SOP_NUMBER: 103.63
TITLE: Americans with Disabilities Act (ADA), Title II Provisions
DIVISION: Executive Division (Office of Professional Standards)
TOPIC_AREA: Policy-Investigations/Compliance
EFFECTIVE_DATE: 2018-04-20
WORD_COUNT: 6179
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/264062
URL: https://gps.press/sop-data/103.63/
SUMMARY:
This policy establishes how the Georgia Department of Corrections ensures compliance with the Americans with Disabilities Act (ADA) Title II, which requires the agency to provide reasonable accommodations and accessibility to programs, services, and activities for incarcerated individuals and probationers with disabilities. The policy applies to all GDC staff and facilities, prohibits discrimination based on disability in administrative decisions and program access, and permits exceptions only when accommodations create undue burden or direct threats to safety and security. The policy establishes the roles of Agency and Facility ADA Coordinators and defines key concepts such as disability, reasonable accommodations, and direct threats.
KEY_TOPICS: Americans with Disabilities Act, ADA Title II, disability accommodations, reasonable accommodations, direct threat, auxiliary aids and services, accessibility, non-discrimination, physical impairment, mental impairment, major life activity, ADA Coordinator, undue burden, civil rights
ATTACHMENTS:
1. Offender ADA Accommodation Request Form
URL: https://gps.press/sop-data/103.63-att-1/
2. Warden's_Superintendent's ADA Accommodation Request Response
URL: https://gps.press/sop-data/103.63-att-2/
3. ADA Accommodation Request Appeal Form
URL: https://gps.press/sop-data/103.63-att-3/
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FULL TEXT:
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|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 1 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
**I.** **Introduction and Summary:** This Standard Operating Procedure provides
information concerning how the Georgia Department of Corrections (GDC) shall
maintain compliance with the Americans with Disabilities Act (ADA). The ADA is a
Civil Rights law, which requires the agency to provide Reasonable Accommodations
and accessibility to programs, services, and activities for offenders with disabilities.
The GDC shall ensure compliance with the law, with the only exceptions of Undue
Burden or Direct Threats to safety and security. The agency prohibits discrimination
based on an offender’s Disability when making administrative decisions and in
providing access to programs, services, and activities.
**II.** **Authority:**
A. The Americans with Disabilities Act of 1990: 42 U.S.C. §12102, § 12131-34, and
28 C.F.R. §35.101 _et seq.;_
B. Rehabilitation Act of 1973: §504, 29 U.S.C. 794 (a) – (d);
C. O.C.G.A. §30-3-3;
D. Ga. Comp. R. & Reg. 120-3-20-.01, _et seq._
D. GDC SOPs: 103.08 Searching, Handcuffing, and Transporting Prisoners, 104.21
Americans with Disabilities Act, Title I (Employment Provisions), 106.01
Purposes (Chaplaincy Program), 106.04 Chaplaincy Services, 106.10 Communion
Wine, 106.12 Wicca (Witchcraft) Guidelines, 106.13 Native American
Guidelines, 107.02 Access to Services and Programs, 108.03 Special Education,
108.08 Vocational Education, 108.09 Vocational Education, 108.11 Vocational
Services OJT Programs, 205.57 Post Orders, 208.06 Prison Rape Elimination Act
(PREA) Sexually Abusive Behavior Prevention and Intervention Program, 209.04
Use of Force and Restraint for Offender Control, 209.06 Administrative
Segregation, 213.03 Probation Detention Center, 213.14 Detainee Grievance
Procedure, 220.03 Classification Committee, 214.02 Performance Incentive
Credit, 220.05 Diagnostic Reception, Orientation, and Processing, 222.01 InterInstitutional Transfer (Physical Limitation Transfers), 222.08 Sex Offender
Registry, 227.01 Inmate/Probationer Access to Telephone, 227.02 Statewide
Grievance Procedure, 410.04 Space Planning, 410.06 Mechanical, Electrical,
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 2 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
Plumbing Design Standards, 410.05 Capital Planning & Administration, 502.01
Recreation Administration, 503.02 Reentry Pre and Post Release Planning,
507.04.23 Medical Classification and Profiling, 507.04.25 Health Screening
Offender/ Probationer Transfers, 507.04.49 Health Promotion and Disease
Prevention, 507.04.58 Special Needs Treatment Planning, 507.04.59 Assisted
Living Medical Bed Spaces, 507.04.63 Medical Prostheses, 508.14 Mental Health
Reception Screen, 508.16 Mental Health Level of Care, 508.20 Mental Health
Rounds in Isolation/Administrative Segregation Units, 508.33 Transfer of
Seriously Mentally Ill Offenders/ Probationers, 508.34 Clearance for Transitional
Services; and
E. ACA Standards 4-4133, 4-4142, 4-4143, 4-4144, 4-4277, 4-4399, 4-4429, 4-4429
1, 4-4475, and 4-4497.
**III.** **Definitions:**
A. **Agency ADA Coordinator -** An individual appointed by the Commissioner to
ensure agency’s compliance with ADA requirements.
B. **Americans with Disabilities Act (ADA) -** Ensures that all individuals with
disabilities are guaranteed the same rights and privileges as those without
disabilities.
C. **Auxiliary Aids and Services** - Materials and personal services that may be used
to provide effective communication and Reasonable Accommodations for people
with visual, hearing, speech, or cognitive disabilities, who are qualified under the
ADA.
D. **Direct Threat to Health and Safety** - Under the ADA, a direct threat may exclude
an individual from a public entity’s program, service, or activity. A Direct Threat
must be a significant risk to the health and safety of self or others that cannot be
eliminated or reduced to safe levels through a Reasonable Accommodation. A
direct threat cannot be based upon stereotypes or unfounded fears.
E. **Disability** - The term “Disability” means, with respect to an individual:
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 3 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
1. A Physical or Mental Impairment that substantially limits one or more major
life activities of such individual;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.
F. **Facility ADA Coordinator** - An individual, appointed by the Warden or
Superintendent, who provides consultation to his/her assigned facility on
reasonable accommodation requests from offender population in concert with and
to assist the Agency ADA Coordinator in ensuring the agency’s compliance with
ADA. The designated Facility ADA Coordinator shall be:
1. The Deputy Warden of Care and Treatment (DWCT), Assistant Warden,
Counselor, or a Unit Manager at state and private prisons; or
2. The Assistant Superintendent at Detention Centers, Transitional Centers, and
Treatment Centers.
G. **Fundamental Alteration** - A change that is so significant that it alters the essential
nature of the goods, services, facilities, privileges, advantages, or accommodations
offered
H. **Major Life Activity** - Functions to include, but not limited to, caring for oneself,
performing manual tasks, walking, seeing, hearing, eating, speaking, breathing,
learning, and working.
I. **Mental Impairment** - Any mental or psychological disorder to include, but not
limited to, intellectual and developmental disabilities, organic brain syndrome,
emotional or mental illness, traumatic brain injuries, and learning disabilities.
J. **Physical Impairment** - Any physiological disorder or condition, to include but
not limited to cosmetic disfigurement, or anatomical loss affecting one or more of
the following body systems: neurological, musculoskeletal, special sense organs,
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 4 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
respiratory (including speech organs), cardiovascular, reproductive, digestive,
genitourinary, hernic and lymphatic, skin, and endocrine.
K. **Qualified Individual with a Disability** - An individual with a Disability, who,
with or without reasonable modifications to rules, policies, or practices, the
removal of architectural, communication, or transportation barriers, or the
provision of Auxiliary Aids and Services (collectively referred to as “Reasonable
Accommodation”), meets the essential eligibility requirements for the receipt of
services or the participation in programs or activities provided by a public entity.
**Note: If an individual poses a Direct Threat to the health and safety of others,**
**he or she is not considered a qualified individual with a Disability.**
L. **Qualified Interpreter** - Someone who is able to interpret effectively, accurately,
and impartially, both receptively (i.e. understanding what the person with the
disability is saying) and expressively (i.e. having the skill needed to convey
information back to the person) using any necessary specialized vocabulary.
M. **Reasonable Accommodation** - Any change or adjustment that would not
fundamentally alter the nature of a service, program, or activity of a living or work
environment; including reasonable modifications to rules, policies, or practices,
the removal of architectural, communication, or transportation barriers, or the
provision of Auxiliary Aids and Services that permit participation of qualified
offenders with disabilities.
N. **Rehabilitation Act of 1973** - The federal civil rights law protecting the rights of
individuals with disabilities. Section 504 provides that "no otherwise qualified
individual with a Disability in the United States…solely by reason of his or her
Disability, be excluded from the participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal
financial assistance.”
O. **Telecommunications Device for the Deaf (TDD also known as TTY)** - An
electronic device for text communication over a telephone line, that is designed for
use by persons with hearing or speech difficulties. A tele-type writer.
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 5 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
P. **Undue Burden** - Significant difficulty or expense incurred by a covered entity,
when considered in light of certain factors. These factors include: the nature and
cost of the action; the overall financial resources of the site or sites involved; the
number of persons employed at the site; the effect on expenses and resources;
legitimate safety requirements necessary for safe operation, including crime
prevention measures; or any other impact of the action on the operation of the site;
the geographic separateness, and the administrative or fiscal relationship of the site
or sites in question to any parent corporation or entity; if applicable, the overall
financial resources of any parent corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its employees; the number, type,
and location of its facilities; and if applicable, the type of operation or operations
of any parent corporation or entity, including the composition, structure, and
functions of the workforce of the parent corporation or entity.
**IV.** **Statement of Policy and Applicable Procedures:**
A. ADA Coordination: GDC has a full-time Agency ADA Coordinator to oversee and
coordinate agency efforts to comply with ADA requirements. The Agency ADA
Coordinator is an appropriately trained and qualified individual, who is educated
in the problems and challenges faced by offenders with Physical and/or Mental
Impairments, programs designed to educate and assist disabled offenders, and all
legal requirements for the protection of offenders with disabilities. The Agency
ADA Coordinator works in direct collaboration with the State ADA Coordinator’s
Office and other experts who assist in interpreting the law and introducing viable
accessibility solutions. The Agency ADA Coordinator will work in concert with
Executive Operations, the Office of Health Services, Facility Operations,
Administrative Services, Inmate Services, Office of Information Technology,
Engineering and Construction, and other disciplines to achieve and maintain
compliance.
The Agency ADA Coordinator, or designee/Facility ADA Coordinator, will
conduct site visits and evaluations of all GDC facilities and offices on an annual
basis. The results of these visits and evaluations will be utilized to guide the
delivery of programs, services, and accommodative housing to qualified
individuals with disabilities, ensuring accessibility. The Agency ADA Coordinator
will be responsible for training the Facility ADA Coordinators on the law
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 6 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
concerning accessibility and the agency’s mode of compliance evaluation. The
Agency ADA Coordinator will work in concert with the Office of Professional
Development to ensure that all staff members receive training on the ADA
requirements of the agency, with initial and annual training sessions.
1. Specific Responsibilities and Authorities of the Agency ADA Coordinator:
a. Coordinate the agency’s efforts to comply with and carry out its
responsibilities under the ADA Title II provisions;
b. Compile and maintain such information concerning offenders with
disabilities in the custody of GDC, as is necessary to carry out the duties
and responsibilities of the position;
c. Ensure, in concert with Facility Operations, Offender Administration,
Inmate Services, and the Office of Health Services, that offenders with
disabilities are housed in facilities that accommodate their disabilities and
that all applicable GDC facilities and programs are ADA compliant;
d. Ensure that all staff who interact with offenders with disabilities are
provided with adequate and appropriate information and training on ADA
issues;
e. Ensure that procedures for the prompt and equitable resolution of requests
for Reasonable Accommodation and/or complaints by offenders with
disabilities are in place, publicized, and implemented;
f. Review all offender requests for Reasonable Accommodation and/or
complaints, and process said requests or ensure the facility designee
processes the complaint providing results to Agency’s ADA Coordinator;
g. Develop and maintain, with the State ADA Coordinator’s Office, an
inventory of written materials and other resources concerning ADA
compliance (including, without limitation, laws, regulations, reference
|GEORGIA DEPARTMENT OF CORRECTIONS
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|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 7 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
materials, educational materials, DOJ publications, and contact
information); and
h. Serve as a resource for offenders, agency employees, federal, state, and
city government representatives, and members of the general public who
have questions regarding GDC offenders with disabilities and agency
procedures concerning ADA compliance.
2. The Agency ADA Coordinator shall be consulted in the following
circumstances:
a. New construction and alterations to existing structures (prior to contract
signing);
b. Emergency/evacuation transportation of qualified individuals with
disabilities;
c. Need of appropriate mode of transportation for qualified individuals;
d. Grievance filings concerning ADA requests after the initial review,
investigation, and proposed resolution of the Grievance Coordinator;
e. All offender ADA accommodation requests (verbal, written, or offered on
Attachment 1 of this policy);
f. All recommendations for denial of accommodations;
g. Procurement, to include contracts and decisions, which will affect qualified
individuals with disabilities;
h. Inquiries from external customers concerning ADA requirements;
i. Requests for technical assistance regarding ADA requirements; and
j. All other concerns regarding compliance with ADA requirements.
|GEORGIA DEPARTMENT OF CORRECTIONS
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|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 8 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
B. Determination of Disability:
1. The determination of whether an offender has a disability shall be made by
facility medical or mental health staff, either at reception or at the facility
where an offender is assigned, through a thorough evaluation process.
a. The nature and extent of the disability will be assessed during the
evaluation process.
b. In determining if a person’s physical or mental impairment substantially
limits major life activity, the following factors shall be considered:
i. The nature and severity of the impairment;
ii. The length of time the impairment is expected to last; and,
iii. The expected, permanent, or long-term impact of the impairment.
2. In accordance with SOPs 220.05 Diagnostic Reception, Orientation, and
Processing and 507.04.23 Medical Classification and Profiling, an initial
medical screening shall be conducted during intake processing to determine
the needs for immediate intervention. During the intake process, self-report
discussions, chart reviews, and medical professional observations will be
utilized to identify offenders who may be qualified individuals under the ADA.
This determination shall be done in conjunction with the Agency’s ADA
Coordinator’s office. Physicians [Doctor of Medicine (MD) or Doctor of
Osteopathic Medicine(DO)], Nurse Practitioners (NP) and/or Physician's
Assistants (PA) will assign a medical grade for each offender, which will
indicate the overall medical condition and reflect the degree of medical illness.
These grades will indicate housing and physical accommodations and the need
for additional medical services. Offender medical profiles shall be documented
at Intake/Diagnostic processing utilizing the departmental database.
3. A Mental Health (MH) screening and evaluation will be conducted by
Qualified Mental Health Professionals to determine an offender’s mental
health history, status of an offender as a qualified individual, diagnosis(s) and
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 9 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
level of care needs as referenced in SOP 508.16 Mental Health Level of Care.
The determination of ADA qualification shall be done in conjunction with the
agency’s ADA Coordinator’s office.
4. Education services are rendered to qualified individuals with disabilities, who
request participation. In determining intellectual disabilities, the initial
assessment is done by the offender’s self-report at intake. Offenders who are
under the age of twenty-two (22), with a history of special education services,
may be administered tests to confirm areas of intellectual disabilities. These
tests will be administered by contracted school psychologists. Offenders who
request educational programming after intake and are qualified under the ADA
shall be provided Reasonable Accommodations. Please see Education Services
Standard Operating Procedures for further information.
5. Intake and Diagnostic Processing (Screening Process for ADA Purposes): At
an offender’s arrival, the intake and diagnostic staff (security, education,
medical, mental health, parole interviewers, classification, etc.) will ask
offenders with hearing/visual disabilities their preferred way of
communication during the first interaction in the intake/diagnostic process.
This determination shall prompt the intake/diagnostic staff to secure a
Qualified Interpreter or use Video Remote Interpreting for those with hearing
impairments, a reader or other assistive technology for those with visual
impairments, or other specified preferred ways of effective communication.
The identified preferred way of effective communication shall be utilized
throughout the intake and diagnostic processing, and this information shall be
documented in the department’s database. Staff members shall contact the
Agency ADA Coordinator to order live American Sign Language interpreting
services.
All documentation and videos utilized during the diagnostic process shall be
accessible for offenders (i.e. Braille, large print, recorded information, closedcaptioning, etc.)
Prior to transfer from diagnostic units, and from one facility to another, the
sending facility must contact the receiving facility to ensure that necessary
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 10 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
equipment or auxiliary aids are available (i.e. qualified interpreters, special
beds, shower chairs, accessible showers and toilets, Hoyer lifts, etc.) for
reception. This interaction shall be documented in the department’s database.
C. Housing of Offenders with Disabilities:
1. The agency will make Reasonable Accommodations to ensure sufficient
spaces are available to house each offender with a Disability in an area with
accessibility to appropriate and safe housing. The sufficient spaces shall be
available at all security and mental health levels. Single occupancy cells will
be made available for offenders with severe medical disabilities, serious mental
illness and other special needs, when necessary. Provisions for integration with
other offenders will be made, unless determined to be unreasonable or a direct
threat.
2. In accordance with SOP 222.01 Inter-Institutional Transfer (Physical
Limitation Transfers), at the completion of the diagnostic intake process or
during any other inter-institutional transfers, the Offender Administration Unit
will house offenders with disabilities in accessible facilities. (Note: The
Warden or designee at intake facilities, in consultation with the Medical Unit,
Engineering Unit, ranking security staff, and Facility ADA Coordinator, will
determine reasonable and accessible housing accommodations for offenders
with disabilities until transfer. Offender Administration, the Agency ADA
Coordinator, and Regional Directors shall be contacted when reasonable
housing accommodations are not available, so that proper, accessible housing
considerations are made.)
3. When considering housing assignments or transfers of chronically ill
(physically or mentally) or terminally ill offenders with disabilities, Qualified
Medical and/or Mental Health professionals shall be consulted.
**Note: In the case of an emergency transfer, medical and mental health**
**professionals shall be notified in a reasonable amount of time following an**
**incident by phone or in-person when onsite or by utilization of the Duty**
**Officer call lists when offsite.**
|GEORGIA DEPARTMENT OF CORRECTIONS
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|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 11 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
4. Offender Administration, under the direction of Facility Operations, will
ensure offenders who need a Reasonable Accommodation for accessible
housing are given priority for housing availability.
5. Offenders who need housing accommodations due to disabilities shall not be
routinely placed in designated medical areas unless they are receiving medical
care or until appropriate housing is identified. If an offender with a disability
is housed in a designated medical unit and is not under medical care, the
assignment must be justified, and the justification must be documented and
placed in the offender’s medical file. Such assignments shall be temporary and
not exceed 30 days, unless circumstances requiring such assignment persist.
The GDC Medical Director, the assigned Regional Director, and the Agency
ADA Coordinator shall be notified immediately of such assignments and the
date which the offender is returned to a facility housing unit with necessary
accessibility.
6. Housing provided for offenders with disabilities, including those temporarily
housed in the designated Medical Unit, shall allow access to programs,
services, and activities offered to all other offenders.
7. This SOP, in concert with other GDC rules and federal statutes, shall be used
as a reference to inform housing, physical and mental health needs, and
program accessibility needs in accordance with ADA requirements.
D. Reasonable Accommodations for Qualified Offenders with Disabilities:
1. The physical conditions of and services provided by facilities shall be
determined by the Warden and Facility Operations Leadership, and necessary
adjustments shall be made for Reasonable Accommodations or an offender will
be transferred to appropriate, accessible housing locations.
a. Facilities shall make Reasonable Accommodations for offenders with
physical and/or mental disabilities, consistent with and as required by the
ADA.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 12 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
b. Reasonable Accommodations shall include, but not be limited to, medical
care, mental health care, physical plant accommodations, and provision of
programs, services, and activities.
2. Appropriately trained individuals shall be assigned to assist offenders who
cannot otherwise perform activities of daily living. Assigned offender helpers
shall be limited to provide aid in such matters as ambulation and shall not
provide medical care or personal care such as bathing. If offenders will be
assigned to provide aid in matters of ambulation, they will be identified by the
facility’s Classification Committee as a helper, receive proper training from
medical staff, and will be evaluated semi-annually for appropriate assignment.
3. The facility shall provide education, equipment and facilities, and the support
necessary for offenders with disabilities to perform self-care and personal
hygiene in a reasonably private environment. Medical professionals,
specifically assigned ADA activity therapists, mental health staff, and
correctional staff shall collaboratively ensure adherence to this standard.
4. Durable medical equipment, supplies, Disability aids, and prostheses shall be
ordered, provided, maintained, and available for offender use as medically
necessary. Ordering, provision, and maintenance of these items shall be done
in a timely manner.
5. Physical therapy shall be available on or off-site, as appropriate, and shall be
carried out, subject to the offender’s consent, as prescribed by the facility or
community medical professionals.
6. The facility shall ensure that qualified offenders with disabilities shall not,
because of their housing assignment or because a facility is inaccessible to or
unusable by individuals with disabilities, be excluded from participation in, or
be denied the benefits of, the services, programs, or activities of the facility, or
be subjected to discrimination.
7. Facilities housing offenders with disabilities shall make Reasonable
Accommodations necessary to meet the educational, mental health, and
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 13 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
vocational needs of offenders who require special placement because of
physical, mental, emotional, or learning disabilities.
8. The agency’s offender work plan shall provide for work detail assignments for
qualified offenders with disabilities through Inmate Services Division and the
facility Classification Committees.
9. Staff and offenders have access to a designated Facility ADA Coordinator
and the Agency ADA Coordinator, who are appropriately trained and qualified
individuals, educated in the problems and challenges faced by offenders with
Physical and/or Mental Impairments, have programs designed to educate and
assist offenders with disabilities, and have met all legal requirements for the
protection of offenders with disabilities. The Agency ADA Coordinator can be
contacted at the following address and telephone number:
Georgia Department of Corrections
Americans with Disabilities Act (ADA) Coordinator
Office of Professional Standards
P. O. Box 1529
Forsyth, Georgia 31029
478-993-4737
**Note: This contact information shall be documented in the Offender**
**Handbook and posted throughout the facility on conspicuous posters.**
E. Effective Communication:
1. Effective communication is vital. Communication with those who have
disabilities must be as effective as with others. Reasonable accommodations
for effective communication will include, but are not limited to:
a. Offenders with hearing and/or speech disabilities, and offenders who wish
to communicate with parties who have such disabilities, shall be provided
access to a Telecommunications Device for the Deaf (TDD), or comparable
equipment, on the housing units.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 14 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
b. Public telephones with volume control shall also be made available to
offenders with hearing impairments.
c. Telephones with wheelchair accessible height will be made available on
housing units for offender use for accessibility, as deemed necessary,
Special equipment for telephone use by those who have hearing
disabilities, or who have challenges receiving auditory communication, or
who have challenges with auditory reception shall be provided.
d. Auxiliary aids (i. e., qualified interpreters on-site or through video remote
interpreting (VRI) services; note takers; real-time computer-aided
transcription services; written materials; exchange of written notes;
telephone handset amplifiers; assistive listening devices; assistive listening
systems; telephones compatible with hearing aids; closed caption decoders;
open and closed captioning, including real-time captioning; voice, text, and
video-based telecommunications products and systems, including text
telephones (TTYs), videophones, and captioned telephones, or equally
effective telecommunications devices) will be provided as a reasonable
accommodation to offenders who qualify under ADA. Issuance and repair
of aids shall be done in a timely manner.
F. Provision of Services: All qualified offenders with disabilities will have access
to services, programs, and activities. Appropriate and effective communication
will be available to ensure access to the services and programs through contracted
or employed language services or other accessibility solutions. All offenders shall
have equal access to the following services, programs, and activities, but are not
limited to those outlined below:
1. Academic and vocational education;
2. Work programs/work release programs;
3. Recreation;
4. Mail, telephone, visiting;
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 15 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
5. Library;
6. Religious programs;
7. Reception and orientation;
8. Transportation services;
9. Classification;
10. Food Service;
11. Sanitation and Hygiene;
12. Health Care;
13. Social Services;
14. Release;
15. Discipline, Grievance Procedures, and Due Process proceedings;
16. Safety and Emergency Procedures;
17. Access to media, courts, counsel, and law library;
18. Commissary;
19. Volunteer Programs; and
20. Mental Health Services.
G. Accommodations Request Procedure:
1. All agency and privately operated facilities shall furnish to any offender, upon
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 16 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
request, an Offender ADA Accommodation Request Form (Attachment 1). Copies
of this form shall be available from the Control Room/Housing Unit Officer.
2. Offenders, who have a documented disability and are requesting an accommodation
or modification shall submit a request in writing on Attachment 1 to the Facility
ADA Coordinator. Offenders shall specify the type of accommodation requested
and why it is necessary.
3. There will be no reprisal or harassment directed at an offender who submits an
accommodation request.
5. Offenders who cannot put their requests in writing shall make their verbal requests
to their assigned counselor, who shall document the request in writing on
Attachment 1 and have the offender sign or otherwise acknowledge it. If an
American Sign Language interpreter is needed for this process, the Facility ADA
Coordinator shall be contacted. If a spoken language interpreter is needed for this
process, the language line shall be utilized.
**Note: Another offender may assist a requester in submitting an**
**accommodation request by providing help in filling out the form. However,**
**one offender cannot file an accommodation request on behalf of another unless**
**the offender is physically unable to do so.**
6. Upon receipt of Attachment 1, the Facility ADA Coordinator shall review the
offender’s accommodation request. The following documentation guidelines shall
be adhered to in conducting the accommodation request process:
a. The Facility ADA Coordinator will administer the accommodation request
process. This includes maintaining a log book, which lists all accommodation
requests with the following information:
i. Name of offender;
ii. GDC ID number;
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 17 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
iii. Number of accommodation request;
iv. Description of request; and
v. Status of accommodation request. (Example of status: April 1, 2018 –
mailed to Commissioner’s Designee; or, resolved by Agency ADA
Coordinator on June 1, 2018).
b. Accommodation requests are confidential. Only those who need to know the
contents in order to process or answer an accommodation request should be
aware of its content.
7. The Facility ADA Coordinator shall, as necessary, request additional information
from the appropriate facility medical professionals to verify the offender’s
disability or other facility professionals to assist with the review of the request.
8. The Facility ADA Coordinator will forward Attachment 1, with supporting
documents and proposed accommodation, to the Agency ADA Coordinator within
(ten) 10 days of receipt. The proposed decision shall be made in conjunction with
the Facility Warden or Superintendent.
9. The Agency ADA Coordinator shall review the request received and notify the
Facility ADA Coordinator of his or her decision regarding reasonable
accommodation within ten (10) days of receipt. Following consultation with
the Agency ADA Coordinator, the Warden/Superintendent or designee shall
complete the Warden’s/Superintendent’s ADA Accommodation Request
Response (Attachment 2). This attachment shall reflect whether the
accommodation request is either approved, denied, modified/partially
approved, as well as the reason (s) for the decision. If an accommodation is
granted, an anticipated completion date shall be reflected on Attachment 2. The
completion date of the granted accommodation shall be reflected in the
department’s database.
10. The offender shall receive the final decision within twenty - five (25) days of the
request receipt at the facility level on Attachment 2.
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 18 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
11. The Warden/Superintendent will take steps to comply with the collaborative
decision reached with the Agency ADA Coordinator.
H. Denial of Requests for Accommodation: A request for a particular accommodation
shall be denied for any of the following reasons:
1. The person seeking an accommodation is not an individual with a qualifying
disability;
2. When it poses a risk to the safety or security of the facility, staff, or the public, or
when the request would adversely impact the deterrence of crime or maintenance
of offender discipline;
**Note: In determining if a requested accommodation poses a direct threat, the**
**Facility Administrator (Warden or Superintendent) and the appropriate**
**Division Director will consult with the Agency ADA Coordinator.**
3. When it is an undue burden on the agency;
**Note: A facility cannot deny a request for accommodation using the Undue**
**Burden defense without consulting the Agency ADA Coordinator for**
**guidance. The Agency ADA Coordinator shall consult with the appropriate**
**Division Directors before making a determination that a requested**
**accommodation would constitute an undue financial or administrative burden**
**on the agency or a fundamental alteration to the nature of a service, program,**
**or activity. The final decision that compliance with the requested**
**accommodation would result in an undue financial or administrative burden**
**shall be made by the Commissioner or designee after consideration of all**
**resources available for use in the funding and operation of the service,**
**program or activity. This decision will be accompanied by a written statement**
**of the reasons for reaching the conclusion.**
**A request for a particular accommodation shall be denied if equally effective**
**access to a program, service, or activity can be afforded through an alternate**
**method, which is less costly or intrusive. Alternative methods that are less**
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 19 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
**costly or intrusive to the existing operation or program shall be utilized to**
**provide reasonable access in lieu of modifications requested by the offender as**
**long as they are equally effective.**
4. When it causes a fundamental alteration of the nature of the service, program, or
activity; or
5. The accommodation is ineffective.
I. Accommodation Appeals: Offenders who have a complaint alleging a violation of the
Americans with Disabilities Act and wish to appeal the denial of a request for
accommodation shall submit an ADA Accomodation Appeal Form ADA
Accommodation Request Appeal Form (Attachment 3) within seven (7) calendar days
of receipt of the Warden’s/Superintendent’s response to the following address:
Commissioner’s Designee
Georgia Department of Corrections
P.O. Box 1529
Forsyth, Georgia 31029
The Commissioner’s Designee will have twenty (20) calendar days of receipt of an
appeal form to respond to an offender, utilizing the Commissioner’s Designee’s ADA
Accommodation Request Appeal Response (Attachment 4).
J. Use of Force. Please refer to SOP 209.04, Use of Force and Restraint for Offender
Control, for procedures concerning ADA compliance when restraining offenders
with Disabilities.
**V.** **Attachments:**
Attachment 1: Offender ADA Accommodation Request Form
Attachment 2: Warden’s/Superintendent’s ADA Accommodation Request Response
Attachment 3: ADA Accommodation Request Appeal Form
Attachment 4: Commissioner’s Designee ADA Accommodation Request Appeal
Response
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|**Policy Name:**Americans with Disabilities Act (ADA), Title II Provisions|
|**Policy Number:** 103.63|**Effective Date:** 4/20/2018|**Page Number:** 20 of 20|
|**Authority:**
Commissioner
|**Originating Division:**
Executive Division (Office of
Professional Standards)
|**Access Listing:**
Level II: Required Offender
Access
|
**VI.** **Record Retention of Forms Relevant to this Policy:**
Upon completion, the original attachments shall be placed in the offender’s institutional
file and retained according to the official retention schedule for that file. Copies of all
attachments shall be placed in the medical file and mental health file, as necessary, and
retained according to the official retention schedule for that file. Copies of all attachments
shall also be maintained in the Facility ADA Coordinator’s and Agency ADA
Coordinator’s offices for four (4) years following the final decision of the request. Copies
of Attachment 3 and 4 shall be maintained in the Commissioner’s Designee’s office for
four (4) years following the final decision of the request.