Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners
On September 25, 2024, the Wisconsin Department of Corrections (DOC) entered into a pre-litigation settlement agreement with the federal Department of Justice (DOJ), promising to improve services provided to deaf and hard of hearing prisoners, in compliance with Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. ch. 126 § 12101 et seq.
The DOJ had received complaints from prisoners with hearing-related disabilities at Racine Correctional Institution, the Felmers O. Chaney Correctional Center and Taycheedah Correctional Institution. That led the DOJ to open an investigation into related DOC policies and practices, Among other findings: Prison officials failed to repair prisoners’ hearing aids when they broke and failed to provide them with videophones, sign language interpreters and other communication services.
“People with disabilities in Wisconsin deserve equal access, and that does not change when they are incarcerated,” stated United States Attorney Gregory J. Haanstad.
The 25-page settlement requires the DOC to comply with the ADA and to “ensure that individuals with hearing disabilities are not discriminated against on the basis of disability in [DOC] services, programs, and activities.” The DOC must give hearing-impaired prisoners equal access to programs and services that are available to non-disabled prisoners, including medical care, work assignments and education classes.
Prisoners with hearing-related disabilities must also be supplied, promptly and at no cost, with auxiliary aids that ensure effective communication—including hearing aids and cochlear processor devices. Batteries or battery chargers must also be provided in a timely manner.
The DOC further promised to ensure that interpreter services (such as American Sign Language interpreters) are available at all times, either in person or via Video Remote Interpreting (VRI). Prisoners will not be allowed to interpret for one another except in emergency situations or if a hearing-impaired prisoner specifically requests that they do so. Qualified on-site interpreters are required at facilities where VRI is not available.
Prison officials also agreed to make TTY devices, relay services, videophones and over-the-ear headphones available at all facilities where hearing-impaired prisoners are housed, to provide them effective communication options. Deaf and hard-of-hearing prisoners will be afforded “three times the amount of time to use telecommunication services such as TTY or VRI” as prisoners without hearing-related disabilities.
Additionally, auxiliary aids and interpreter services will be provided during the intake process. Within 30 days of the effective date of the settlement, the DOC promised to “implement a comprehensive procedure to identify and provide every incarcerated individual with hearing disabilities with appropriate auxiliary aids and services.” Those services include a secondary hearing assessment, if needed, and development of an individualized communications plan. The DOC further agreed to adopt and implement a policy for identification and accommodation of hearing-impaired prisoners, and to maintain a centralized database of all prisoners who are deaf or hard of hearing.
Within six months of the settlement, the DOC must “provide an effective visual or other notification system that will advise incarcerated individuals with hearing disabilities of announcements, alarms and other auditory information”—such as fire alarms and notifications for mealtimes, recreation times, call-outs and emergencies. Supplemental notification devices such as pagers and watches with visual and vibrating alert functions will also be provided.
When hearing-impaired prisoners must be restrained, DOC staff shall ensure that they are handcuffed in front of their bodies so that they are still able to sign or write—“unless legitimate security concerns dictate otherwise.”
The DOC further agreed to designate an ADA Compliance Director, as well as ADA Coordinators at each facility. It was unclear why these positions were not already staffed, given that the law was enacted around 35 years ago in 1990.
Within nine months, the prison system must also begin providing ADA-related training to all staff members who interact with prisoners; such training will be made available at least once each calendar year. The DOC shall then provide status reports to federal officials regarding its implementation of and compliance with the terms of the settlement agreement, which will remain in effect for three years.
Lastly, the DOC agreed to pay a total of $15,000 to three prisoners who were identified as “aggrieved persons”—presumably those who had filed complaints with the DOJ, resulting in the federal investigation and settlement. See: Settlement Agreement Between U.S. and Wisc. Dep’t of Corr. Under the A.D.A., DJ #204-85-131 (Sep. 2024).
Additional source: AP News
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login