Being in jail is daunting, especially for a person who is deaf. Inability to communicate with jail staff or reach out for help can mean long waits for legal counsel or family visits. Deaf inmates often go without needed medication or access to services and supports.
Four Minnesota counties will change their jail practices in response to lawsuits centering on disability and discrimination. Isanti, Rice, Stearns and Washington counties are making the policy changes, as a result of incidents in 2014 and 2015. The counties will work to remove communications barriers by providing faster access to American Sign Language (ASL) interpreters, updating communication equipment and hiring or assigning staff to coordinate services for the deaf.
The seven plaintiffs received undisclosed monetary settlements. Three were held at the Stearns County Jail in St. Cloud, with two in RiceCounty and one each in Washington and Isanti counties. The Minnesota Counties Insurance Trust worked on the settlements and is supportive of the corrective measures.
The settlements were announced October 18 at Thompson Hall in St. Paul, a center for the deaf community. Three people who had been jailed described their experiences, as did attorneys Rick Macpherson of the Minnesota Disability Law Center and Heather Gilbert of Gilbert Law Office, Roseville. Gilbert is a certified court interpreter. The Minnesota Association of Deaf Citizens was also involved and is helping to spread the word that deaf Minnesotans not be unfairly isolated when they are jailed.
“Jail is already a hard experience, but for people who are deaf or hearing impaired, it’s more so,” said Gilbert.
Choua Yang spent four extra days in the Washington County Jail after he couldn’t reach his probation officer. “I ended up missing Christmas with my family, which was incredibly upsetting. I felt so isolated.”
Others spoke of misunderstandings that led to them being jailed for longer than needed, and of missed supports such as AA meetings and church. One person missed parenting class, which resulted in a loss of child custody.
Although other counties have already updated their staff training and accommodations, advocates admit that continuing to make changes has been a jail-by-jail process. Some counties still use outdated teletypewriter or TTY devices instead of modern video-conference phones. One man who was jailed said he had to repair the jail’s broken TTY device before he could use it.
Some jail staff will simply hand a deaf person a piece of paper and a pen. But writing notes back and forth is not only slow and cumbersome, it also can result in misunderstandings. ASL has its own syntax and grammar, and doesn’t mirror English, said Macpherson.
None of the four jails involved in the settlement had ASL interpretation or videophones available at the time the plaintiffs were arrested. Gilbert criticized the use of TTYs, calling the machines “an archaic device.” Most people no longer have TTYs in their homes to make or accept calls. One of the plaintiffs had to fix a jail’s TTY to get it to work.
Relay services don’t work if the person answering a call is hearing impaired or deaf. “For more than 16 years the videophone has been the predominant form of communication,” Gilbert said. Yet too many jails resist installing the devices, which are inexpensive.
Not providing accommodations is a violation of state and federal laws, said Gilbert. “Hearing people can interact with staff as soon as they get to jail.” But people who are deaf or hearing impaired struggle to communicate. The inmates cannot hear public address system announcements and miss out on information such as when meals are served, when recreation time is offered or when a jail goes into lockdown.
One of the keys to better service is making sure all jails have someone designated to coordinate services for the deaf, instead of leaving the issue to whomever is on duty when a deaf inmate comes in. Another is using technology and training to provide adequate communications.
Macpherson said the issues of inadequate jail communications aren’t new. Even though there have been high-profile cases and legal settlements in Ramsey, Dakota and Itasca counties, the communication issues don’t receive high priority. Yet the cost involved in providing needed communication services is relatively small and is much less than what can be spent on a legal dispute.
It is hoped that the agreements reached will serve as models for other jails, said Macpherson. While many of the accommodation issues are already outlined in state law, bills that would bring further improvements have languished during recent legislative sessions.