SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MONTGOMERY COUNTY, MARYLAND DEPARTMENT OF JUSTICE COMPLAINT NUMBER This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. SS 12131-12134, with the United States Department of Justice (Department of Justice) against Montgomery County, Maryland (County). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complaint alleged that in a dispute involving individuals who are deaf, the Montgomery County Police Department did not secure appropriate auxiliary aids and services to ensure that communication with the individuals was as effective as that provided to others. The County denies this allegation. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine Montgomery County's compliance with Title II of the ADA and the Justice Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133, to bring civil action enforcing Title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. The parties to this Agreement are the United States of America and Montgomery County, Maryland. The parties agree that this Agreement is not an admission of violation and should not be construed as an admission by the County of any violation. In the interests of securing compliance by voluntary means, the parties hereby agree as follows: 1. The ADA applies to Montgomery County because it is a public entity as defined in the Department of Justice's regulation implementing Title II. 28 C.F.R. 35.104. 2. The subject of this Settlement Agreement is a written directive, which is attached, that requires that in those situations where the provision of interpreting services is necessary to ensure effective communication, the County will, upon reasonable notice, secure qualified interpreting services. 3. In order to ensure effective communication with members of the public who are deaf or hard of hearing in Montgomery County's programs, activities, and services, the County agrees: a. To provide, at Montgomery County's expense, appropriate auxiliary aids and services, including qualified interpreters, when necessary to afford a qualified individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the Police Department. b. To give primary consideration to the requests of the individuals with disabilities, in determining what type of auxiliary aid or service is necessary. c. To notify individuals who are deaf or hard of hearing about the provision of auxiliary aids and services to ensure effective participation. The County will distribute this information through pamphlets, posters or other appropriate means. 4. In order to inform members of the public regarding the provisions of Title II and their applicability to Montgomery County's programs, services and activities, the County will publish, within 30 days of the effective date of this Agreement, the following notice or an equivalent, on two separate occasions in a newspaper of general circulation serving Montgomery County. In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, Montgomery County will not discriminate against qualified individuals with disabilities on the basis of disability in the County's services, programs, or activities. The County will provide appropriate auxiliary aids and services, including qualified interpreters, whenever necessary to ensure effective communication with members of the public who are deaf and hard of hearing. 5. The County will provide a copy of the notice in paragraph 4 to any person upon request. 6. Beginning on the effective date of this Agreement, the County will instruct all of its employees to comply with the provisions of this Agreement. 7. Within 150 days of the effective date of this Agreement, the County will submit a report to the Department of Justice detailing the actions it has taken to comply with the preceding provisions. This report will include copies of notices published in the newspapers. 8. This document is a public agreement. A copy of this document or any information contained in it may be made available to any 01-05815 person. Montgomery County will provide a copy of this Agreement to any person on request. 9. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 10. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 11. The effective date of this Agreement is the date of the last signature below. 12. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable under its provisions. This Agreement is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect Montgomery County's continuing responsibility to comply with all aspects of Title II of the ADA. For Montgomery County: For the United States: BRUCE ROMER JOHN L. WODATCH CHIEF ADMINISTRATIVE OFFICER Chief L. IRENE BOWEN Deputy Chief ROBERT J. MATHER Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date Date Attachment 01-05816 INTERPRETERS/LANGUAGE SERVICES FUNCTION CODE: 1121 EFFECTIVE DATE: 08-10-95 Policy: It is the policy of the department to furnish appropriate auxiliary aids and services whenever necessary to ensure effective communication with individuals with hearing impairments. Language services will also be made available so the department may serve all members of the community. Contents: I. Auxillary Aids and Services II. Communicating With Suspects/Victims/Witnesses With Hearing Impairments III. Available Language Services IV. Interpreters for District Court Traffic Cases V. Proponent Unit VI. Cancellation Appendix A (AT&T Language Line Guide) I. Auxiliary Aids and Services A. Auxiliary aids and services include qualified interpreters, written materials, note pads, and other effective methods of communicating with individuals with hearing impairments. B. When an auxiliary aid or service is required to ensure effective communication, the department must provide an opportunity for individuals with hearing impairments to request the auxiliary aids and services of their choice and must give primary consideration to the choice expressed by the individuals. "Primary consideration" means that the department must honor the choice, unless it can be shown that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the service, program, or activity or in undue financial and administrative burdens. C. The Communications Division maintains a teletype line for citizens with hearing/speech impairments. The phone number is 762-7619. This number is for official police services only. TDDs are located at each ECC call-taker console for emergency calls. D. Telecommunications Devices for the Deaf - The Americans with Disabilities Act requires use of the telecommunications devices for the deaf (TDDs) or equally effective telecommunications systems to communicate with individuals who use TDDs. The department may use the Maryland Relay Service to meet this requirement. Until TDDs are installed in County buildings, employees calling TDD users should call the Maryland Relay Service at 1-800-735-2258. Employees using the service will communicate with the system operator by voice and will carry on a conversation with the TDD user through the operator. The Maryland Relay Service will not be used for emergency telephone communication. E. A list of employees who can use sign 01-05817 Function Code: 1121 Effective Date: 08-10-95 language is maintained by the department; when temporary emergency assistance is needed, contact ECC. F. The county has a contract with Birnbaum Interpreting Services through Disability Services (DS). Officers should contact DS at 217-1246, Monday through Friday, 0830 to 1700 hours, with their requests. DS will advise how to make the necessary arrangements to provide the interpreter. After the business hours indicated above, officers should contact Birnbaum Interpreting Services directly at (301) 587-8885. Officers will provide their name, telephone number, and a brief description of the situation requiring interpreter services. An interpreter will be contacted and the officer will be notified of the interpreter's name and estimated time of arrival. When the service is utilized after business hours, the officer will contact DS as early as possible the next business day after the emergency request is filled. If the requesting officer will be unable to contact DS on the next business day, the officer will contact DS at 217-1216 (voice mail) and will leave the interpreter information, with the officer's name and station telephone number, on the recorder. G. Notices about Montgomery County Department of Police hearings or meetings should include a statement that sign language interpreters are available upon advance request. The department's TDD number should be on the notice. Normally, seven business days notice must be given to Birnbaum Interpreting Services in order to obtain an interpreter. Requests with less than seven business days notice will be charged a much higher hourly rate. Any cancellation of a Birnbaum Interpreting Services assignment must be made with two full business days notice prior to the event. If cancellations are made after that time, full payment will be due Birnbaum Interpreting Services. If your meeting is cancelled and you no longer need an interpreter, contact Birnbaum Interpreting Services and DS. If an interpreter fails to show up for an assignment, DS should be contacted. If, for any reason, the service cannot be provided by a DS interpreter, arrangements may be made with one of the following interpreter services: Sign Language Connection (301) 340-0851 Centralized Interpreter Referral Service (410) 243-3800 II. Communicating With Suspects/Victims/Witnesses With Hearing Impairments NOTE: All identifying information for the interpreter must be included in the police report. Qualified interpreters are obtained through Birnbaum Interpreting Services; departmental personnel will not be used as qualified interpreters. All written questions and responses between and among police officers and persons with hearing impairments must be treated as evidence and handled accordingly. A. Communicating with a suspect with a hearing impairment prior to an arrest when a police officer has probable cause without having to interview the suspect: 1. If a suspect without a hearing impairment would have been 2 01-05818 Function Code: 1121 Effective Date: 08-10-95 arrested on probable cause, then a suspect with a hearing impairment in the same situation does not need to be provided with a qualified interpreter. For example, if an officer responds to an aggravated assault call and, upon arriving at the scene, determines that sufficient probable cause exists to make an arrest without taking any statement from the suspect, the officer may make the arrest without the assistance of an interpreter. 2. A qualified interpreter may still be required if an officer is unable to convey to the defendant the nature of the criminal charges by communicating on a note pad or by using another means of communication. B. Interviewing a suspect with a hearing impairment when the police officer needs to interview the suspect to establish probable cause: 1. If a police officer needs to interview a suspect with a hearing impariment to determine if there is probable cause to make an arrest for a serious offense (i.e., rape, aggravated assault, burglary), the use of a qualified interpreter is highly recommended. A qualified interpreter must be provided if written communication is ineffective. 2. If the investigation does not involve a serious offense, the officer may postpone the interview and possible arrest until the services of a qualified interpreter can be arranged. 3. In any case that requires an investigator to respond to the scene, the responsibility of contacting an interpreter is relinquished to the responding investigator. C. Interrogating an arrestee with a hearing impairment: 1. If an arrestee with a hearing impairment is to be interrogated about criminal or traffic charges, the arresting officer/investigator must obtain the services of a qualified interpreter if the arrestee uses sign language as a means of communication. This is necessary for effective communication. This is necessary for communication during the interrogation as well as communicating the Miranda warnings and/or DR-15 warnings to the arrestee prior to the interrogation. D. Communicating with a suspect with a hearing impairment prior to the issuance of a civil or traffic citation when a police officer has probable cause without having to interview the suspect: 1. If a suspect without a hearing impairment would have been issued a civil or traffic citation without being questioned by the investigating officer, then a suspect with a hearing impairment in the same situation does not need to be provided with a qualified interpreter. For example, if a suspect with a hearing impairment is stopped for speeding, or is to be issued a civil citation, the officer does not have to call an interpreter. 3 01-05819 Function Code: 1121 Effective Date: 08-10-95 2. If an officer has stopped a suspect for committing a traffic violation and if the officer is unable to convey to the violator the nature of the violation by communicating on a note pad or by using another means of communication, then the officer should use his or her discretion as to whether to call a qualified interpreter to the scene. E. Interviewing a Victim or Critical Witness With a Hearing Impairment During an Investigation of an Offense 1. In the case of a non-serious offense (i.e., taking a theft report), if an officer is able to communicate effectively by writing questions on a note pad and having the victim or witness with a hearing impairment write his or her responses, the officer may proceed with the interview using a note pad. However, if an investigating officer is unable to communicate effectively with a victim or critical witness by using a note pad or some other means of communication, then the investigating officer must provide the victim or critical witness with a qualified interpreter. If the investigating officer cannot wait until a qualified interpreter arrives because of time constraints, the officer will ask the victim or critical witness to come voluntarily to the police station when a qualified interpreter is available. 2. If the investigation involves a serious offense and the victim or witness with a hearing impairment is critical to establishing probable cause for an arrest or for completing the investigation, then the officer/investigator must provide a qualified interpreter for the interview if the victim or critical witness uses sign language as a means of communication and it is needed for effective communication. III. Available Language Services A. AT&T Language Line. The Language Line Services provides interpreters for more than 140 languages. This service is available via telephone, 24 hours a day, 7 days a week, for interpreter services. Call 1-800-523-1786 and give the department's identification number (130010). All witness, suspect, and defendant statements obtained with the assistance of an interpreter, and involving a case that will be prosecuted, must be recorded. Arrangements can be made, prior to the telephone call, by contacting ECC. All parties involved in the telephone call must be informed that the call is being recorded. Refer to Function Code 750 (Communication Tapes) for instructions on obtaining a copy of the recording. B. Bilingual Police Officers. A list of bilingual police officers is maintained at ECC. IV. Interpreters For District Court Traffic Cases A. The State's Attorney's Office prosecutes incarcerable traffic offenses and will make their own arrangements with the administrative judge for interpreters when needed. However, the State's Attorney's Office will not arrange for interpreters in District Court traffic cases which are 4 01-05820 punishable by fines only, and therefore, the responsibility of requesting a language or sign language interpreter is placed on the police officer presenting the case. When an officer has a witness who requires an interpreter in a traffic case he/she is presenting, the following procedure will be used: 1. Contact the District Court Traffic Division at 279-1568 or 1569. Make your request for an interpreter 14 days in advance of your scheduled court date whenever possible. The Traffic Division will then file a written request with the administrative judge for the interpreter to appear on your court date. V. Proponent Unit: Planning and Policy Management Section VI. Cancellation This directive cancels Function Code 1121, dated 08-15-91, and Headquarters Memoranda 89-48 and 93-12. Carol A. Mehrling Chief of Police Function Code: 1121 Effective Date: 08-10-95 5 01-05821 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MONTGOMERY COUNTY, MARYLAND DEPARTMENT OF JUSTICE COMPLAINT NUMBER This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. ss 12131-12134, with the United States Department of Justice (Department of Justice) against Montgomery County, Maryland (County). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complaint alleged that in a dispute involving individuals who are deaf, the Montgomery County Police Department did not secure appropriate auxiliary aids and services to ensure that communication with the individuals was as effective as that provided to others. The County denies this allegation. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine Montgomery County's compliance with Title II of the ADA and the Justice Department's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. 12133, to bring civil action enforcing Title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. The parties to this Agreement are the United States of America and Montgomery County, Maryland. The parties agree that this Agreement is not an admission of violation and should not be construed as an admission by the County of any violation. In the interests of securing compliance by voluntary means, the parties hereby agree as follows: 1. The ADA applies to Montgomery County because it is a public entity as defined in the Department of Justice's regulation implementing Title II. 28 C.F.R. 35.104. 2. The subject of this Settlement Agreement is a written directive, which is attached, that requires that in those situations where the provision of interpreting services is necessary to ensure effective communication, the County will, upon reasonable notice, secure qualified interpreting services. 3. In order to ensure effective communication with members of the public who are deaf or hard of hearing in Montgomery County's programs, activities, and services, the County agrees: a. To provide, at Montgomery County's expense, appropriate auxiliary aids and services, including qualified interpreters, when necessary to afford a qualified individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the Police Department. b. To give primary consideration to the requests of the individuals with disabilities, in determining what type of auxiliary aid or service is necessary. c. To notify individuals who are deaf or hard of hearing about the provision of auxiliary aids and services to ensure effective participation. The County will distribute this information through pamphlets, posters or other appropriate means. 4. In order to inform members of the public regarding the provisions of Title II and their applicability to Montgomery County's programs, services and activities, the County will publish, within 30 days of the effective date of this Agreement, the following notice or an equivalent, on two separate occasions in a newspaper of general circulation serving Montgomery County. In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, Montgomery County will not discriminate against qualified individuals with disabilities on the basis of disability in the County's services, programs, or activities. The County will provide appropriate auxiliary aids and services, including qualified interpreters, whenever necessary to ensure effective communication with members of the public who are deaf and hard of hearing. 5. The County will provide a copy of the notice in paragraph 4 to any person upon request. 6. Beginning on the effective date of this Agreement, the County will instruct all of its employees to comply with the provisions of this Agreement. 7. Within 150 days of the effective date of this Agreement, the County will submit a report to the Department of Justice detailing the actions it has taken to comply with the preceding provisions. This report will include copies of notices published in the newspapers. 8. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person. Montgomery County will provide a copy of this Agreement to any person on request. 9. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 10. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 11. The effective date of this Agreement is the date of the last signature below. 12. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable under its provisions. This Agreement is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect Montgomery County's continuing responsibility to comply with all aspects of Title II of the ADA. For Montgomery County: For the United States: BRUCE ROMER JOHN L. WODATCH CHIEF ADMINISTRATIVE OFFICER Chief L. IRENE BOWEN Deputy Chief ROBERT J. MATHER Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date Date Attachment 01-05824 INTERPRETERS/LANGUAGE SERVICES FUNCTION CODE: 1121 EFFECTIVE DATE: 08-10-95 Policy: It is the policy of the department to furnish appropriate auxiliary aids and services whenever necessary to ensure effective communication with individuals with hearing impairments. Language services will also be made available so the department may serve all members of the community. Contents: I. Auxillary Aids and Services II. Communicating With Suspects/Victims/Witnesses With Hearing Impairments III. Available Language Services IV. Interpreters for District Court Traffic Cases V. Proponent Unit VI. Cancellation Appendix A (AT&T Language Line Guide) I. Auxiliary Aids and Services A. Auxiliary aids and services include qualified interpreters, written materials, note pads, and other effective methods of communicating with individuals with hearing impairments. B. When an auxiliary aid or service is required to ensure effective communication, the department must provide an opportunity for individuals with hearing impairments to request the auxiliary aids and services of their choice and must give primary consideration to the choice expressed by the individuals. "Primary consideration" means that the department must honor the choice, unless it can be shown that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the service, program, or activity or in undue financial and administrative burdens. C. The Communications Division maintains a teletype line for citizens with hearing/speech impairments. The phone number is 762-7619. This number is for official police services only. TDDs are located at each ECC call-taker console for emergency calls. D. Telecommunications Devices for the Deaf-The Americans with Disabilities Act requires use of the telecommunications devices for the deaf (TDDs) or equally effective telecommunications systems to communicate with individuals who use TDDs. The department may use the Maryland Relay Service to meet this requirement. Until TDDs are installed in County buildings, employees calling TDD users should call the Maryland Relay Service at 1-800-735-2258. Employees using the service will communicate with the system operator by voice and will carry on a conversation with the TDD user through the operator. The Maryland Relay Service will not be used for emergency telephone communication. E. A list of employees who can use sign 01-05825 Function Code: 1121 Effective Date: 08-10-95 language is maintained by the department; when temporary emergency assistance is needed, contact ECC. F. The county has a contract with Birnbaum Interpreting Services through Disability Services (DS). Officers should contact DS at 217-1246, Monday through Friday, 0830 to 1700 hours, with their requests. DS will advise how to make the necessary arrangements to provide the interpreter. After the business hours indicated above, officers should contact Birnbaum Interpreting Services directly at (301) 587-8885. Officers will provide their name, telephone number, and a brief description of the situation requiring interpreter services. An interpreter will be contacted and the officer will be notified of the interpreter's name and estimated time of arrival. When the service is utilized after business hours, the officer will contact DS as early as possible the next business day after the emergency request is filled. If the requesting officer will be unable to contact DS on the next business day, the officer will contact DS at 217-1216 (voice mail) and will leave the interpreter information, with the officer's name and station telephone number, on the recorder. G. Notices about Montgomery County Department of Police hearings or meetings should include a statement that sign language interpreters are available upon advance request. The department's TDD number should be on the notice. Normally, seven business days notice must be given to Birnbaum Interpreting Services in order to obtain an interpreter. Requests with less than seven business days notice will be charged a much higher hourly rate. Any cancellation of a Birnbaum Interpreting Services assignment must be made with two full business days notice prior to the event. If cancellations are made after that time, full payment will be due Birnbaum Interpreting Services. If your meeting is cancelled and you no longer need an interpreter, contact Birnbaum Interpreting Services and DS. If an interpreter fails to show up for an assignment, DS should be contacted. If, for any reason, the service cannot be provided by a DS interpreter, arrangements may be made with one of the following interpreter services: Sign Language Connection (301) 340-0851 Centralized Interpreter Referral Service (410) 243-3800 II. Communicating With Suspects/Victims/Witnesses With Hearing Impairments NOTE: All identifying information for the interpreter must be included in the police report. Qualified interpreters are obtained through Birnbaum Interpreting Services; departmental personnel will not be used as qualified interpreters. All written questions and responses between and among police officers and persons with hearing impairments must be treated as evidence and handled accordingly. A. Communicating with a suspect with a hearing impairment prior to an arrest when a police officer has probable cause without having to interview the suspect: 1. If a suspect without a hearing impairment would have been 2 01-05826 Function Code: 1121 Effective Date: 08-10-95 arrested on probable cause, then a suspect with a hearing impairment in the same situation does not need to be provided with a qualified interpreter. For example, if an officer responds to an aggravated assault call and, upon arriving at the scene, determines that sufficient probable cause exists to make an arrest without taking any statement from the suspect, the officer may make the arrest without the assistance of an interpreter. 2. A qualified interpreter may still be required if an officer is unable to convey to the defendant the nature of the criminal charges by communicating on a note pad or by using another means of communication. B. Interviewing a suspect with a hearing impairment when the police officer needs to interview the suspect to establish probable cause: 1. If a police officer needs to interview a suspect with a hearing impairment to determine if there is probable cause to make an arrest for a serious offense (i.e., rape, aggravated assault, burglary), the use of a qualified interpreter is highly recommended. A qualified interpreter must be provided if written communication is ineffective. 2. If the investigation does not involve a serious offense, the officer may postpone the interview and possible arrest until the services of a qualified interpreter can be arranged. 3. In any case that requires an investigator to respond to the scene, the responsibility of contacting an interpreter is relinquished to the responding investigator. C. Interrogating an arrestee with a hearing impairment: 1. If an arrestee with a hearing impairment is to be interrogated about criminal or traffic charges, the arresting officer/investigator must obtain the services of a qualified interpreter if the arrestee uses sign language as a means of communication and it is necessary for effective communication. This is necessary for communication during the interrogation as well as communicating the Miranda warnings and/or DR-15 warnings to the arrestee prior to the interrogation. D. Communicating with a suspect with a hearing impairment prior to the issuance of a civil or traffic citation when a police officer has probable cause without having to interview the suspect: 1. If a suspect without a hearing impairment would have been issued a civil or traffic citation without being questioned by the investigating officer, then a suspect with a hearing impairment in the same situation does not need to be provided with a qualified interpreter. For example, if a suspect with a hearing impairment is stopped for speeding, or is to be issued a civil citation, the officer does not have to call an interpreter. 3 01-05827 Function Code: 1121 Effective Date: 08-10-95 2. If an officer has stopped a suspect for committing a traffic violation and if the officer is unable to convey to the violator the nature of the violation by communicating on a note pad or by using another means of communication, then the officer should use his or her discretion as to whether to call a qualified interpreter to the scene. E. Interviewing a Victim or Critical Witness With a Hearing Impairment During an Investigation of an Offense 1. In the case of a non-serious offense (i.e., taking a theft report), if an officer is able to communicate effectively by writing questions on a note pad and having the victim or witness with a hearing impairment write his or her responses, the officer may proceed with the interview using a note pad. However, if an investigating officer is unable to communicate effectively with a victim or critical witness by using a note pad or some other means of communication, then the investigating officer must provide the victim or critical witness with a qualified interpreter. If the investigating officer cannot wait until a qualified interpreter arrives because of time constraints, the officer will ask the victim or critical witness to come voluntarily to the police station when a qualified interpreter is available. 2. If the investigation involves a serious offense and the victim or witness with a hearing impairment is critical to establishing probable cause for an arrest or for completing the investigation, then the officer/investigator must provide a qualified interpreter for the interview if the victim or critical witness uses sign language as a means of communication and it is needed for effective communication. III. Available Language Services A. AT&T Language Line. The Language Line Services provides interpreters for more than 140 languages. This service is available via telephone, 24 hours a day, 7 days a week, for interpreter services. Call 1-800-523-1786 and give the department's identification number (130010). All witness, suspect, and defendant statements obtained with the assistance of an interpreter, and involving a case that will be prosecuted, must be recorded. Arrangements can be made, prior to the telephone call, by contacting ECC. All parties involved in the telephone call must be informed that the call is being recorded. Refer to Function Code 750 (Communication Tapes) for instructions on obtaining a copy of the recording. B. Bilingual Police Officers. A list of bilingual police officers is maintained at ECC. IV. Interpreters For District Court Traffic Cases A. The State's Attorney's Office prosecutes incarcerable traffic offenses and will make their own arrangements with the administrative judge for interpreters when needed. However, the State's Attorney's Office will not arrange for interpreters in District Court traffic cases which are 4 01-05828 Function Code: 1121 Effective Date: 08-10-95 punishable by fines only, and therefore, the responsibility of requesting a language or sign language interpreter is placed on the police officer presenting the case. When an officer has a witness who requires an interpreter in a traffic case he/she is presenting, the following procedure will be used: 1. Contact the District Court Traffic Division at 279-1568 or 1569. Make your request for an interpreter 14 days in advance of your scheduled court date whenever possible. The Traffic Division will then file a written request with the administrative judge for the interpreter to appear on your court date. V. Proponent Unit: Planning and Policy Management Section VI. Cancellation This directive cancels Function Code 1121, dated 08-15-91, and Headquarters Memoranda 89-48 and 93-12. Carol A. Mehrling Chief of Police 5 01-05829