MID-ATLANTIC ADA CENTER

ACCESSIBLE COMMUNICATION FOR DEAF AND HARDOF HEARING OFFENDERS: THE VIRGINIA EXPERIENCE
MAY 1, 2014
2:00 P.M. EDT

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This is being provided in a roughdraft format. Communication Access Realtime Translation (CART) is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings.

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> MODERATOR: So the time now is 2 o'clock and we will begin today's session. Marian, the floor is yours.

Slide 1

> MARIAN VESSELS: Good morning or good afternoon and welcome to accessible communications for deaf and hardofhearing offenders. We are pleased to have you join us today. A few little housekeeping details before we get to the webinar.

Slide 2

Listening to the webinar, if you are online please make sure your computer speakers are turned on or your headphones are plugged in. You can control the audio broadcast via the audio and video panel as you can see on the bar. If you have sound quality problems, please go to the audio wizard by selecting the microphone icon as shown.

Slide 3

If you are listening to us via telephone or like to, you can contact us at 14434530034. And the passcode is 368564. And note this is not a toll free number.
Slide 4

We are providing captioning today. We have a lot of captioning users. Realtime captioning is provided by opening the window by selecting the CC icon in the audio and video panel. You can resize the captioning window, change the font size and save the transcript.

Slide 5

We encourage you to submit questions throughout today's webinar. In the webinar you can double click on the MidAtlantic Center in the participant list at the very top to open a tab in the chat panel which is also keyboard F6 and arrow up and down and find the MidAtlantic ADA center. Type in your question in the chat box and hit enter. Your questions will be sent to the presenters and other participants will not be able to see it. You can also email us at .

Slide 6
If you are having any difficulties during the session, please use the chat panel to send a message to the MidAtlantic ADA center or email us at or call 3012170124.

Slide 7

This webinar is being archived. So the recording will be able to be accessed in a few days and the transcript within the next two weeks. You'll receive an email with information on accessing the archive.

Slide 8

It is my pleasure to introduce our two speakers today. Our first presenter will be Barry Marano. Barry began his career in the employment of the Virginia Department of Corrections as a correctional officer and became a counselor in 1987. He is a 36year veteran of the Virginia Department of Corrections. He has been the case management counselor senior and the ADA coordinator for all deaf and hearing impaired offenders since 2006. A major element of Mr.Barry Marano's ADA responsibilities are the operation of the video phone communication systems for the Deaf Offenders. This system required by legal agreement greatly enhances the contact between Deaf Offenders and their families. He manages other accommodations for the deaf and hardofhearing offenders, TTY access and various equipment requests.

Our second presenter will be Eric Aldridge. Eric began his career with the Virginia Department of Corrections as a counselor at the James River Work Center. He was deputy director of the Virginia Center for Behavior Rehabilitation. He was also the assistant warden of Marion Correctional Treatment Center. And he is currently the assistant warden of operations in the Powhatan Correctional Center. It is my pleasure to turn the mic over to Barry Marano.

Slide 8

> BARRY MARANO: Good afternoon, everyone. This afternoon we are going to discuss a recent settlement in 2010 between federal courts and the Deaf Offenders incarcerated in the Virginia Department of Corrections. And the object of this settlement was to enhance services and accommodations for the deaf population.

Slide 9

Some of the helpful definitions that we will be using today are Auxiliary Aids and Services and as you can see a number of these are outlined in slide 2.

Among them are TTYs, video text displays, written materials and video phones, access to telephone relay services and visual alert or alarm systems. When working within a correctional system you have to be very careful and to what accommodations Auxiliary Aids are allowing in to the institution. It took quite awhile for us to define what was acceptable in a correctional institution which may be enhancing communication with the Deaf Offenders here and also not presenting any threats or issues with the security.

Slide 10

On our next slide, No. 10, we define deaf the target population that we are providing these accommodations and services to. And by deaf we mean individuals who are unable to hear well enough to rely on their hearing as a means of processing information. Processing of information is critical in a correctional setting as the communications can, miscues can lead to a lot of conflicts and misunderstandings. Effective communication enhances security and brings us in accordance with our program directives.

Slide 11

Next slide, we are talking about direct threat which means a significant risk to the health or safety of Deaf Offenders or others within the facility. We are trying to afford the deaf population an opportunity to fully participate in and enjoy the benefits of services, programs and activities on a substantially equal basis as that is enjoyed by hearing offenders.

Slide 12

Next slide, offsite medical care, this is medical care that's not provided by the facility itself or owned by the Department of Corrections.
Now by offsite medical care we usually mean a public hospital that's used by the facility for specialized medical treatment. We must coordinate when we are dealing with offsite medical care the needs and accommodations for the Deaf Offender population. This requires a lot of coordination and experience by the staff.
By qualified interpreter, we mean a person who is able to interpret effectively and partially. Qualified interpreters are those who have received the training and certified and registered through the RID to provide such services. The Department of Corrections in Virginia uses a contractor that is nationally certified to provide such services.
Slide 13

The next slide we will talk we define TTYs and TTDs as devices that are quickly becoming outvoted but can communicate with persons who are deaf or hardofhearing. By employees we mean all the employees and contractors and agents of the Department of Corrections that have contact with Deaf Offenders along with their supervisors and agents. By video phone we mean a telephone with a camera and a screen for visual realtime communications which is one of the primary means for non-hearing people to communicate.

Slide 14

And slide 14, general policy we describe as a nondiscrimination based on disability. These are unposted release supervision by the community corrections to have full and equal enjoyment of the services, privileges, facilities and advantage and accommodations as the nonDeaf Offenders do.

Slide 15

Slide 15, our general policy objectives, the department maintains an ADA coordinator position that's required by law under the ADA law. Any facility with 50 or more people requires the appointment of an ADA coordinator to oversee accommodations and services to the disabled population.
An institutional ADA coordinator on the site will ensure disability laws are followed and in charge of daily operations, supervision and disability needs. All staff, contract employees and watch commanders are trained on the procedures for compliance with the ADA. The Virginia Department of Corrections has a training program for the staff that have regular contact with Deaf Offenders in our facilities.
Deaf Offenders meet with our warden or assistant warden of operations at least on a quarterly basis to discuss their concerns and issues. We have found that these meetings highlight the problems that we may be having and offer solutions. Regular contact with this population has led to significant decrease in conflicts and grievances filed and has also led in to greater program participation.
Slide 16

Slide 16, we talk about initial classification, assessment and assignment. Deaf Offenders that are at the reception and classification center have the same access to qualified interpreters as those already in the system in the general population. We ensure staff awareness through special identification cards for this population that they have the option to wear so that the staff will be aware of their communication needs.

At the entrance to the facility and all the housing units a sign is posted notifying visitors and staff that inside of this housing unit assigned here are individuals who require sign language or other means of communication due to their disability. In addition the interpretation of written materials is provided through the use of qualified interpreters or electronic means. Therefore everyone can be aware of procedures and be able to comply and follow and be held accountable for their behavior. And the creation and interpretation of rights materials, we provide every Deaf Offender with written materials outlining their rights for services and accommodations. And we provide an interpreter for questions from discussion of this.

Slide 17

On the next slide, we discuss housing and general policy. We make every attempt to have Deaf Offenders incarcerated at one facility so that we can centralize the provision of interpreters, auxiliary services and accommodations. Not only does this help us maximize the delivery of service but it helps us efficiently provide the staff with training needed to interact with this specialized population. We provide a schedule of accommodations to the Deaf Offenders. We have a designated bulletin board that they know, they do orientation of where to go, and we have a schedule when the qualified interpreters and other Auxiliary Aids and Services are available.

Slide 18

Slide 18, in order to ensure quality, equality for Deaf Offenders appropriate Auxiliary Aids and Services that are required by the federal ADA and the Rehabilitation Act are consistently provided. In this light we also have agreed to be audited by the Virginia department and the deaf and hardofhearing and plaintiff's attorneys to ensure we are complying with the settlement.

Slide 19

Slide 19, when we talk about a qualified sign language interpreter again these are contracted interpreters provided by a nationally ranked organization that provides onsite qualified interpreters for medical care, dental, vision, audiological exams, mental health, disciplinary hearings, clarification process, reentry programs and any other interaction that we deem important for this population. A qualified interpreter although not presumed necessary should be provided for and we do for education in any lengthy or complex communication needs.
Slide 20

Slide 20, we ensure that as a general policy employees communicate with Deaf Offenders for such purposes they would communicate with the hearing individual. We try not to exclude this population from any activities or any programs or scheduled exercise in the institution. Bulletins, procedure changes, announcements are given to them in a special session with an interpreter.
Video remote interpreting is available for emergency situations or one of those times when an interpreter is not on site. We have access to and provide training to the staff for these emergency situations using video remote interpreting and meeting the industry standards over a high speed Internet connection. We also have special writing pads for the deaf population in different color, and they all have and can replenish and employees receive training with respect to communication, to the difficulties with communicating with Deaf Offenders.
This training advises employees that note writing may be the only immediate form of communication available to a Deaf Offender at that time. The Deaf Offenders have indicated to us that they find this very useful using the special pads.
Slide 21

Onsite and offsite medical care, we generally provide interpreters for scheduled medical appointments and for emergency or specialized appointments when we have advanced notice. We inform the appropriate medical staff at the local hospital that a deaf person is coming for a scheduled appointment or for an emergency reason and that an interpreting service will be needed. Our emergency events, we also have video remote interpreting at the facility itself.
Slide 22

Slide 22, among the appropriate Auxiliary Aids and Services that we provide at Powhatan are the adult basic education with the assistance of an interpreter. Reentry programs where the deaf have full access, reentry as the hearing population and Deaf Offenders in vocational programs as well and all of them participate in the work programs and all scheduled rehabilitative programs. Work assignments are as consistent for the deaf as for the hearing offenders unless a security or safety concern prohibits their employment in a certain area.
If that is such, we will examine it to see if accommodations can be made to assign a person there as we would a hearing offender. Transportation and classification matters, we provide a qualified interpreter for any classification hearings or meeting relating to an offender's classification status.
Slide 23

The exchanging of information between the Deaf Offender and the personnel that are performing the classification service are trained now to use interpreters or video remote interpreting for these hearings. Slide 23, in person or VRI interpreting for any significant communication between offenders and staff is now the order of the day here. A significant communication includes a communication for which the offender requests an interpreter subject to approval by the designated person responsible for coordinating Auxiliary Aids and Services. Deaf Offenders in their orientation have received information of how to request an interpreter for emergency reasons or regular contact with staff. The staff in turn has received training on the use in working with registered interpreters.
Slide 24

Disciplinary proceedings, Deaf Offenders are legally entitled to a qualified interpreter in any disciplinary proceeding. Any step of a disciplinary process requires the use of an onsite interpreter unless an emergency situation exists within the facility. The interpreters are given an orientation as to this process when they come to work here. The inmate population is given an orientation as well as a disciplinary report. Each phase of disciplinary report and the appeal process. Offenders also have access to staff advisors and other inmate advisors for these hearings.

Slide 25

Slide 25, visual alert notifications, it is our general policy that the deaf population have access to announcements, alerts or any other auditory information from the staff to the general population. The staff provides visual notification systems that would notify Deaf Offenders of prison wide events specific to Deaf Offenders. We have an electronic marquee sign system recently installed that flashes notices and alerts and scheduled events throughout the population. And we also have a staff now that's trained for effective communication with Deaf Offenders and are aware of how communication with those people should be proceeded and interacted with.

Visual alarms and emergency evacuation, Deaf Offenders are provided with an effective notification system. We also issue pagers. The Deaf Offender population here can have an individualized pager that vibrates and they can be informed of the emergency events.
Slide 26

In addition to this the staff is trained to provide direct personal contact in any emergency situation to ensure the evacuation or notification to the Deaf Offender of the situation. And in the next slide that general policy is Deaf Offenders have access to telecommunications as offenders who are not deaf. Communications are monitored and recorded as they are with the hearing offenders. Additional time is allowed for these communications as sign language takes longer than verbal communications and TTY communications takes even longer.

Technology for best accommodation, every effort will be made to provide the best technology accommodation to facilitate communication between Deaf Offenders and people outside the facility. Using the video phone conferencing system we have allowed the Deaf Offender population to stay in contact with their loved ones and some of the Deaf Offenders have been able to contact the Department of Rehab Services. SSI applications have been completed using video phone communications. And even Medicaid process has started using video phones, the legal interviews with their attorneys, with other organizations in support of them and educational contacts have been also used for video phone systems. Those Deaf Offenders that may not be aware of how to use a video conferencing phone system are given instruction on how to do so.

Slide 27

Slide 27, every state correctional facility in which a Deaf Offender is incarcerated a TTY should be there. Instructions how to use those are provided during the initial orientation and reinstruction is provided upon request. The TTYs are able to contact through the Virginia Relay Service. The video phone technology is in a designated area. Again this information is provided through initial orientation and is closely monitored and recorded by our computer communications staff and our headquarters. The facility will ensure that the technology used is in working order. We have fulltime staff that are trained in the use and maintenance and repair of this equipment system. Our television system for recreation and for instruction all use open and closed captioning. Televisions offenders purchase for use here support closed captioning as well.