remote Interpretation Immigrant community based

organization partners Health care providers School systems

Using Qualified Interpreters

Benefits Safety ID offender Locate weapons Admissible statements

(Excited Utterances) Offender Accountability

Harms Mistaken ID of offender Risk to LE/Others Arrest of victim Misinterpretation

results in inaccurate statements

Trauma to children Negative Impact on

cases

Jose Lopez Meza - 2008

Charged with first degree murder – Charge was dropped to manslaughter Baby died after Meza shook his 3 week old son so

violently the child’s brain began to swell, ultimately killing him

Detectives used a Spanish speaking officer to assist with the interview

Review of the tapes by court appointed certified interpreters revealed that the officer interpreting left out some of the information, misinterpreted several statements made by the suspect and the detective

Certified:Passedlanguagetestingspecializinginlegalormedicalsettings;shouldprovidecertificationnumberandstate;nativeornearnativefluency

Registered:completedanEnglishfluencytest;shouldprovideregistrationnumberandstateregistered

Qualified:Maynotbecertifiedorregistered,buthascompletedinterpretertrainings,fluentinbothlanguages,andunderstandsinterpreterethicsandcanons

Assessing Interpretation Ability

Tips for Working with Interpreters

Control the interview Pre-session with the interpreter

Where are they located? Establish what your rules are

□ how do you want the interpreter to interpret?

Interpreter has to interpret everything that you say Example: when you are explaining confidentiality

Spotting an Ineffective Interpreter

Can you understand the interpreter? Does the LEP individual look confused? Does the interpreter appear confused? Is the interpreter engaging in side conversations? Is the interpreter engaging in conversations with the

individual before/after the interpretation meeting? Is the interpreter summarizing? Is everything being interpreted? Is there a change in the individual’s demeanor?

Relying on relatives, children, or friends to interpret for clients

Only bilingual are used as interpreters, in addition to the other staff job responsibilities

No formal arrangements are in place to hire competent interpreters

Staff does know how to contract for interpretation services

Staff are turning away LEP individuals No translated materials

Signs You Need a Policy and Plan

NationalImmigrantWomen'sAdvocacyProjectattheAmericanUniversityWashingtonCollegeofLaw

33

Developing an Effective Language Access Plan

Language Access

Plan

Identification and

assessment of LEP

communities

Collaboration with LEP

communities and other

stakeholders

Description of timeframes,

objectives and benchmarks

Identification of persons who

will implement the plan

Identification of funding and procurement

strategies

Staff training on policies and procedures

Outreach to notify survivors

of language assistance services

Monitoring and updating of

policies, plan and procedures

21

How does the LEP population come into contact with your agency?

Who is your LEP population? How are you serving LEP populations? What trainings for staff do you have in place? How do you reach your LEP populations? What are your policies and procedures?

LEP Plan Self Assessment

NationalImmigrantWomen'sAdvocacyProjectattheAmericanUniversityWashingtonCollegeofLaw 36

Creating Language Accessibility

Policy: Standards and Guidance -These include definitions, authorities cited, and the relation to organizational work Plan: Map/Blueprint Who will implement? Staff training and procedures? Identifying LEP/Deaf and hard of hearing communities Monitoring effectiveness and updating policies Outreach and Notices to LEP communities How will you provide meaningful access?

Procedures Detailed explanations that specify steps to achieve access

including staff roles, phone numbers, and interpreter contact process NationalImmigrantWomen'sAdvocacyProjectatthe

AmericanUniversityWashingtonCollegeofLaw37

Training on Policies, Protocol and Procedures

Training for bilingual officers, advocates, civilian employees and others on interpretation (Across Jurisdictions)

Qualified interpreter assessments Access to over the phone interpretation for officers, detectives

and other department staff Expected acquirement of audio/video all inclusive interpreter

stations Development of language access policies, procedures and

protocols Action and procedure memo’s that support meaningful

response Collaboration with service providers, others Community outreach

Some things SPD is doing to address Language Access

Questions

NationalImmigrantWomen'sAdvocacyProjectattheAmericanUniversityWashingtonCollegeof

Law26

Michael LaRivieremlariviere@salempd.net