The parties agree and stipulate that certain terms shall be defined for purposes of this Settlement Agreement:

7.1     “AACDDF” shall mean and refer to the Anne Arundel County Department of Detention Facilities and its employees and contractors.

7.2     “AACDDF facility” or “AACDDF facilities” shall mean and refer to any and all facilities that are owned and/or operated by AACDDF.

7.3     “ADA” shall mean and refer to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

7.4     “Auxiliary aids and services” shall mean qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), video interpreting service, videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments. 28 C.F.R. § 35.104; 28 C.F.R. § 39.103.

7.5     “Complainant” shall mean and refer to the individual who filed the complaint in Department of Justice Matter Number 204-35-247.

7.6     “Department” shall mean and refer to the United States Department of Justice.

7.7     “Disability” shall be defined as it is in the ADA, 42 U.S.C. § 12102(2).

7.8     “Effective communications” shall mean communications with persons with disabilities that are as effective as communications with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities an equal opportunity to participate in or benefit from the services, programs, or activities of a public entity.

7.9     “Inmate” shall mean and refer to any individual who is being housed for any length of time at an AACDDF facility.

7.10    “Qualified interpreter” shall mean and refer to a sign language or oral interpreter who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g. American Sign Language or Signed English) and must be familiar with legal terms and phrases commonly used during booking, and detention.

7.11    “TTYs” or “TDDs” shall mean devices that are used with a telephone to communicate with persons who are deaf or hearing impaired by typing and reading communications.

AACDDF agrees not to engage in any act or practice, directly or through contractual, licensing, or other arrangements, that has the purpose or effect of unlawfully discriminating against any person with a disability in violation of title II of the ADA. Unless otherwise indicated, within 60 days after the effective date of this Settlement Agreement, AACDDF agrees to fully implement each of the following practices and policies.

8.1     Assessment of Disability. AACDDF shall conduct an assessment of all inmates within 24 hours of admittance. AACDDF shall assess whether an individual who is failing to respond to a voiced command or statement, or who is having difficulty communicating with an employee by speaking, may be deaf or hearing impaired. AACDDF may conduct this assessment using gestures (e.g., pointing to his or her own ear), by writing (e.g., writing on paper, “Can you hear me? Are you deaf?”), or by using another visual means of communication.

8.2     Assessment of Need for Auxiliary Aids. If, based on the assessment required by paragraph 8.1, AACDDF concludes that the individual may be deaf or hearing impaired, AACDDF will inform the individual that appropriate auxiliary aids and services are available as necessary for effective communication in AACDDF’s programs and services. AACDDF shall ask the individual, using gestures, writing, or another visual means of communication, what type of auxiliary aids or services are necessary for the individual to communicate effectively. As part of this assessment, AACDDF shall provide a Request for Auxiliary Aids and Services form, included as Attachment A to this Settlement Agreement, to the inmate.

8.3     Rejection of or Failure to Request Auxiliary Aids. Inmates are free to reject or to fail to request auxiliary aids and services, although a failure to request auxiliary aids and services on the Request for Auxiliary Aids and Services form does not relieve AACDDF of its obligations under this paragraph to ensure that inmates are assessed and to inform the inmates of the availability of appropriate auxiliary aids and services. (See paragraph 8.2 above).

8.4     Records. A record of each assessment conducted that results in the determination that the inmate may be deaf or hearing impaired shall be kept on file for no less than three years.

8.5     Provision of Auxiliary Aids and Services. Following and consistent with the assessments described in paragraphs 8.1 and 8.2, AACDDF shall ensure that appropriate auxiliary aids and services are made available to all inmates who are deaf or hearing impaired, where such aids and services are necessary to ensure effective communication with these individuals, so that they may participate in or benefit from AACDDF’s programs and services on an equal basis with other individuals. In determining what auxiliary aid(s) if any to provide, AACDDF shall follow the procedure set out in paragraph 8.9 below. If an inmate initially refuses or does not request appropriate auxiliary aids and services, but AACDDF has reason to believe, at any time during the inmate’s commitment to the facility, that such inmate would benefit from appropriate auxiliary aids and services, AACDDF shall specifically remind the inmate that appropriate auxiliary aids and services are available, discuss the nature of such auxiliary aids and services with the inmate, and present the inmate with a Request for Auxiliary Aids and Services form.

8.6     Advance Notice. If an AACDDF facility receives advance notice from an arresting officer or another source that an individual who is deaf or hearing impaired will be arriving at the facility for detention, AACDDF shall attempt; as soon as possible, to determine what auxiliary aids and services will be necessary for effective communication with that individual. If such a determination can be made, AACDDF will ensure that the appropriate auxiliary aid or service (e.g., sign language interpreter) is in place when the individual who is deaf or hearing impaired arrives at the AACDDF facility.

8.7     Programs and Services. Appropriate auxiliary aids and services shall be made available in all programs and services offered to inmates at AACDDF facilities, including, but not limited to: orientation, medical evaluations and treatment, and during any other programs including, but not limited to rehabilitative, or educational programs offered to inmates at an AACDDF facility. The particular auxiliary aids or services to be provided shall be determined in accordance with paragraphs 8.9 and 8.10.

8.8     Movement Outside Facilities. If an AACDDF inmate will be transferred to another facility for a medical evaluation or treatment, AACDDF shall notify the appropriate official at the subsequent location as to the inmate’s need for appropriate auxiliary aids and services by placing a telephone call in advance to the official; it is understood that AACDDF shall have no responsibility or obligation to ensure that any other medical facility provides appropriate auxiliary aids and services for the inmates when at such facilities.

8.9     Type of Auxiliary Aid or Service. In determining what type of auxiliary aids and services are necessary to comply with the ADA or any provision of this Settlement Agreement, AACDDF shall give primary consideration to the requests of the inmate who is deaf or hearing impaired. See 28 C.F.R. § 35.160(b)(2). AACDDF shall honor the requests unless it can demonstrate that another effective means of communication exists or that use of the means requested would result in a fundamental alteration of AACDDF’s programs and services or in undue financial and administrative burdens. See 28 C.F.R. Pt. 35 App. A (Section 35.160 General). The decision that a particular request for auxiliary aids and services would result in a fundamental alteration of AACDDF’s programs and services or in undue financial and administrative burdens must be made by the superintendent of AACDDF after considering all the resources available for use in the funding and operation of AACDDF’s programs and services and must be accompanied by a written statement of the reasons for reaching that conclusion. See 28 C.F.R. § 35.164.

8.10     Sign Language and Oral Interpreters. Consistent with and pursuant to paragraph 8.9 above, AACDDF shall offer qualified sign language interpreters to inmates who are deaf or hearing impaired and who indicate a preference for a sign language interpreter, and qualified oral interpreters to inmates who are deaf or hearing impaired and who indicate a preference for oral interpreters. Qualified sign language interpreters or oral interpreters will be offered in the following circumstances: during orientation, disciplinary hearings, reclassification hearing, classification appeal, status reviews, any meeting designed to develop or discuss Individual Program Agreements, medical evaluations, meetings with correctional program specialists (A.K.A. correctional counselors/ case managers), and during any other programs including but not limited to rehabilitative, or educational programs offered to inmates at an AACDDF facility. Qualified sign language or oral interpreters may be provided via video interpreting service. AACDDF shall not require or suggest that family members, friends, or other inmates who are not qualified interpreters interpret for deaf or hearing impaired inmates.

8.11     Interpreters. For the period of time that an inmate who is deaf or hearing impaired and whose primary means of communication is sign language or lip reading is housed in an AACDDF facility, AACDDF shall ensure that at least one qualified sign language interpreter or one oral interpreter, whichever is appropriate, is available during those times when a qualified interpreter is not already on the premises, within the Baltimore-Washington Metropolitan area. If no sign language or oral interpreter is on site at the relevant AACDDF facility, AACDDF shall either 1) immediately summon an interpreter or 2) employ video interpreting services whenever an inmate who is deaf or hearing impaired indicates that an interpreter is necessary to communicate an urgent matter to staff or in any other circumstance where it is important that the inmate or AACDDF staff have the assistance of a sign language or oral interpreter to ensure effective communication.

8.12     Procedure for Acquiring Interpreting Services. Each AACDDF facility shall maintain a list of at least three sources offering sign language interpreting services and three sources offering oral interpreting services in the geographic area of that AACDDF facility. Every six months, each AACDDF facility shall verify the accuracy of this list and, if necessary, update the sources included on this list. As soon as an AACDDF has notice that an inmate requires sign language or oral interpreting services, AACDDF will either contact the sources included on this list in an attempt to procure the necessary services or employ video interpreting services. When using video interpreting services, AACDDF shall ensure that: a) the service delivers high quality, clear, delay-free full-motion video and audio over a dedicated high-speed Internet connection; b) the service provides a clear and sharply delineated picture of the interpreter’s and the inmate’s heads, arms, hands, and fingers; and c) voices being transmitted are clear and easily understood. In addition, AACDDF shall ensure that when AACDDF elects to use video interpreting service, AACDDF will only do so when AACDDF can utilize staff that have been trained and are able to operate and connect the system quickly and efficiently. In addition, each AACDDF shall memorialize the procedures required by this paragraph in writing and publicize them to all AACDDF – and all relevant personnel who are responsible for intake, and otherwise meeting the needs of an inmate.

8.13     Interpreter Services Not Available. If, after following the procedures set forth in paragraph 8.12, above, AACDDF are unable to procure a sign language or oral interpreter within two hours after a request by an inmate, AACDDF will either utilize alternative auxiliary aids and services as necessary to facilitate effective communication with the deaf or hearing impaired inmate, or, in the alternative, it will postpone any further communication until interpreter services are available, whichever action is more appropriate under the circumstances. AACDDF shall provide an interpreter within 12 hours after an inmate’s request. The superintendent shall document any inability to procure a sign language interpreter, as well as all actions taken pursuant to this paragraph, and shall provide that information to the Department immediately by facsimile and telephone. AACDDF shall also provide the Department with the reporting information as part of its reporting requirements (see paragraph 9, below).

8.14     Movement Between Facilities.

If a deaf or hearing impaired inmate will be transferred from an AACDDF facility to a non-AACDDF facility, such as a court facility or medical facility for an outside medical appointment, AACDDF shall notify the appropriate official at the subsequent location as to the inmate’s need for appropriate auxiliary aids and services by placing a telephone call in advance to the official.


If a deaf or hearing impaired inmate will be transferred from an AACDDF facility to another AACDDF facility, AACDDF shall ensure that appropriate auxiliary aids and services are made available at the receiving AACDDF facility.

8.15     Infirmary. In the event of medical evaluation or treatment, and upon request by a deaf or hearing impaired individual, AACDDF shall obtain interpreter services no later than 90 minutes after the facility is on notice that the inmate requires medical attention.

AACDDF shall not house an inmate with a disability in the infirmary unless the inmate is in need of medical or psychological assessment or care, except after an individualized assessment that shows that such a placement is necessary because the inmate with a disability would be vulnerable to harm or abuse from other inmates and no other placement would provide an appropriate and safe environment. In such a circumstance the inmate with a disability shall not be denied access to any services or programs for which the inmate is otherwise qualified because of the placement in the infirmary. AACDDF shall document the reason that any inmate with a disability is housed in the infirmary for reasons other than routine medical and psychological assessment or care. AACDDF shall keep documentation on file for a period of three years and shall produce documentation of inmate treatment in the infirmary within five business days of the Department’s request.

8.16     ADA Coordinator. AACDDF shall ensure that an employee at each AACDDF facility is appointed to serve as an ADA Coordinator to deal with and address ADA matters. The ADA Coordinator shall be knowledgeable regarding the ADA and will oversee the provision of appropriate auxiliary aids and services to persons who are deaf or hearing impaired. The ADA Coordinator shall coordinate with outside service providers the provision of auxiliary aids and services and coordinate training sessions as set forth in paragraph 8.21, below. The ADA Coordinator shall also serve as a resource to AACDDF on the ADA.

8.17     Prohibition of Surcharges. All appropriate auxiliary aids and services required by this Settlement Agreement shall be provided to inmates free of charge.

8.18     Telephones.

Each AACDDF facility will provide a TTY device for use by inmates who are deaf or hearing impaired and who require use of a TTY for effective communication. Each facility will also ensure that signs complying with the standards set forth in section 4.30.7(3) and Fig. 43(c) of the Standards for Accessible Design, 28 C.F.R. pt. 36, App. A, identify the TTY. Inmates who are deaf or hearing impaired will be permitted access to the TTY device on the same terms as hearing inmates are permitted access to telephones, except that, to the extent inmates’ telephone calls are subject to time limitations, these limitations will be extended for those inmates using a TTY device. AACDDF shall ensure that the privacy of telephone calls by inmates using TTY devices is equal to that of other inmates’ telephone calls.


AACDDF shall provide a TTY in each housing unit to which an inmate who is deaf or heard of hearing is assigned. AACDDF shall ensure that the TTY located in each housing unit is working properly. AACDDF shall test the TTY’s on a regular basis, no less than every 90 days, to ensure that each unit is functioning properly. If an inmate notifies AACDDF that a TTY is broken, AACDDF shall repair or replace the TTY within 48 hours. In the interim, AACDDF shall provide the inmate with access to a TTY to be housed in the main administrative offices.

8.19     Visual Alarms. AACDDF shall ensure that all inmates who are deaf or hearing impaired have equal access to emergency notification systems compared to hearing individuals.

8.20     Captioning and Decoders. To the extent AACDDF facilities use televisions or other audio-visual aids as part of educational programs, or allow inmates housed at AACDDF facilities access to televisions for recreational or other purposes, AACDDF shall ensure that each AACDDF facility makes closed captioning decoders available to inmates who are deaf or hearing impaired, or shall ensure that the facility uses televisions with the built-in capability to display captions. Clearly stated directions for use of the closed caption capability shall be updated December 25, 2005
8.21     Training. AACDDF shall implement an ADA training curriculum encompassing the policies and practices described in this Settlement Agreement for all staff who provide AACDDF programs and services to individuals who are booked at an AACDDF facility or housed at an AACDDF facility. This training will include the following objectives: to inform AACDDF staff of AACDDF’s legal obligations under the ADA and this Settlement Agreement to provide appropriate auxiliary aids and services where necessary to ensure effective communication with inmates who are deaf or hearing impaired; to promptly identify communication needs and preferences of inmates receiving AACDDF programs or services who are deaf or hearing impaired; and to secure qualified interpreter services as quickly as possible when necessary. AACDDF shall begin conducting training sessions at AACDDF within two months of the effective date of this Settlement Agreement and shall conclude those training sessions within six months of the effective date of this Settlement Agreement. AACDDF shall ensure that all new employees who will have contact with inmates participating in AACDDF’s programs and services shall receive ADA training as a component of pre-service training and orientation. Existing employees shall receive ADA training as a component of regular in-service training. After completing one of the training curricula described above, AACDDF employees shall sign a form, to be developed by AACDDF, indicating that they have done so. AACDDF also will incorporate the policies described in this Settlement Agreement into all relevant training manuals and programs for employees.

8.22     Publication of Policies and Procedures. AACDDF shall ensure that all advertisements for AACDDF programs and services, intake and orientation material, handbooks for inmates, and staff training materials include the statement that AACDDF does not discriminate on the basis of disability. AACDDF agrees to publicize the policies and procedures contained in this Settlement Agreement in all intake and orientation material, handbooks for inmates, and staff training materials. AACDDF shall update the intake and orientation materials within 45 days of this Agreement, and shall update the remaining respective materials during the next regularly scheduled printing date.

8.23     Appeal. AACDDF shall ensure that each AACDDF facility maintains and publishes grievance procedures that inmates may use to appeal decisions made by AACDDF concerning a request for auxiliary aids and services.

9.1     Three, nine, fifteen, twenty-four, and thirty-six months following the effective date of this Settlement Agreement, AACDDF shall provide a written report to the Department regarding its efforts to comply with this Settlement Agreement. Each AACDDF facility shall maintain appropriate records to document the information contained in the report. The report should include, but need not be limited to, the following information:

The date that any individual who is deaf or hearing impaired is booked and/or first detained at an AACDDF facility;


The date a request for an auxiliary aid or service is made by an inmate; the type of auxiliary aid or service requested; a statement whether the request was granted, denied, or whether some other auxiliary aid or service was provided; and the date any auxiliary aid or service was provided, including the name and agency of the qualified sign language or oral interpreter, if applicable;


Any failure by AACDDF to procure sign language or oral interpreter services where necessary for effective communication and the actions taken by AACDDF following such a failure;


Names of persons in attendance at any ADA training provided to AACDDF staff and the dates of such training; and


The release date of any inmate who is deaf or hearing impaired from an AACDDF facility if known, and subsequent disposition, if known.

9.2     The Department may review compliance with this Settlement Agreement at any time and may enforce this Settlement Agreement if the Department believes that it or any requirement thereof has been violated. If the Department believes that this Settlement Agreement or any portion of it has been violated, it will raise its concern(s) with AACDDF and the parties will attempt to resolve the concern(s) in good faith. The Department will give AACDDF 30 days from the date it notifies AACDDF of any breach of this Settlement Agreement to cure that breach, prior to instituting any court action. If the parties are unable to reach a satisfactory resolution within that time frame, the Department may bring a civil action to enforce the Settlement Agreement in federal district court and/or may bring a civil action to enforce title II of the ADA and/or section 504 of the Rehabilitation Act in federal district court.

9.3     Failure by the Department to enforce this entire Settlement Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement.

9.4     Unless otherwise provided, all notices, reports, or other such documents required by this Settlement Agreement shall be sent to the parties at the following addresses or to such other person as the parties may designate in writing in the future:

For notices to the Department:
John L. Wodatch, Chief
Attention: Janine Scott, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue
New York Avenue Building, Room 4023
Washington, D.C. 20530
(202) 305-8710
(202) 307-1197 (facsimile)

For notices to AACDDF:
Superintendent
Anne Arundel County Department of Detention
Jennifer Road Detention Center
131 Jennifer Road
Annapolis, MD 21401
410-222-7084
410-222-7208 (facsimile)

10.1     Entire Agreement. This Settlement Agreement, including Attachment A, constitutes the entire agreement between the parties, and no other statement, promise, or agreement, either written or oral, made by any of the parties or agents of any of the parties, that is not contained in this written Settlement Agreement, shall be enforceable regarding the matters raised herein.

This Settlement Agreement is a complete and final disposition of all claims against AACDDF by the Department related to Department of Justice Matter Number 204-35-247, except as provided in paragraphs 9.2 and 9.3, but does not affect AACDDF’s continuing responsibility to comply with title II of the ADA.

10.2     Term of the Agreement. This Settlement Agreement shall be in full force and effect for a period of three years after the effective date of the Settlement Agreement. The effective date of this Settlement Agreement shall be the date of the last signature below.

10.3     Severability. If any term of this Settlement Agreement is determined by any court to be unenforceable, the other terms of this Settlement Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the Department and AACDDF shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Settlement Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.

10.4     Headings. The paragraph headings in this Settlement Agreement are for convenience only and shall not be deemed to affect in any way the language of the provision to which they refer.

10.5     Signatories Bind Parties. Signatories on behalf of the parties represent that they are authorized to bind the parties to this Settlement Agreement.

10.6     Retaliation and Coercion. AACDDF agrees not to retaliate against or coerce in any way any individual receiving AACDDF aids, benefits, or services who is trying to exercise his or her rights under this Settlement Agreement or title II of the ADA.

10.7     Settlement Agreement Binding on Parties and Successors in Interest. This Agreement shall be binding on Anne Arundel County, AACDDF, its agents and employees. In the event Anne Arundel County seeks to transfer or assign all or part of its interest in any facility covered by this Agreement, and the successor or assign intends on carrying on the same or similar use of the facility as a condition of sale, Anne Arundel County shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement

Agreed and Consented to:

FOR THE UNITED STATES OF AMERICA

Bradley J. Schlozman Acting Assistant Attorney General Civil Rights Division By. ____________________ John L. Wodatch, Chief L. Irene Bowen, Deputy Chief Janine Scott, Trial Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 (202) 307-0663   Dated. November 28, 2005

FOR ANNE ARUNDEL COUNTY:

BY: ________________________________ Robert Walker Chief Administrative Officer Date: 11/17/2005