Impact of Language Access and the Requirements of Title VI on Law - - PDF document

Impact of Language Access and the Requirements of Title VI on Law Enforcement

September 29, 2017 2-3:30pm Central Time Michael P. LaRiviere, Victim Services, Salem Police Department

This project was supported by Grant No. 2015-TA-AX-K027 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this (document/program/exhibit) are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

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• n this webinar.

Webinar September 29th 2017

The Impact of Language Access and The Requirements

• f Law Enforcement Under

Title VI

Battered Women’s Justice Project

Source of Law

 Title VI- No person in the United States shall, on the

ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial aid assistance.

 LEP Executive Order 13166 (2001)

Requires all agencies receiving any federal financial assistance to:

 Ensure meaningful language access  Develop and implement language access plans  “Where the denial or delay of access may have life or death

• r other serious implications, the importance of the full

and effective delivery of LEP services is at its zenith.”

Points of Identification

 Dispatch  Walk-in  On the scene  Accompanying service agency

(e.g., Child Protective Services)

 Call into station  Others?

Law Enforcement Officers What do you do when you arrive at a crime scene?

First Response

 Locate and secure the scene  Are there any weapons?  Is anyone injured?  Identify the people involved:  Victim  Offender  Witnesses  If offender is not on the scene:  Where is the suspect?  Are they a continuing danger?  Is suspect in possession of weapon?

What do you do when the individuals at the scene are LEP? How can you get the information you need to secure the scene?

DOJ and Exigent Circumstances

 Use the most reliable temporary interpreter

available to address exigent circumstances

Fleeing suspect Weapons Life threatening to the officer /victim/or public

DOJ Requirements for Investigations & Interrogations

 “A qualified interpreter shall be used for

any interrogation or taking of a formal statement where the suspect or witness’ legal rights could be adversely impacted”

 Criminal interrogations  Crime witness interviews  Vital written materials translated into

primary language

 Miranda warnings

Bilingual Officer v. Qualified Interpreter Exigency Shifts to Investigation

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Now that the emergency is over, how do you work with victims, witnesses, and offenders who are limited English proficient (LEP)?

The Investigation Begins

 Call detective  Call Fire/Rescue  Take initial statements  Call crime scene  Photograph  Formal interviews at the station  Develop probable cause  Prepare case for prosecution

Language Resources

 Language Line  Video Remote Interpretation  Immigrant community based

• rganization partners

 Health care providers  School systems

Using Qualified Interpreters

Benefits

 Safety  ID offender  Locate weapons  Admissible statements

(Excited Utterances)

 Offender Accountability

Harms

 Mistaken ID of offender  Risk to LE/Others  Arrest of victim  Misinterpretation

results in inaccurate statements

 Trauma to children  Negative Impact on

cases

Jose Lopez Meza - 2008

 Charged with first degree murder – Charge

was dropped to manslaughter

 Baby died after Meza shook his 3 week old son so

violently the child’s brain began to swell, ultimately killing him

 Detectives used a Spanish speaking officer to assist

with the interview

 Review of the tapes by court appointed certified

interpreters revealed that the officer interpreting left

• ut some of the information, misinterpreted several

statements made by the suspect and the detective

• Certified: Passed language testing specializing in legal or medical

settings; should provide certification number and state; native or near native fluency

• Registered: completed an English fluency test; should provide

registration number and state registered

• Qualified: May not be certified or registered, but has completed

interpreter trainings, fluent in both languages, and understands interpreter ethics and canons

Assessing Interpretation Ability Tips for Working with Interpreters

 Control the interview  Pre-session with the interpreter

 Where are they located?  Establish what your rules are

□ how do you want the interpreter to interpret?  Interpreter has to interpret everything that you say

 Example: when you are explaining confidentiality

Spotting an Ineffective Interpreter

 Can you understand the interpreter?  Does the LEP individual look confused?  Does the interpreter appear confused?  Is the interpreter engaging in side conversations?  Is the interpreter engaging in conversations with the

individual before/after the interpretation meeting?

 Is the interpreter summarizing?  Is everything being interpreted?  Is there a change in the individual’s demeanor?

 Relying on relatives, children, or friends to interpret for

clients

 Only bilingual are used as interpreters, in addition to

the other staff job responsibilities

 No formal arrangements are in place to hire

competent interpreters

 Staff does know how to contract for interpretation

services

 Staff are turning away LEP individuals  No translated materials

Signs You Need a Policy and Plan

National Immigrant Women's Advocacy Project at the American University Washington College of Law 33

Developing an Effective Language Access Plan

Language Access Plan

Identification and assessment of LEP communities Collaboration with LEP communities and other stakeholders Description of timeframes,

• bjectives and

benchmarks Identification of persons who will implement the plan Identification of funding and procurement strategies Staff training on policies and procedures Outreach to notify survivors

• f language

assistance services Monitoring and updating of policies, plan and procedures

21

• How does the LEP population come into

contact with your agency?

• Who is your LEP population?
• How are you serving LEP populations?
• What trainings for staff do you have in place?
• How do you reach your LEP populations?
• What are your policies and procedures?

LEP Plan Self Assessment

National Immigrant Women's Advocacy Project at the American University Washington College of Law 36

Creating Language Accessibility

• Policy: Standards and Guidance -These include definitions,

authorities cited, and the relation to organizational work

• Plan: Map/Blueprint
• Who will implement?
• Staff training and procedures?
• Identifying LEP/Deaf and hard of hearing communities
• Monitoring effectiveness and updating policies
• Outreach and Notices to LEP communities
• How will you provide meaningful access?
• Procedures
• Detailed explanations that specify steps to achieve access

including staff roles, phone numbers, and interpreter contact process

National Immigrant Women's Advocacy Project at the American University Washington College of Law 37

Training on Policies, Protocol and Procedures



Training for bilingual officers, advocates, civilian employees and others on interpretation (Across Jurisdictions)



Qualified interpreter assessments



Access to over the phone interpretation for officers, detectives and other department staff



Expected acquirement of audio/video all inclusive interpreter stations



Development of language access policies, procedures and protocols



Action and procedure memo’s that support meaningful response



Collaboration with service providers, others



Community outreach

Some things SPD is doing to address Language Access

Questions

National Immigrant Women's Advocacy Project at the American University Washington College of Law 26

Michael LaRiviere mlariviere@salempd.net