Recently, everyone at the Rocky Mountain ADA Center went to jail. We were invited to go on a tour of the Larimer County Jail by one of our Advisory Group members, Deputy Chris Smith. Chris serves as the ADA Coordinator for Larimer County Sheriff’s Office.
At the ADA Center, you could think of what we do is to know the theory of the ADA, inside and out. We are very familiar with the regulations, Standards, and technical guidance materials provided by the Department of Justice or from the United States Congress. We provide information and informal guidance on how the ADA should be utilized in any given circumstance. But we do not get involved in the issues that we offer information about. This is a separation required by our grant funders. We have to be impartial so that no one should be afraid of negative consequences by contacting us. All personal information shared with us remains confidential. We are not an enforcing agency, nor do we report complaints to enforcing agencies. Our hope is to provide no barriers for anyone to seek information on the ADA from us, whether it be rights or responsibilities. We do not make decisions on how to implement the ADA, but we work with people who must. This does create a lack of experience with real-world application of the ADA. Staying separate from issues is fundamental to how we operate.
Just because we don’t take part in direct implementation of the ADA does not mean that we don’t try to understand real-world issues. Understanding practical barriers to implementation helps us do our jobs better. That was the main purpose of the trip to the jail. Chris showed us around the entire facility. He highlighted specific areas where they had challenges implementing the ADA and areas they have succeeded.
The facility itself brought several challenges. The original areas of the building were constructed in 1983, well before the ADA was passed into law. Other areas of the building were built not long after the ADA had gone into effect. A third portion of the building was completed not long ago. Some of the facilities just can’t be made accessible without tearing down the entire building. This is a prime example of where Program Access comes into effect. Program Access doesn’t require that each facility be fully accessible. Program Access requires that the Programs offered be accessible. The entity responsible for the program has the option to utilize any other facilities or methods they deem reasonable in order to make programs accessible. Due to the nature of the existing facilities which were designed prior to the passage of the ADA, Larimer Count Jail has unique challenges to ensuring access is provided to inmates. They provide accessible facilities wherever it was feasible to provide and utilize a number of policies to ensure that inmates with disabilities housed in less accessible areas still have their needs met when it comes to participating in and benefitting from the Program of being in jail.
A very interesting application of the ADA requirements is the reasonable modification of policies, practices, and procedures. Modifications may be needed to prevent disability discrimination. In a jail setting, access to personal belongings is understandably restricted. When an inmate has a mobility device, such as a cane or walker, they are sometimes allowed to keep their mobility device if the facility doesn’t have an equivalent replacement. This would be the modification of standard policy, practice, or procedure. In CJS terms, it's an "accommodation." However, the limitation to the ADA’s policy modification requirements is what is reasonable. If an inmate were to use their cane or walker as a weapon, that modification is no longer reasonable. This would also be a direct threat to the health and safety of others. In this case, jail staff would make different modifications to meet their needs. This ensures they would still have access to the provided program.
There are too many policies to mention, but I’d like to highlight a few that stand out. The ADA Coordinator does not determine the accommodations an inmate is to receive. That involves an interactive process which is initiated through standard medical examinations. “Accommodations” is a colloquial catch-all term commonly used in the incarceration system. Each inmate goes through a medical screening process by medical professionals. The medical staff notifies the ADA Coordinator what the inmate requires. Since the ADAC is not a medical professional, the ADAC does not take part in this. The team Chris Smith works with will oversee figuring out how to fulfill any requests that may arise.
Chris also trains his staff to understand when and how to accommodate the needs of people with disabilities when in the field of duty. An example is teaching deputies why they need to provide effective communication and providing them with resources to address circumstances as they occur. This could be knowing how to provide an ASL interpreter when needed or knowing when using simple notes is appropriate.
I asked Chris how he has been so effective at his job, and why implementing the ADA effectively isn’t more common in the greater criminal justice system. He could only point to the support he has been provided from the leadership of the Larimer County Sherriff's Office and the buy-in he has experienced at all levels. He stated that the overarching goal of the department is to “do right by people.” My takeaway from that was that when you see people as people, it’s a lot easier to reason how to treat people in a civil manner. It may go wrong when people start viewing other people as anything else but people. Poor decisions can easily be made when going down that slippery slope.
Participating in the visit has caused me to make more conscious efforts to do right by all people. Thank you, Deputy Smith!