AVITIA, ROSARIO MACIEL (vs. COSA AND IMMIGRATION AND CUSTOM ENFORCEMENT AGENCY "ICE")

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4.8 Disability Identification, Assessment, and Accommodation I. Purpose and Scope This detention standard requires that facilities housing ICE/ERO detainees act affumatively to prevent disability discrimination. It outlines the necessary processes to ensure that detainees with a disability will have an equal opportunity to participate in, access, and enjoy the benefits of the facility's programs, services, and activities. Such participation will be accomplished in the least restrictive and most integrated setting possible, through the provision of reasonable accommodations, modifications, and/or auxiliary aids and services, as necessary, and in a facility that is physically accessible. This detention standard applies to the following types of facilities housing ERO detainees: • Service Processing Centers (SPCs); • Contract Detention Facilities (CRFs); and • State or local government facilities used by ERO through Intergovernmental Service Agreements (IGSAs) to hold detainees for more than 72 hours. Procedures in italics are specifically required For SPCs, CDFs, and Dedicated lGSA Facilities. Non- dedicated IGSA facilities must conform to these procedures or adopt, adapt or establish alternatives, provided they meet or exceed the intent represented by these procedures. Various terms used in this standard may be defined in standard "7.5 Definitions." II. Expected Outcomes The expected outcomes of this detention standard are as follows (specific requirements are defined in "V. Expected Practices"). For purposes of this standard, reasonable accommodations, disability - related modifications, and auxiliary aids and services are collectively referred to as "accommodations" or "reasonable accommodations." In addition to the'requirements in this detention standard, the facility shall comply with Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act of 1990, as amended (ADA), if applicable, and any other applicable federal, state or local laws or regulations related to nondiscrimination and accommodation for individuals with disabilities. 2. The facility will provide reasonable accommodations to provide detainees with disabilities an equal opportunity to access, participate in, or benefit from the facility's programs, services, and activities. 3. When considering what reasonable accommodations to provide, the facility will engage in an interactive and individualized process that considers the detainee's needs and gives primary consideration to the preferences of the detainee with a disability, as outlined in this standard. 4. The facility shall develop policies or procedures to allow for effective communication with detainees with disabilities — which may include the provision of auxiliary aids and services — during the interactive process as well as within the facility generally. 5. Each facility shall designate at least one staff member to serve as the facility's Disability Compliance Manager. This individual will assist in ensuring compliance with this standard and all applicable federal, state and local laws related to 4.8 1 Disability Identification, Assessment, and 344 PBNDS 2011 Accommodation (Revised December 2016)