Terms and Conditions (Part I)

1. This paper shows rules of the Agreement that are for Deaf or Hard of Hearing people on parole or probation with DCS.

2. Each person on parole or probation will have an Internal Intake Assessment to see if that person Appears to be Deaf or Hard of Hearing.

• Every person on parole or probation will have a first meeting. If a person Appears to be Deaf or Hard of Hearing and is Presumed to Know Sign Language, DCS will use VRI until a Communication Plan is done. If the Communication Plan shows that the person on parole or probation needs an in-person interpreter, then Intake will stop until an interpreter can come.
• If a person on parole or probation Appears to be Deaf or Hard or Hearing and is not Presumed to Know Sign Language, DCS will ask the ADA Coordinator to help understand which Auxiliary Aids and Services to use with the person. Intake will stop until the ADA Coordinator can answer.
• If DCS staff cannot figure out a good way to tell a person on parole or probation information, then DCS staff must ask the ADA Coordinator for help on what to do next. Intake must stop until the ADA Coordinator can help.

3. If DCS staff sees that a person on parole or probation Appears to be Deaf or Hard of Hearing, then DCS staff will ask the ADA Coordinator to join the meeting. The ADA Coordinator will explain:

1. 1. What it means to have “communication access” with DCS
   2. That a person on parole or probation has the right to Effective Communication when on parole or probation
   3. What the Communication Assessment means and looks like

4. If the person on parole or probation became Deaf or Hard of Hearing before turning 18, then the ADA Coordinator will ask if it is okay to have an External Communication Assessment. The ADA Coordinator has a list to follow to ask about the External Communication Assessment. This list is called Exhibit #3 and you can find it at the end of this paper. The ADA Coordinator and DCS staff will ask the person on parole or probation to sign a paper to say yes or no to getting an External Communication Assessment. That paper is called Exhibit #4 and you can find it at the end of this paper.

If the ADA Coordinator cannot join the meeting, then the Intake will stop. A new meeting will happen later so the ADA Coordinator can join, and the Intake can be finished.

4. A Communication Assessment will be done for every person on parole or probation who Appears to be Deaf or Hard of Hearing in this way:

• People on parole or probation who were born Deaf or Hard of Hearing will have an External Communication Assessment. If the person on parole or probation was not born Deaf or Hard of Hearing, DCS staff will ask the person on parole or probation if the person was Deaf before the age of 18. If yes, that person will have an External Communication Assessment. If the person on parole or probation does not say ok to the External Communication Assessment, the ADA Coordinator will write the Internal Communication Assessment with the person on parole or probation.
• People on parole or probation who became Deaf or Hard of Hearing as an adult will have an Internal Communication Assessment done by the ADA Coordinator. The ADA Coordinator might decide to do an External Communication Assessment.

5. If the person on parole or probation agrees to an External Communication Assessment, DCS will ask an outside agency to do the External Communication Assessment. DCS will first try to ask the Department of Behavioral Health and Developmental Disabilities (DBHDD). Exhibit #5 shows the agreement for how DCS and DBHDD will work together. You can find Exhibit #5 at the end of this paper. DCS must do the work to find a time and date for the External Communication Assessment (on-line or in person) with the person on parole or probation and the outside agency. If DCS staff can’t share information well with the person on parole or probation and that means they can’t get agreement to do an External Communication Assessment at Intake, the outside agency will ask the person on parole or probation if it is okay before doing the External Communication Assessment. The outside agency will use the Communication Assessment Form to write down what they find out from the External Communication Assessment.

6. If the person on parole or probation does not want the External Communication Assessment, DCS and the person on parole or probation must fill out the Communication Assessment Acceptance/Refusal Form. If the person on parole or probation does not want the External Communication Assessment or became Deaf or Hard of Hearing after the age of 18, the ADA Coordinator will do the Internal Communication Assessment using the Communication Assessment Form. The ADA Coordinator will use the Communication Assessment form to write down the Auxiliary Aids and Services used to share information with the person on parole or probation and what information the person shared back.

7. The ADA Coordinator will use the Communication Assessment Form that was filled out during either the Internal Communication Assessment or External Communication Assessment to come up with a Communication Plan just for that person. The ADA Coordinator will write on the Communication Plan all Auxiliary Aids and Services that the deaf person needs to understand information as well as hearing people.

8. The Communication Plan will have a list of all the ways DCS can share information with the person on parole or probation. The Communication Plan will have a note to tell which way the best way is to share information with the person on parole or probation. The Communication Plan will also have a list of all the Auxiliary Aids and Services that work for the person on parole or probation. DCS will provide these Auxiliary Aids and Services so there can be Effective Communication.

9. DCS will give a copy of the Communication Plan to the person on parole or probation and will put a copy of the paper into the DCS Portal computer system.

10. DCS will give a copy of the Communication Plan to the person on parole or probation. DCS will also keep the Communication Plan on the DCS Portal computer system. DCS will also share the Communication Plan with staff

11. DCS staff will use the Communication Plan. If DCS thinks that making some change to how they share information breaks a rule called 28 C.F.R. § 35.164, then DCS would have to prove those changes are too hard or cost too much money. DCS might also think that making those changes would mean having to completely change how DCS works. DCS would have to prove that. The rule 28 C.F.R. § 35.164 has Paragraph 13. This part of the rule is about how DCS can think about proving that.

12. If DCS works with anyone who sells services or things, those sellers must follow the ADA and the Rehabilitation Act too. If DCS finds out a seller is not following the ADA or the Rehabilitation Act, then that seller cannot work with DCS anymore.

13. If DCS wants to do something different to share information that is not written down on the Communication Plan, the ADA Coordinator must decide if that is ok first. If the ADA Coordinator says this is ok, DCS staff will put a note in the DCS Portal computer system. Sometimes DCS may have to try again to share information in another way.

14. DCS will give DBHDD the reports of Doctors Judy Shephard-Kegl and Amy June Rowley. They worked with two people to figure out which ways are best for them to understand information and communicate. These two people are named Brandon Cobb and Mary Hill. They are two of the people who brought this case to court. DBHDD will follow Paragraphs 2-9 of this paper to fill out a Communication Assessment Form and the ADA Coordinator will fill out a Communication Plan for Mr. Cobb and Ms. Hill.

15. DCS will follow Paragraphs 2-9 to do a Communication Assessment and a Communication Plan for all other Deaf or Hard of Hearing people on parole or probation right now.

16. DCS can use VRI to communicate with Deaf or Hard of Hearing person on parole or probation, but they must follow some rules:

• The Communication Plan of the person on parole or probation must show that VRI is okay for that person.
• The rule 28 CFR § 35.160(d) lists what must be in place for the computer, the internet, the camera, the speaker, and the microphone. The rule also says that DCS staff must have training to use VRI. DCS must follow or do better than this rule to use VRI. VRI must also be working and not broken.
• Another rule called O.C.G.A. § 24-6-657 says that DCS must use a screen big enough for VRI to work. The rule also says the interpreter must be in the right place on the screen so the person on parole or probation can see the interpreter well. The goal is to have Effective Communication. DCS must follow this rule too to use VRI.

17. If the Communication Plan shows that VRI is okay for a person on parole or probation who is Deaf or Hard of Hearing, then DCS staff will use the DCS Chromebook for the VRI.

18. DCS staff should ask the person on parole or probation to say in the person’s own words any directions/information DCS staff give the person.

19. DCS staff can only use DCS cellphones for VRI in emergencies. They must try to use the Chromebook first. If that doesn’t work, they can use DCS cellphones for VRI. If the Chromebook doesn’t work, that must be written down in the DCS Portal computer system to tell why it didn’t work and what was happening at that time. DCS must use body-worn cameras and record with the cameras any time VRI is used. The camera recording must show the VRI screen and the person on parole or probation. If the recording cannot show both at the same time, a second DCS staff member with a body-worn camera should record at the same time to show both the person on parole or probation and VRI screen the whole time.

20. In Critical Interactions, DCS will have one or more in-person interpreters for people on parole or probation who have any kind of interpreter written in their Communication Plans. For other people on parole or probation who don’t have any kind of interpreter in their Communication Plans, DCS will have and use the same Auxiliary Aids and Services for Critical Interactions as the person has used for Intake.

21. If an Unplanned Critical Interaction happens, DCS will get one or more Auxiliary Aids and Services right away. DCS will get the same Auxiliary Aids and Services that must be used for Critical Interactions. If those Auxiliary Aids and Services for Critical Interactions are not available right away, DCS will use one or more other Auxiliary Aids and Services from the Communication Plan of the person on parole or probation. DCS will use those other Auxiliary Aids and Service only until the Auxiliary Aids and Services DCS must use for Critical Interactions become available. DCS will have to contact the ADA Coordinator to plan what to do if the other Auxiliary Aids and Services are not there either. If DCS staff uses other Auxiliary Aids and Services, they must try again with the Auxiliary Aids and Services DCS must use for Critical Interactions. DCS must be sure they shared information in a way that works. For example, if DCS calls an interpreting agency and asks for an interpreter to come in person and that interpreter will not arrive on-site for two hours or more, then DCS may use VRI until the interpreter arrives. DCS can only use the VRI if the person on parole or probation has that written down as okay in the person’s Communication Plan.

22. If DCS is a part of arresting a person on parole or probation, DCS will notify the jail staff about the right ways to share information. If DCS needs to meet with the person while that person is in jail, this is called a Critical Interaction. DCS will ask the jail if it is okay to use the right Auxiliary Aids and Services if DCS comes into the jail to meet with the person on parole or probation. These Auxiliary Aids and Services are listed in Paragraph 20 of this paper. If there are any situations where the jail does not allow DCS to bring Auxiliary Aids and Services when DCS tries to meet with the person, DCS must write it down in the DCS Portal computer system and notify the ADA Coordinator within the next business day. DCS must try to get the Auxiliary Aids and Services right away and they only have one business day after they find out about the arrest to try. DCS has to write down how they tried to get the Auxiliary Aids and Services in the DCS Portal computer system. The meeting between DCS staff and the person on parole or probation in jail should happen within four (4) business days after DCS learns about the arrest. DCS must try its best to get Auxiliary Aids and Services within four business days. If DCS does its best to get Auxiliary Aids and Services in four business days and can’t, that won’t be a reason to punish DCS for not following this Agreement.