It is the policy of the Saint Paul Police Department to furnish appropriate auxiliary aids and services whenever necessary to ensure effective communication with individuals who are deaf, hard of hearing, deaf/blind, have hearing loss and/or for who English is a second language.

Minnesota Statute 611.31 says, a “"person disabled in communication" means a person who:

(1) Because of a hearing, speech or other communication disorder, or (2) Because of difficulty in speaking or comprehending the English language, cannot fully understand the proceedings or any charges made against the person, or the seizure of the person's property, or is incapable of presenting or assisting in the presentation of a defense.”

Definitions:

Auxiliary Aids and Services:  Any item that may assist in ensuring effective communication.  Examples include, pen and paper, note cards, texting, assistive listening devices. Services include Communication Access Realtime Translation (CART), commonly referred to as “real time captioning” providers and interpreters.  Officers are encouraged to allow individuals to offer auxiliary devices to aid in communication as well.

American Sign Language (ASL): A visual language where communication is made through various hand signs and gestures.  The English language is commonly a second language for deaf individuals.

Certified Interpreter: A hearing person who is nationally certified to interpret the signed message into spoken English for hearing people and interpret the spoken message into American Sign Language (ASL) for individuals who are deaf, or transliterate the spoken message into sign using English word order for people who are not fluent in ASL. In addition, a “certified interpreter” must have one of the following minimum certification qualifications (or their equivalents), which are current and up to date:

  1. A valid Certificate of Interpretation (CI) and Certificate of Transliteration (CT) from the Registry of Interpreters for the Deaf (RID)

  2. A Comprehensive Skills Certificate (CSC) from RID

  3. A valid Level 4 or 5 Certificate from the National Association for the Deaf (NAD)

  4. Advanced or Master level NAD-RID National Interpreter Certification (NIC) from the National Council on Interpreting

Translanguages is the current provider to the department and their interpreters meet the above guidelines.

Certified Deaf Interpreter (CDI): CDI’s are deaf or hard of hearing individuals who are nationally certified by the RID. While a certified hearing interpreter may be adequate in many situations, CDIs are particularly useful when the communication mode used by the deaf consumer is unique, such as when they have minimal or limited communication skills or use signs that a hearing interpreter may not be familiar with (non-standard signs, “home” signs, a foreign sign language, regional signs, etc.).  CDI’s have specialized training and/or experience in the use of gesture, mime, props, drawings and other tools to enhance communication.

Communication Access Real-time Translation (CART) Captioning: A CART provider is word-for-word speech-to-text service that displays complete translation of all spoken words and environmental sound in real time to accurately communicate the integrity of the message.

Deaf blind: a person who has a degree of deafness and blindness. This person would need a special kind of interpretation called tactile, pro-tactile or “hands-on.”

Scheduled Event: an event or encounter between a member of the department and people who are deaf or hard of hearing which is scheduled ahead of time. Scheduled events would include, but are not limited to:

  • Meetings to take a crime report

  • Meetings with complainants, victims, witnesses

  • Meetings with arrestees/detainees such as an in-custody Miranda interview

Scheduled events do not include encounters between officers or staff and deaf or hard of hearing citizens during the normal call for service.

Primary Consideration Given to a Deaf or Hard of Hearing Person’s Request:

The Department is committed to treating deaf and hard of hearing persons with respect and care.  The Department will take reasonable measures to provide an environment conducive to effective communication with deaf and hard of hearing persons, including, to the extent possible, providing a quiet room with adequate light, WiFi access, and space for team interpreters to sit or stand.  The Department will be mindful of the specialized communications needs of deaf and hard of hearing persons including, where possible consistent with applicable safety and security standards, not handcuffing deaf and hard of hearing persons in back where such handcuffing might impair their ability to communicate. The Department will also be mindful of the length of a scheduled interview. There are limitations for an interpreter for how long they should be performing their work without a break or when multiple interpreters may be needed.

In making the determination about which auxiliary aid or service will be provided for effective communication with people who are deaf or hard of hearing, an officer will give primary consideration to the deaf or hard of hearing person’s request. “Primary consideration” means that the officer will honor the individual’s request unless the officer has an equally effective alternative or if the chosen auxiliary aid or service would result in a fundamental alteration of the services, programs, or activities, or would be an undue financial or administrative burden.  

The Department agrees that the deaf and hard of hearing person is normally in the best position to determine when an interpreter or other auxiliary aid is necessary for effective communication, and what kind of auxiliary aid is most appropriate to communicate effectively. The determination of which auxiliary aid will be used will be made promptly. When an officer has reason to believe that a person may be deaf or hard of hearing, s/he must inquire whether the person needs a certified interpreter or another auxiliary aid.  

Communicating with a Suspect Prior to Arrest:

All persons who are deaf, hard of hearing, deaf/blind, have hearing loss and/or for who English is a second language will be treated equally under the law. If probable cause exists to make an arrest, an officer should not provide disparate treatment to a person who is disabled in communication.  The officer should use reasonable means to communicate based on the totality of the circumstances, including available auxiliary aids and services. While it is not mandatory to have an interpreter present prior to an arrest being made, officers are encouraged to contact a supervisor to determine if an interpreter will be needed as time and circumstances allow.   Minor children present during an arrest will not be used to interpret.  Officers should exercise good judgement when asking children to interpret for other calls for service when a member of their family has been a victim.

Communicating with a Suspect after an Arrest:

Saint Paul Police officers are required to communicate to all suspects why they are being detained or arrested. 

Prior to transport or as soon as feasible, the transporting officer shall notify the Ramsey County Adult Detention supervisor that a person who is deaf, hard of hearing or deaf/blind will be turned over to their custody and, if relevant, the need for an interpreter or other auxiliary aid of service. 

If property is seized under Minnesota Statute 609.531, subdivision 4: Seizure, from a person disabled in communication, the seizing officer will make a certified interpreter available if the person whose property was seized is deaf, hard of hearing or deaf/blind and requests one.

Prior to interrogating or taking the statement of a suspect who is deaf, hard of hearing or deaf/blind the arresting officer must make a certified interpreter or CART provider available to the suspect to assist them throughout the interrogation or taking of a statement (Minnesota Statute 611.32). An arresting officer may not have another officer or investigator interpret for them during an interrogation or taking of a statement. All interrogations with persons who are deaf, hard of hearing or deaf/blind will be video recorded in order to document the actual words spoken by the suspect, the arresting officer, and any interpreter. Interrogations of all others will be audio taped.  If an interpreter or CART provider is used, all identifying information about the interpreter or CART provider will be included in the officer's report.  The investigator must ensure that video is adequate to capture all interpreters’ visual communication.  CART providers will be asked to provide a transcript of the interview.

A suspect who is deaf, hard of hearing or deaf/blind may waive the assistance of an interpreter or CART provider and consent to typed or written communication once the officer has reasonably determined that the suspect understands the waiver.  In such cases, all written communications must be retained. The originals must be turned in to the property room or property room locker as evidence, and a copy turned in with the officer’s reports.

In all cases the Miranda rules apply.

Communicating with a Victim or Critical Witness:

Officers must provide auxiliary aids or may provide an interpreter or CART provider as necessary to communicate effectively with complainants, witnesses, or victims promptly after learning such individual is deaf, hard of hearing, deaf/blind, has hearing loss or for whom English is a second language. 

Procedure for Scheduled Events:

For scheduled events, the City will use only certified sign language interpreters (as defined in this agreement) to interpret communications with people who are deaf or hard of hearing.  The City will provide as many certified interpreters as required in order to accommodate a particular scheduled event.  If during the scheduled event the deaf or hard of hearing person requests another type of auxiliary aid rather than a certified interpreter, that request will be granted.  Should this occur, the deaf or hard of hearing person’s request for an alternative auxiliary aid must be made through the use of a certified interpreter in order to avoid any possibility of misunderstanding.

Obtaining a Certified Interpreter or CART Provider:

If an officer needs a certified interpreter or CART provider, they should contact the unit that will investigate the case, their supervisor or the watch commander for authorization. The executive sergeant of the Major Crimes Division is the deaf and hard of hearing coordinator and can be utilized, as well as the ECC, to assist in obtaining an interpreter or CART provider.  Officers not obtaining an interpreter or CART provider should consider utilizing auxiliary aids to enhance communication. 

Information for the Report:

As previously mentioned, if communication is accomplished in writing or typewritten, the original writings must be turned in as evidence and a copy turned in with the officer's report. If a certified interpreter or CART provider is used, all information about the interpreter or CART provider (full name, full address, and contact phone numbers) must be written in the officer's report.  As outlined above, suspect interrogations must be video, or audio recorded.  Video and/or audio recording is also recommended for victims and witnesses who are deaf, hard of hearing, deaf/blind and have hearing loss. This procedure will assure that any dispute regarding proper interpretation of a person's statements can be properly resolved later if necessary.

Revised April 1, 2020

Last Edited: April 1, 2020