Aug 28, 2016 - The officer should be sure to include the starting and ending odometer readings from the interpreter's ca
THE RALEIGH POLICE DEPARTMENT 1110-11 INTERPRETER SERVICES FOR THE HEARING IMPAIRED PURPOSE The purpose of this directive is to establish a procedure for obtaining interpreter services for the hearing impaired.
VALUES REFLECTED This directive reflects our values of Compassion, Commitment and High Caliber Service. We are committed to ensuring that communications with the hearing impaired will be as effective as communications with others and that we will treat all our citizens with dignity and respect.
ORGANIZATIONS AFFECTED Police Department/All Divisions Emergency Communications Center City Public Affairs Office
REFERENCES/FORMS N.C. General Statute 8B-2(d) “Appointment of Interpreters” DOI 1110-10 “Interviews and Interrogations”
GENERAL POLICIES Successful police contact with citizens is characterized by effective communication between the parties whether it is a suspect, victim or complainant. The Raleigh Police Department will ensure that non-hearing or hearing impaired persons shall be provided with a qualified interpreter during interviews and during the arrest process. It is the policy of the Department to fully comply both in spirit and in substance with all laws governing reasonable accommodations for the hearing impaired. GENERAL REQUEST AND PROCUREMENT PROCEDURES The City Public Affairs Office will have responsibility for the procurement and payment of interpreters during normal working hours. The requesting officer should notify the Public Affairs Office 48 hours in advance of the time the interpreter is needed. On weekends, holidays, and at times other than normal working hours, it shall be the responsibility of the Emergency Communications Center to procure interpreters. The requesting officer will be provided a listing of both court approved and non-court approved interpreters. If an interpreter is required, the requesting officer will indicate whether a court approved or non-court approved interpreter is needed. Non-court approved interpreters may be used in communicating with complainants or witnesses. If a non-court approved interpreter is needed, the officer should notify the Public Affairs Office or the Emergency Communications Center and give the location at which the interpreter is needed. Court approved interpreters are required when interrogating suspects or arrestees or in any other action where criminal proceedings are likely to follow. Police officers will not call interpreters to places where the interpreter’s safety is in question. In emergencies, a police supervisor may transport an interpreter to a scene of potential danger. The supervisor should first explain the situation to the interpreter and take whatever reasonable precautions to insure the interpreter’s safety. When non-court approved interpreters are requested during normal business hours, the Communications Center should first try to locate Raleigh City employees who possess interpreter skills. At times other than normal business hours, the Emergency Communications Center should contact an interpreter from a rotating list of private, on-call interpreters. If the interpreter is not a City employee, the requesting supervisor should be sure to complete a payment voucher. The officer should be sure to include the starting and ending odometer readings from the interpreter’s car. Also, the time that the interpreter arrives should be noted. The completed payment voucher will be forwarded to the City Public Affairs Office for payment. QUESTIONING OF COMPLAINANTS OR WITNESSES Non-court approved interpreters should be adequate in most situations where the hearing impaired person will not be charged with a criminal offense. If a witness’s testimony is likely to be a key element of the prosecution, the officer may wish to re-interview the witness prior to the trial date using a court-approved interpreter.
INTERROGATION OF SUSPECTS WHO ARE NOT IN CUSTODY Officers are not legally required to provide interpreters to suspects who have not been arrested or who are not in custody. However, the officer should weigh the following factors against the inconvenience of obtaining an interpreter. • Due to their handicap, many hearing impaired persons have poorly developed reading skills. • If suspects successfully contend that they could not adequately read their Miranda rights, all handwritten statements and other evidence will later be excluded from court. Miranda Warnings If an officer believes that Miranda warnings are required, the officer should proceed as follows: • Request that the suspect read the “Waiver of Rights Form.” The officer will not instruct the suspect on how to complete the form. The officer will simply allow the suspect to read the form and observe the response. − If the suspect completes the form correctly, this may later be used to demonstrate that the suspect is capable of reading at an appropriate level of comprehension. − If the suspect is not able to complete the form correctly, the officer will not proceed with the interrogation. The officer will notify a court approved interpreter and proceed only after the interpreter has translated the warnings to the suspect. • The officer will request that the suspect give a statement in the suspect’s own handwriting. These written statements can later be used to substantiate contentions that the suspect could read effectively. INTERROGATION OF PERSONS UNDER ARREST Officers are legally required to provide court-approved interpreters to hearing impaired persons under arrest or in custody, prior to any questioning. The arrestee may not waive this right unless the arrestee’s attorney is present. Demonstrating Comprehension The mere presence of an interpreter does not guarantee that evidence volunteered by the arrestee will be accepted by the courts. The prosecution must demonstrate that the interpreter was able to communicate effectively with the arrestee. The best demonstration of effective communication with a hearing impaired arrestee is a video tape of the interrogation.
Incarceration of Hearing Impaired Arrestees If an officer does not intend to question a hearing impaired arrestee, the officer should inform the Wake County Magistrate of the arrestee’s impairment at the time the arrestee is brought before the Magistrate. The Wake County Magistrate will make a determination as to whether an interpreter will be required for a bond hearing. If the Magistrate feels that an interpreter is necessary, the officer should not assume financial responsibility for procuring one nor should the supervisor forward a payment voucher to the Public Affairs Office.
