Office of the Americans With
Disabilities Act, Civil Right Division
U.S. Department of Justice
Stewart B. Oneglia

July 6, 1993

Greetings Mr Oneglia;

I am writnig you concerning some questions about the A.D.A. I

noticed in the Federal Register/ Vol. 56 No. 144 Friday, July 26,

1991/ Rules and Regulations 35705 Paragraph (b)(8) that in special

circumstances, such as an individual is an inmate of a

correctional institution that attendant care or assistance in

toileting, eating  or dressing, but it says nothing about helping

a inmate with a disability in a wheel chair in going to outside

recretation (yard). I would like to know the answer to this

question as well as some others that I will be asking through out

this letter.  In this in the same Federal Register on page 35707 Section

35.135  Personal Devices and Services.  I would like to know if

wheelchairs for individuals with disabilities in correctional

facilities fall within this section, if not then where dose it

fall and what rules governs correctional facilities as far as

providing wheelchairs to the disabled whom they incarcerate.

Now I would like to talk alittle about the maintenance of those

wheelchairs if provided to disabled inmates, what rules and

regulations governs maintenance of wheelchair provided by 

correctional facilities.  In the same Federal Register on page 

35719 Section 35.195 talks about personal devices, it states.


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that this part dose not require a pubity entity to provide to

individuals with disabilities personal devices such as wheel-

chairs. Dose this also apply to indivuals who are in custody

of a correctional instutitionals? Is there a duty owed to disabled

individuals who are incarcerated in correctioal institutionals

to be provided with adequate personal devices (wheelchairs).

I would like your help in obtaining answers to these questions,

and I also would like to have copies of any rules and regulations

concerning the questions ask. May I also request a copy of the

UNIFORM DUTIES TO DISABLED PERSONS ACT.

I would like to receive this information if possible within the

time guidelines setforth in THE FREEDOM OF INFORMATION ACT.


These question are very important to me as I am a disabled person

within the guidelines of the American With Disabilities Act.




                                   XXXX   (b)(6)
                                   XXXX


                                   Hutchinson Correctional Facility
                                   Hutchinson, KS. XX





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