MISSOURI DEPARTMENT OF CORRECTIONS
DEPARTMENT
PROCEDURE MANUAL

Effective Date:

D5-5.2 Disabled Offenders

July 24, 20 II

George A. Lombardi, Department Director

I.

PURPOSE: This procedure has been developed to establish guidelines for the assessment and accommodation
of offenders that qualify under the Americans with Disabilities Act (ADA).
A. AUTHORITY:

Section 217.040 RSMo and Americans with Disabilities Act.

B. APPLICABILITY:

All divisions of the department.

II. DEFINITIONS:
A.

Americans with Disabilities Act Department Coordinator: A staff member appointed by the
department director to receive and act on all Americans with Disabilities Act complaints/grievancesand
proposed resolutions received from American With Disabilities Act site coordinators or those received at
the department level.

B. Americans with Disabilities Act Site Coordinator: A staffmember appointed at each worksite to
address and propose resolutions to Americans with Disabilities complaints/grievances at that location.
C. Auxiliary Aids and Services: Includes qualified interpreters or other effective methods ofmaking
aurally delivered materials available to individuals with hearing impairments: qualified readers, taped texts
or other effective methods of making visually delivered materials available to individuals with visual
impainnents; acquisition or modification of equipment or devices; and other similar services and actions.
D. Blind: Visual acuity of 20/200 or less in the better eye with corrective lens, or the widest diameter of
visual field is no greater than 20 degrees.

E. Bona-Fide Vendor: For the purpose of this procedure, a legitimate entity that is primarily engaged in the
sale or repair of durable medical equipment.
F.

Chief Administrative Officer: The chief administrative officer is the highest ranking individual at the
worksite, as designated below. Exception: Staff at the worksite who do not report to the worksite chief
administrative officer will be accountable to the deputy/assistant division directors/central office section
heads who are in their chain ofcommand.

1.

Director's Office
a.

2.

Deputy Department Director

Department Sections in the Director's Office:
a.

Deputy Department Director

MADDEN -343

DS-S.2 Disabled Offenders
Effective Date: July 24, 2011

b.
3.

Central Office Section Heads

Division ofProbation and Parole:
a.
b.
c.
d.
e.
f.
g.

4.

Page 2 000

Division director/designee
Chief State Supervisor
Assistant Division director/designee
Regional Administrator
Superintendents
Field Service Administrators
District Administmtors

Division of Adult Institutions

a, Division director/designee
b. Deputy Division director/designee
c. Assistant to Division director/designee
d. Wardens

5.

Division of Offender Rehabilitative Services
a.
b.
c.
d.

Division director/designee
Assistant Division director/designees
Wardens
Central Office Section Heads

6. Division of Human Services
a.. Division director/designee
b. Central Office Section Heads
c. Regional Training Administrators
G. Disability: A physical or mental impairment that substantially limits one or more major life activities, a
record of such an impairment or being regarded as having such an impairment.

H. Qualified Offender with a Disability: An offender 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, meets the essential eligibility requirements for the
receipt of services or the participation in programs or activities provided by a public entity.

L

Reasonable Accommodation: Modifications or adjustments that make existing facilities used by offenders
readily accessible to and usable by individuals with disabilities andlor the acquisition or modification of

equipment or devices to assist in services, progranuning and activities taking into account safety and
security concerns.
J.

Reasonable Modification: Any change in policy, practice or procedure that is necessary to avoid
discrimination on the basis of disability that does not fundamentally alter the nature of the service, program
or activity the qualified offender seeks to attend.

K. Temporary Disabilities: A temporary impairment that substantially limits a major life activity. Whether a
temporary impairment is significant enough to be a qualified disability shaH be resolved on a case-by-case
basis taking into consideration both the duration, or expected duration of the impairment and the extent to
which it actually limits life activity.

MADDEN-344

DS-S.2 Disabled Offenders
Effective Date: July 24, 2011

Page 3 oflO

III. PROCEDURES:
A

DEPARTMENT COORDINATOR:
I.

The director of the division of human services will serve as the Americans with Disabilities Act
department coordinator, responsible for providing assistance to the Americans with Disabilities Act site

coordinators.
a.

The Americans with Disabilities Act department coordinator will monitor compliance with the
requirements of the Americans with Disabilities Act as relevant to the offender population, staff
and the public.

b.

The Americans with Disabilities Act department coordinator will:
(I)

provide staff and offeuders guidauce relative to Americans with Disabilities Act issues aud

acconunodations;
(2)

oversee the auxiliary aids aud services for qualified offeuders with disabilities;

(3)

maintain all necessary information about access to and the operatiou of available services;
and

(4)

provide appropriate assistance regarding access to and proper use of the appropriate
auxiliary aids and services available and contracts.

B. SITE COORDINATORS:

I.

The chief administrative officer will designate Americans with Disabilities Act site coordinators for
each work location.
a.

The Americans with Disabilities Act site coordinator shall:
(I)

provide oversight for the acquisition, maintenance, repair, replacement and distribution of
auxiliary aids:

(2)

ensure and know where the appropriate auxiliary aids are stored, how to operate them and
where to obtain services;

(3)

(4)

maintain a record system for inquiries regarding provision of auxiliary aids and services
and responses; and
monitor compliance with the requirements of the Americans with Disabilities Act and this
procedure.
(A)

(B)

The Americans with Disabilities Act site coordinator will submit a written
memorandum to the chief administrative officer of any relevant Americans with
Disabilities Act issue within 2 working days ofbeiug notified by an offender or
staff member.

The Americans with Disabilities Act site coordinator will submit the Americans
with Disabilities Act Complaints/Grievances Report (Attachment A) to the chief
administrative officer and the Americans with Disabilities Act departmeut
coordinator by the 5'" -of each month for the preceding month.
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Page 4 of 10

DS-S.2 Disabled Offenders
Effective Date: Jnly 24, 2011

C.

REASONABLE MODIFICATIONS:

1.

Disabled offenders will be provided reasonable modifications that allow for the opportunity to
participate in services, programs and activities which may include:

a.

reasonable modifications to policies, practices, or procedures;

b.

enabling access to services, programs and activities;

c.

providing access to auxiliary aids and services, wheelchairs and other adaptive equipment;
(I)

Offenders who are authorized by medical services to have wheelchairs may order their
own personal wheelchairs to include motorized wheelchairs, with the approval of the
warden.

(A)

Medical staff will review the need for the offender to have the wheelchair and
approve a wheelchair other than state issued.

(B)

Medical staff will forward the request to the warden. The warden will review
issues relative to safety and security and make a final determination.

(C)

d.

Offenders will be responsible for the care, maintenance, repairs and cost of repairs
of the wheelchair. Repairs will be made by a bona-fide vendor.

free postage for outgoing mail for blind and other visually disabled offenders and offenders with
other handicaps that can prevent normal reading upon their request.
(I)

The Americans with Disabilities Act site coordinator should make arrangements for free
postage with mailroom staff and the local U.S. Post Office in accordance with institutional

services procedures regarding offender mail.
e.

services from Wolfner Library which allow blind and other visually disabled persons access to
books on tape sent through the mail, free of charge:
(I)

standard operating procedures will be established to develop a process for offenders to
obtain itemsfrom the Wolfner Library, designating the following:
(A)

which staff member can approve orders from the Wolfner Library;

(B)

how the items will be ordered;

(C)

how the items will be processed in and out of the institution;

(D)

the number of items that may be ordered at one time;

(E)

the number of items the offender may have in possession at one time;

(F)

a process for tracking the items as items obtained from the Wolfuer Library will
not be counted as personal property items and will not be included toward any
limits on orders from outside vendors.

D. IDENTIFICATION OF DISABLED OFFENDERS:
MADDEN-346

DS-S.2 Disabled Offenders
Effective Date: July 24, 2011

1.

Page 5 of 10

Reasonable efforts will be made to identify disabled offenders at the reception and diagnostic centers,
or as soon as possible after assigrunent to an institution.
a.

The identification process will be an interactive process which will include staff observations,
offender reports, andlor medical assessment of an offender's disability.
(1)

All newly received offenders will be screened at the reception and diagnostic centers by
reception and orientation staff during the diagnostic evaluatiou process.
(A)

(2)

2.

If an offender appears to have, or claims to have, a disability, he' will be provided
with the Notice ofRights for Offenders with Disahilities (Attachment B).

If further assessment is reconunended, reception and diagnostic staff will refer the
offender to medical staff.

Offenders who have assistive devices in their possession will be allowed to retain them until the

assessment is complete.
3.

Deaf and hard of hearing offenders shall be identified in accordance with D5-5.l Deaf and Hard of
Hearing Offenders.

4.

Blind offenders shall be provided staff assistance during the diagnostic process.

5.

Reception and orientation staff and medical staffwill explain the methods for reqnesting

accommodations or modifications to the offender.
a. Offenders who appear to have a disability, or who have been determined to have a disability will
be provided the Request for Reasonable Acconunodation form (Attachment C).
b.

6.

Classification or medical staff should offer assistance if the offender's disability would impair his
ability to complete the form.

Medical staff shall complete the medical verification section of the Request for Reasonable
Acconunodation form and consult with the classification staff, and as the need arises, the Americans
with Disabilities Act site coordinator to determine the appropriate acconunodations for the offender.
a.

The classification staff shall review the Request for Reasonable Acconunodation form with the
offender and obtain the offender's signature.

b. If the offender does not agree with the determination, he may submit an appeal to the warden by
completing the Appeal ofDeniaVModification ofRequest for Reasonable Acconunodation form
(Attachment D).
c.

The original copy of the Request for Reasonable Acconunodation and/or the Appeal of
DeniaVModification of Request for Reasonable Acconunodation should be placed in the medical
file with copies to:
(1)

mental health staff, if the offender is referred for mental health services;

I All references in this procedure to the male gender are used for convenience only and shall be construed to include
both female and male genders.

MADDEN-347

DS-S.2 Disabled Offenders
Effective Date: July 24, 2011

d.

7.

8.

Page 6 aflO

(2)

the functional unit manager/designee for placement in the classification file;

(3)

the education section for placement in the education file;

(4)

the Americans with Disabilities Act department coordinator; and

(5)

the offender.

The warden/designee shall consult with the Americans with Disabilities Act department
coordinator or general counsel if necessary.

During the completion of the diagnostic assessment process, the caseworker at the receiving institution
shall assess disabled offenders for the need of auxiliary aid services or assistive devices for the
fonowing:
a

vocational skills;

b.

major life activities;

c.

commun~cation

d.

academic level; and

e.

medical, mental health and substance abuse assessment

skills;

Ifrequested by the offender, a sign may be placed on the offender's cell door identifying the offender's
disability.

E. PROVISION OF APPROPRIATE AUXILIARY AIDS AND SERVICES:
I. Offenders shall be provided appropriate auxiliary aids or services that are necessary to facilitate effective
participation in programs, activities and services, as soou as possible, after detennining that the aid or
service is necessary.

F.

REASONABLE ACCOMMODATIONS:
I. Disabled offenders, to the extent they are able, are responsible for making their needs known to medical
staff or classificatiou staff.

2. The ability to reqnest reasonable accommodations will be an ongoing process throughout an offender's
incarceration.
3. The initial determination made during the diagnostic and classification process shall follow the offender

through any transfers unless a medical determination is made at the later date that modifies or removes
the determination.
4. Appropriate reasonable accommodations may differ depending on the ability of the offender and the
nature of the service, program or activity.
5. The functional unit manager will ensure offenders who are affected by this procedure receive

accommodations as needed and consult the Americans with Disabilities Act site coordinator when
assistance is needed.

MADDEN-348

DS-S.2 Disabled Offenders
Effective Date: Jnly 24, 2011

Page 7 of 10

6. Infonnation provided by the offender, medical staff and/or other persons qualified to evaluate disability
and accommodation needs, will be used to detennine what accommodations are reasonable.
7. Safety and security concerns will take precedence over any accommodation afforded disabled offenders
and may result in the temporary or pennanen! suspension of any accommodation.
8. If the action needed to provide effective access would create an undue burden by causing fundamental

alteration of a service, program or activity, or undue financial and administrative burdens on the
department, the action may not be required.
a. Denials of accommodations based on undue burden will be referred through the chief administrative
officer to the Americans with Disabilities Act department coordinator.
b. If the action would create an undue burden, the department will investigate other means to provide

effective access.
9. Chief administrative officers will develop a process to ensure staff receives updated infonnation
regarding the specific needs of disabled offenders.
10. Requests for accommodations due to temporary disabilities will receive case-by-case evaluation and
review by medical staff and the Americans with Disabilities Act site coordinator as the need arises.
G. FACILITY/PROGRAM PLACEMENT:
I. Disabled offenders will be assigned to facilities consistent with their health, safety, and security

requirements.
a. Accessible housing is available for disabled offenders and allows for inleraction with other offenders.
b. Programs and services will be available and accessible to disabled offenders residing in the facility.
2. The following may require a consultation between the classification staff and the medical staff. If

immediate action is necessary, the consultation must occur as soon as possible, but no later than 72
hours from the time the staff member becomes aware of the issue.
a. housing and bed assigmnents;
b. programming assigmnents;

c. disciplinary measures;
d. transfers to a facility for chronically ill, physically disabled, geriatric, seriously mentally ill or
developmentally disabled offenders;

e. offender work assignments;
(1)

Disabled offenders should be allowed the opportunity to participate in work programs,
including work release as long as they otherwise quality for a position and are able to perfonn
the essential functions of the job with or without reasonable accommodations.

3. Offender assistants will be assigned to provide assistance to disabled offenders unable to perform basic
life functions if so requested by the disabled offender.
a. This will be considered an offender work assigmnent.

MADDEN -349

D5-5.2 Disabled Offenders
Effective Date: July 24, 2011

Page 8 of 10

4. Disabled offenders will receive education, equipment and support necessary to perform self-care and
personal hygiene in a reasonably private envirorunent by appropriate staff such as medical, physical
therapists, audiologists, etc.
H. COMMUNICATION:

1. Staffwill communicate information, announcements, procedures, and other directions to visually
impaired offenders.

r.

USE OF MECHANICAL RESTRAINTS:
I. Restraint of disabled offenders will be modified to accommodate an offeuder's disability while
maintaining custody and control of the offender.

2. When possible, the use of mechauical restraints will not impede the offender's ability to communicate.
J. SEARCHES:
I. Disabled offenders will be searched consistent with established institutional security practices, but with
consideration for the specific disability.
2. The chief of custody and security or, in his absence, the shift supervisor shall provide directions for

searchiug an offender whose disability prevents a routine search.
a. Standard operating procedures will be developed to address issues such as search methods and the
use of mechanical restraints with disabled offenders.
K. PROPERTY:

I. Health care appliances and/or assistive devices will be evaluated by health care staff, the chief of custody
and security aud Americans with Disabilities Act site coordinators.
2. Medical staff will prescribe specific items and determine whether the need is permanent or temporary.
a. The health care provider will advise the offender's classification staff when the assistive device is no
longer needed.

3. Wardens may permit offenders with assistive devices provided by the departmeut, to retain these items
following release.
a. The warden will consider the degree of need for the assistive device outside the correctional facility
and the ability of the offender to provide his own device following release.
b. The warden should consult with the Americans with Disabilities site and department coordinators, if
necessary.
L. REMOVAL OF ASSISTIVE DEVICES:

1. Assistive devices may be removed from an offender's possession under special circumstances, including
but not limited to:
a. disciplinary and administrative actions in which property removal is part of the authorized actions,
such as disciplinary segregation and administrative segregation.
MADDEN -350

Page 9 of 10

D5-5.2 Disabled Offenders
Effective Date: July 24, 2011

b. where they may pose a safety or security hazard to the offender or to others.
An example of this would possibly be when an offenderis placed on suicide watch or if the
offender has used the device to harm himself or others.

(I)

2. Authorized assistive devices which are essential to daily life functions and which do uot constitute a
safety or security hazard should not be removed.
a. Wheu assistive devices are removed from offenders, the health care authority/designee and warden
must be notified as soon as possible and no later than 24 hours.
(I)

The person authorizing the removal will submit a written report to the warden prior to the
end of that shift documenting the reason for the removal.

b. Upon notification, an evaluation and assessment will begin of the offender's ability to function and
the need for accommodation.
c. Decisions regarding the continued denial of the assistive device must be made by the warden within
3 working days.
(I)

The warden will notify the appropriate deputy/assistant division director in these instances.

M. EMERGENCY PROCEDURES:
I. All facilities will develop emergency procedures for the safe evacuation of all disabled offenders.
2. Offenders with disabilities will be instructed on emergency procedures specific to their needs in
accordance with staudard operating procedures.
3. Staff will be trained regarding the evacuation of disabled individuals by the supervisor of the assigned
area, facility training staff or appropriate desiguee.
IV. ATTACHMENTS
A. 931-3919
B.
C. 931-4462
D. 931-4461

Americans with Disabilities Act Complaints/Grievances Report
Notice of Rights for Offeuders with Disabilities
Request for Reasonable Accommodation form
Appeal of DeniallModification of Request for Reasonable Accommodation form

V. REFERENCES:
A. D5-5.1
B. IS13-J.l

Deaf and Hard ofHearing Offenders
Offender Mail

VI. HISTORY:
A. Original Effective Date:
B. Revised Effective Date:
C. Revised Effective Date:

July 26, 2008
May 15, 2010
July 24, 2011

MADDEN-351

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MADDEN-352

NOTICE OF RIGHTS FOR OFFENDERS wrm DISABILmES
THE RIGHT TO REASONABLE ACCOMODATIONS

Disabled offenders have the right to receive "reasonable accommodations" to make programs and
services more accessible.
To ensure effective offender access to programs" activities, and services, the Department of
Conedions shall:
•

•
•

Make reasonable modifications in policies, praclices, and/or procedures
Remove barriers to access when appropriate; and/or
Provide certain auxiliary aids and services

If the action needed b> provide effective ao:ess creates an undue burden or poses a legitimate safety
or security coilcem, the action shaD. not be required.

Deaf and hearing-impaired offendersmay get anintetpreter and other services .tfacilities where
needed in:
-Diagnostic and dassliication activities
-Instilutional Assessment and Oassjficalion Hearings
-Regularlyschedule<1llea1tb"care .ppointmenis and programs
-MiosouriSex Offender Program
-5ubetance abuse treatment and other formal programming
-Educational and vocational classes and activities
-DisciplinaIy hearings
-Formal investigations
-Hearings belore the parole board andanyparole"""""'" and interview process
in preperaIionfor hearings

HOW TO ASK FOR A REASONABLE ACCOMMODATION
Disabled offenders mustask the caseworker or medical otaf£ for the Request for Reasonable
Accommodationfann to submit per procedure.

HOW TO MAKE COMPLAINTS

Offenders who are denied a reasonable accommodation or believe they were discriminated against by
department staffbecause of their elisablllties may file. grievance through the grievance process.

D1S11UIlUTION: This notioe shal1be posted in prominent places at each Department facility.

MADDEN -353

...

•

STATE OF MISSOURI
DEPARTMENT OF CORRECTIONS

.

DATE

REQUEST FOR REASONABLE ACCOMMODATIONS

DOC 1m.

OFFENDER NAME

o I DO NOT REQUEST REASONABLE ACCOMMODATIONS

o I REQUEST REASONABLE ACCOMMODATIONS AS INDICATED BELOW FOR THE FOLLOWING PROGRAM OR SERVICE:
CHECK TO INDICATE REQUEST

VISUAL IMPAIRMENT

HEARING IMPAIRMENT
REQUESTED

~

o Qualified Sign Lang. Interpreter

0

9 o T.T.Y.IT.D.O.

0

~

0

cc

o Telephone Amplifier
o Closed Caplion TVNCR
o Hearing Aids/Batteries
o Olher

0
0
0

PHYSICAL IMPAIRMENT
A~PROVED

APPROVEO REOUESTED

o large Print
o Orientation & Mobility Instruct.
o Mobility Assistants
o Guidance Cane
o Support Cane
o Braille Prinl
o Braille Equipment
o Magnifiers
o Other

OFFENDER SIG.NATt)AE

REQUESTED

APPROVED

0 o Wheelchair
0 D Crutches
0 o Cane

0

0
0
0

0
0

0
0
0

o Walker
o Lower Bunk
o First Floor Assignment
o Dorm Proximity to Meals

0
0
0
0
0

Delher

IJ«EAPAETEA PRESENT

I

PAINTED CLASSIFICATION STAFF NAMEITITLE

DYES ONO

CLASSIFICATION STAFF SIGNATURE

MEDICAL DETERMINATIONNERIFICATION (Use Established DefinitIons

o Severe Visual Impairment
o Functional Hearing Impairment

o No Medical Verification
D Deaf {Severe Hearing Impairment) o Physical Impairment

EXPLAIN

DSfind

MEDiCAL REASONABLE ACCOMMODATiON DETERMINATION RECOMMENDATION
The reasonable accommodations requested above have been:

o Approved as requested
o Modified
o Denied

O"E

Accommodations which have been approved are marked above lID

Explanation:

I

MEOICAL ~AFF SIGNATURE

PRINTED MEOlCALSTAFI' NAMEITlTLE

0"'

Return and consult with the staff member whose name appears next to the offender's signature above.
This section is to be comoleled bv the offender.

o I agree with this determination.

o I wanllhe Superinlendenlto review any request lhal has been modified or denied.
o I wanl 10 meet wJth the Superintendsnl or her/his designee during this review.
o I wanlto have an interpreter wllh me or olher assislive device during Ihis meeting.
OATE

OFFENDER SIGNATURE
.

I

PRINTED STAFF NAMElTfTlE

,.

093 4462 (9·05

"

J STAFF SIGNATURE

DATE

OISTRIBlfTION, WHITE· IAEOlCALFltE CANARY· CLASSIFlCAnON FILE PINK· EDUCATION FILE
GOLDENROD· ADA COORDINATOR/CO BLUE. OFFENDER

MADDEN-354

~PPEAl"OF DENIAUMODIFICATION OF REQUEST

•

OAlE

FOR REASONABLE ACCOMMODATIONS

This section Is 10 be completed by lhe offender.

,=~

OFFENOER NAME

OOCNO.

FACILITY

DATE OF REOUEST

My request for a reasonable accommodaUon (describe why lhe accommodation Is necessary)
.,..."..,.,.. ._..
- .",.-.-. _..- .-. - .
..
-,"'~
. - -" ._=-.

-~

..

_._-

~.".-

i

I
has been

D denied

o modified (explain)

1

I
I

I

OFFENDER SIGNATUAE

OA<E

PRWTEO GLASSIF1CAll0N ST/lFF NAMEITlTtE

DATE

'CLASSIFICATION STAFf SIBNATURE

I

SUPERINTENDENT'S REVIEW/RESPONSE Suoerfnlendent's deslanee maY conduct this revlew\
DATE RECEIVED

DATE OF MEETING WITH OffENDER (IF NECESSARY)

Your r~quest lor reasonable accommodation has been

o approved as requested
o modified
o denied
Explanation:

IF APPLICAaLE WAS SIGN LANGUAGE INTERPRETER USED AT THIS MEETING?

DYES DNO
IF NOT. EXPLAIN WHY NOT

CATE

SUPERINTENDENTIDESIGNEE SIGNATURE

This seclion is to be completed bv the offender.

Dr have been advised of my right to grieve this decision via lhe offender grIevance procedure.
DATE

JFFENDER SIGNATURE

I

'RINTED STAFF NAMEITITLE

1

1! J 931 4481 [7.{l4)

I

DATE

STAFF SIGNATURE

,

•

DiSTRIBUTION. WHITE MEDICAL ALE CANARV CLASSIFICATION FILE INK EOUC TION FILE
GOLDENROD· ADA COOAOINATORlCO BLUE. OFFENOER

MADDEN-355