ADA Accommodations in County Jails 

December 15, 2024 – San Diego County Sheriff's Office officials report that on Wednesday, the Sheriff's Office reached a settlement agreement regarding the remaining Americans with Disabilities Act (ADA) claims in the Dunsmore v. County of San Diego class action lawsuit.

In June 2023, the Sheriff's Office and plaintiffs reached a partial ADA settlement agreement that focused on incarcerated persons with mobility disabilities at San Diego Central Jail, as well as incarcerated persons with hearing disabilities who use sign language at all county jails. This settlement agreement resolves the remainder of the ADA claims. 

Over the past two years, the Sheriff's Office has taken significant steps to increase access for persons with disabilities in county jails. 

This includes the creation of a dedicated Sheriff's ADA Unit, updating policies, procedures and training, construction renovations and acquiring assistive technologies such as video phones with video relay services or closed captioning.

The Sheriff's Office also created a process for identifying and providing necessary accommodations to incarcerated persons with disabilities, including housing accommodations and effective communication. 

Wednesday 's agreement focuses on modifications that will increase access for incarcerated persons with disabilities. 

In addition to specific construction modifications at the Las Colinas Detention and Reentry Facility, George Bailey Detention Facility, Vista Detention Facility, Rock Mountain Detention Facility and South Bay Detention Facility, some of the other changes that will be or have already been made include:

• Informing incarcerated persons with disabilities of their ADA rights and providing effective communication during the booking and orientation process.
• Revising policies and training as necessary to ensure compliance with the ADA and the terms of the settlement agreement.
• Providing initial and annual ADA training to county jail staff and contractors.
• Identifying and tracking incarcerated persons with disabilities who report and/or have been identified as requiring disability accommodations while in custody.
• Ensuring that incarcerated persons with disabilities are properly placed in housing that is safe and appropriate for their disability.
• Providing reasonable accommodations to ensure that qualified incarcerated persons with disabilities are able to participate in all programs, services and activities while in custody.
• Practicing effective communication with incarcerated persons with disabilities.
• Making sure that incarcerated persons with disabilities who require assistive devices, health care appliances, or durable medical equipment have access to these accommodations, subject to removal for individualized safety or security reasons.
• Developing policies, procedures and training to ensure that incarcerated persons with disabilities are accommodated during evacuations and other emergencies in the jails.
• Ensuring that incarcerated persons with intellectual, learning, and developmental disabilities are identified and provided appropriate accommodations, including adequate support.
• Making sure that incarcerated persons with disabilities receive reasonable accommodations during searches, counts, application of restraint equipment and transport.
• Providing reasonable accommodations to persons with mental health disabilities, including during the discipline process.
• Developing a quality assurance and auditing program to ensure ADA compliance.

Sheriff Kelly A. Martinez is grateful for the work that went into this mutually agreed upon settlement. While this settlement agreement is not a consent decree, the Sheriff's Office is committed to compliance with all the terms.

As part of the settlement agreement, the County of San Diego will hire neutral experts to ensure compliance with the agreement. 

Wednesday's agreement is pending court approval. A copy of the court approved agreement will be posted on the Sheriff's Office website when it is signed.

The Sheriff's Office operates a system of seven detention facilities throughout San Diego County with a combined average daily population of approximately 4,000 incarcerated persons.

Virtually every aspect of jail operations is subject to careful oversight. The California Board of State and Community Corrections (BSCC) sets the standards for the operation of local detention facilities. Regular BSCC inspections are conducted to ensure compliance with those standards.

Additional oversight is provided by the San Diego County Grand Jury, state and local fire marshals, County Environmental Health, medical authorities, the San Diego County Citizens' Law Enforcement Review Board (CLERB), as well as the Sheriff’s own administrative staff, including the Division of Inspectional Services (DIS).

Together, these stakeholders work together to ensure the community can enjoy a high degree of confidence that county detention facilities are being operated safely and responsibly.

The Sheriff's Office continues making much needed improvements to county jails that will incorporate renovations to aging facilities and anticipated changes that will improve healthcare and reduce recidivism.

To read more about the many improvements that have been made in our county jails, click here.

Source: San Diego County Sheriff's Office