Las Vegas Metropolitan Police Department
Partners with the community
Policy Manual
5/107.00 Public Service/Public Order
5/107.01 Interaction with the Hearing Impaired
A.S. 1.2.3, 55.2.3, 71.3.1, 81.2.6
It is the policy of this department that appropriate auxiliary aids and services will be provided, when necessary, to ensure effective communication with persons with hearing impairments. Auxiliary aids and services include qualified interpreters, note pads, written materials, assistive listening devices/systems and other effective methods of making aurally delivered materials available to individuals with hearing impairments. The individual with the hearing impairment should be given their choice of auxiliary aids and services and that choice should be honored whenever possible. The ultimate decision, however, rests with department members who must justify their decision if another method of communication is chosen. For purposes of this order, interpreter means a qualified/certified sign language interpreter.
Interpreters shall be made available before and during all communications with hearing impaired arrestees, victims, and witnesses that communicate in sign language, in accordance with NRS Chapters 50 and 171. The interpreter will act in place of the hearing impaired person and have all the rights and privileges of the subject. Whenever possible, hearing impaired persons must be given an interpreter of choice. Excluded are spouse and relatives of the impaired person, or persons biased for or against one of the parties, unless otherwise agreed upon by the parties involved. The right to an interpreter may be waived in writing by an arrestee after being notified of that right by an interpreter, and there is no barrier to effective communication. The waiver may be retracted anytime from arrest to termination of custody.
Hearing impaired adults and juveniles may be carrying special identification cards issued by the Department of Motor Vehicles and Public Safety. The card bears a picture of the person, and notice on the reverse side of the right to an interpreter upon arrest, and prior to interrogation and taking statements.
Interpreters are available for call twenty-four hours a day, seven days a week, through the Communications Bureau.
Interviewing/interrogating subjects with a hearing impairment
If an interview with a hearing impaired subject is necessary to establish probable cause to make an arrest, an interpreter must be provided if written communication is ineffective. When the services of an interpreter are required to ensure effective communication, the interview must be postponed, and possibly the arrest, until the officer can make arrangements for a interpreter.
If an officer cannot effectively inform the subject of the Miranda rights without the use of an interpreter, then the officer must secure the services of an interpreter to communicate accurately the warnings to the subject prior to any interrogation. An officer can proceed with the interrogation using a note pad only if:
1. exigent circumstances do not permit a delay in the interrogation of the subject;
2. an interpreter cannot be located within a reasonable period of time; AND
3. written communication between the officer and the subject is effective in conveying an understanding of the Miranda rights.
However, if communication becomes ineffective, for example, because the factual pattern is complex, the subject is having difficulty communicating, or the subject chooses to discontinue the interrogation, the officer must discontinue the interrogation and wait until an interpreter is present before continuing the interrogation.
Issuance of non-criminal citations
If an individual without a hearing impairment would have been issued a non-criminal citation without having been questioned by an officer, then a suspect with a hearing impairment in the same situation does not need to be provided with an interpreter. However, if the officer is unable to convey to the violator the nature of the infraction by communicating on a note pad or by using another means of communication, then the officer should use his/her discretion as to whether to call an interpreter to the scene or whether to issue a warning rather than a citation.
Booking arrestees
Arresting/Transporting Officer
1. Makes arrest of person who is hearing impaired and communicates in sign language.
2. Presents the Right to Interpreter Card, LVMPD 49, to inform subject of the right to have an interpreter present before and during all communications. An interpreter must also convey this right as soon as possible after the arrest.
3. Requests Communications to notify an interpreter to respond to appropriate detention facility.
4. Transports subject to detention facility.
Communications
5. Notifies an interpreter to respond immediately to detention facility.
6. Informs requesting officer of name/ETA of interpreter.
Officer
7. Meets interpreter at detention facility to convey to arrestee the right to have an interpreter.
8. Books subject into detention facility.
Detention Personnel
9. Immediately screens hearing impaired arrestees and ensures arrangements have been made for an interpreter or other auxiliary aid.
10. Allows arrestee (assisted by interpreter or detention personnel) phone calls as any arrested person is permitted. May use Telecommunications Device for the Deaf (TDD), if available.
11. Makes available to arrestee, at a minimum, paper, pencil, and two envelopes with first-class postage stamps.
Investigations
Investigator
1. Presents the Right to Interpreter Card, LVMPD 49, to inform hearing impaired arrestee, victim, or witness of the right to have an interpreter present before and during all communications. If the person waives their right to an interpreter and is able to communicate effectively by writing questions and responses on a note pad, then the interview may proceed using a note pad.
2. If unable to communicate effectively by other means, requests Communications to notify an interpreter to be present prior to questioning or taking statements from subject.
Communications
3. Notifies an interpreter to respond at time and place specified by investigator.
4. Informs investigator of name/ETA of interpreter.
Investigator
5. Meets interpreter at designated place and communicates with subject through interpreter.
6. All identifying information on the interpreter must be included in some type of report (arrest report, officer's report, etc.). All written questions and responses between and among officers and persons with hearing impairments must be treated as evidence and handled accordingly. A copy of the written questions and responses must be forwarded with any reports to the Records Bureau and the originals must be placed into evidence. (11/86, 10/03)
Las Vegas Metropolitan Police Department
7391 W. Charleston Avenue, Suite 140
Las Vegas, NV 89117