The Justice Department has announced a settlement agreement with the Wisconsin Department of Corrections (WDOC) under Title II of the Americans with Disabilities Act (ADA). This agreement aims to ensure that incarcerated individuals who are deaf or hard of hearing have equal access to WDOC’s programs, services, and activities. These include educational, counseling, medical, recreational, and prison employment programs. The settlement resolves an investigation into complaints that WDOC did not provide necessary auxiliary aids and services to inmates with hearing disabilities.
As part of the agreement, WDOC will provide appropriate auxiliary aids and services such as sign language interpreters, video telephones, visual notification systems, and hearing aids when needed. Additionally, WDOC must make reasonable modifications to its policies and procedures to accommodate inmates with disabilities. These modifications include handcuffing in front to allow communication via sign language and allowing extra time for telephone calls that require an interpreter.
“The ability for incarcerated people with hearing disabilities to understand and to be understood is a critical protection provided by the ADA,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to ensuring that correctional institutions eliminate barriers, including communication barriers, that prevent inmates with disabilities from participating fully in prison programs.”
“People with disabilities in Wisconsin deserve equal access, and that does not change when they are incarcerated,” said U.S. Attorney Gregory J. Haanstad for the Eastern District of Wisconsin. “The Wisconsin Department of Corrections has now committed to removing barriers to participation for inmates with disabilities in WDOC facilities, including inmates with hearing disabilities. Our office remains dedicated to supporting efforts to improve access and inclusion for everyone in Wisconsin.”
Under this agreement, WDOC will implement a process starting at intake and continuing throughout incarceration to identify and accommodate inmates with hearing disabilities. They will develop individualized communication assessments and plans; provide ADA training for staff; and pay $15,000 in compensation to three incarcerated individuals who were harmed.
The Justice Department’s Civil Rights Division along with the U.S. Attorney’s Office for the Eastern District of Wisconsin handled this matter.
For more information on the Civil Rights Division or ADA-related inquiries or complaints visit www.justice.gov/crt or www.ada.gov.