Charlotte-Mecklenburg, N.C.

Police Department

Directives Manual

 

Interpreting for the Deaf and Hard of Hearing

Addendum - Practical Suggestions for Communicating

 

600-026

Effective Date: 01-26-07

 

I. PURPOSE

 

The purpose of this policy is to ensure that the Charlotte-Mecklenburg Police Department provides a consistently high level of service to all persons who are deaf or hard of hearing. This Department will comply with the rights and obligations prescribed by the North Carolina General Statutes and the Americans with Disabilities Act (ADA) to communicate effectively with people who are deaf or hard of hearing.

 

II. POLICY

 

The Department will endeavor to provide individuals who are deaf or hard of hearing with the level of service equivalent to that provided to other persons. The Department will attempt to ensure that all its employees communicate effectively with people who are deaf or have a hearing disability.

 

III. DEFINITIONS

 

A. Deaf person: a person whose hearing impairment is so significant that the individual is impaired in processing linguistic information through hearing, with or without amplification.

 

B. Qualified interpreter: an interpreter certified and licensed as qualified under standards and procedures promulgated by the Department of Human Resources and in accordance with N.C.G.S. 90D.

 

IV. PROCEDURE

 

A. Deaf Persons Under Arrest

 

1.      While at the scene, the officer shall make a preliminary determination of the person's comprehension and make efforts to determine what appropriate accommodation is required. These efforts may include the use of gestures or visual aids to supplement oral communication including: the use of notepad and pen or pencil to exchange written notes; use of an assistive listening system or device to amplify sound or the use of a qualified oral or sign language interpreter.

 

2.      If the officer believes that a person he or she has arrested is deaf, the officer shall notify Communications that a qualified and licensed interpreter is needed. The type of aid or service requested by the person with the hearing disability must be given primary consideration.

 

3.      Qualified and licensed interpreters must be used to interview deaf or hard of hearing suspects or arrestees and in any other actions where criminal proceedings are likely to follow. Family and friends of the suspect or arrestee shall not interpret for the arrestee.

 

4.      If an officer does not intend to question a deaf or hard of hearing arrestee, the officer should nonetheless inform the magistrate that the arrestee is deaf or hard of hearing or has other communication needs at the time he/she is presented before the magistrate.

 

B. Contact with Deaf or Hard of Hearing Individuals not under Arrest

 

1.      Officers and Department employees shall not interpret for a deaf person who is a party to or a witness in any civil or criminal proceeding in any superior or district court or proceedings before the magistrate.

 

2.      Officers and Department employees shall not interpret for a deaf person who is a party to or a witness in any administrative proceeding before any department, board, commission, agency or licensing authority of the state or of any county or city of the State.

 

3.      Effective communication with a person who is deaf or hard of hearing involved in an incident, whether as a victim, suspect or arrestee, is essential to ascertaining what actually occurred, the urgency of the matter, and the type of situation. Efforts should be made to accommodate the deaf or hard of hearing person's request for an interpreter.

 

4.      Qualified and licensed interpreters should be used in communicating with complainants or witnesses when court proceedings are likely to occur.

 

5.      In general interaction, the appropriate accommodation for a deaf or hard of hearing person will vary with the length and complexity of the communication involved. In certain circumstances, oral communication supplemented by gestures and visual aids or an exchange of written notes will be an effective means of communication with people who are deaf or hard of hearing.

 

C. Communications Division

 

1.      The International Relations Unit shall provide Communications with a list of qualified and licensed interpreters, including sign language and oral interpreting services, who have previously agreed to provide this service.

 

2.      Upon receiving a request from an officer for an interpreter for a suspect or arrestee, Communications shall make contact with an interpreter. If the interpreter cannot confirm that they can be en route within 30 minutes from the time of notification, another interpreter on the list shall be contacted.

 

3.      The officer requesting the interpreter shall provide the International Relations Unit the approximate number of hours expended for interpreting.

 

D. International Relations Unit

 

1.      The International Relations Unit will handle the contracts for the interpreter and will receive the invoices from the interpreter.

 

E. Payment

 

1.      Any auxiliary aid or service needed for effective communication by a person who is deaf or hard of hearing will be provided to them without charge by the Department.

 

V. REFERENCES

 

G.S. 8B, G.S. 90D

Americans with Disability Act, Title II

U.S. Department of Justice, Civil Rights Division, Model Policy

 

 

 

Addendum to 600-026

 

Practical Suggestions for Communicating Effectively with Persons who are Deaf or Hard of Hearing

 

1.      Before speaking, get the person's attention with a wave of the hand or a gentle tap on the shoulder.

 

2.      Face the person and do not turn away while speaking.

 

3.      Try to converse in a well-lit area.

 

4.      Do not cover your mouth or chew gum.

 

5.      If a person is wearing a hearing aid, do not assume the individual can hear you.

 

6.      Minimize background noise and other distractions whenever possible.

 

7.      When you are communicating orally, speak slowly and distinctly. Use gestures and facial expressions to reinforce what you are saying.

 

8.      Use visual aids when possible, such as pointing to printed information on a citation or other document.

 

9.      Remember that only about one third of spoken words can be understood by speech reading.

 

10.  When communicating by writing notes, keep in mind that some individuals who use sign language may lack good English reading and writing skills. Preserve all notes.

 

11.  If someone with a hearing disability cannot understand you, write a note to ask him or her what communication aid or service is needed. Preserve all notes.

 

12.  If a sign language interpreter is requested, be sure to ask which language the person uses. American Sign Language (ASL) and Signed English are the most common. Remember that the process of signing involves rapid gestures of an individual's arms and hands, which may impact an individual's ability to respond to certain commands.

 

13.  When you are interviewing a witness or a suspect or engaging in any complex conversation with a person whose primary language is sign language, a qualified interpreter is usually needed to ensure effective communication.

 

14.  When using an interpreter, look at and speak directly to the deaf person, not to the interpreter.

 

15.  Talk at your normal rate, or slightly slower if you normally speak very fast.

 

16.  Only one person should speak at a time.

 

17.  Use short sentences and simple words.

 

18.  Do not use family members or children as interpreters.

 

19.  If the individual uses sign language, consider handcuffing them in the front rather than the back, if safety considerations permit.

 

Charlotte-Mecklenburg Police Department

601 East Trade Street

Charlotte, NC 28202