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Applicable To: All employees |
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Approval Authority: Chief George N. Turner |
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Signature: Signed by GNT |
Date Signed: 6/22/11 |
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| Table of Content | |||
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4.1 Interpretation Services: Calls to 911 |
4.4 Conducting Interrogations and Interviews |
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This directive identifies resources and procedures for assisting people with Limited English Proficiency (LEP) in their interaction with The Atlanta Police Department, which recognizes the importance of communicating effectively with the people it serves.
The Atlanta Police Department shall provide translation and interpretation assistance to persons with LEP needing police services.
3.1 Division and Section Commanders shall ensure that each worksite has an up-to-date and full set of directives pertaining to language access services. (CALEA 5th ed. Standard 12.2.1c)
3.2 The Training Unit Commander is responsible for issuing, reviewing, and maintaining training material and shall coordinate training on new and revised directives, ordinances, and laws pertaining to language access services. (CALEA 5th ed. Standard 12.2.1c)
3.3 Officers shall inform the Department of their foreign language skills to assist in providing language access services when necessary.
4.1 Interpretation Services: Calls to 911
4.1.1 When an operator receives a telephone call from a member of the general public and determines that the individual is LEP, the operator shall inform the caller that they shall be placed “on hold” while they connect them with an on-duty bilingual 911 operator or dispatcher. If none are available, the operator will connect them with an interpreter via the Language Line (APD.SOP.6010 “Communications” Section 4.15.12). They shall follow the standard operating procedures for 9-1-1 calls (APD.SOP.6010 “Communications”, Section 4.4.4)
4.1.2 The operator shall advise the dispatcher that the caller is an LEP individual and indicate their primary language, if known, so the responding officer shall know prior to arriving at the scene. The dispatcher shall make every effort to dispatch a bilingual officer to the scene.
4.1.3 The department shall take reasonable steps to develop in-house language capacity in the Communications Section. The department shall determine its Communications Section’s staffing needs, and work with the Personnel Department to recruit and hire qualified staff with foreign language skills.
4.2 Officers Requesting Interpretation Services
4.2.1 Officers shall attempt to identify the LEP individual’s primary language with use of a Language Identification Guide and contact the Communications Section for access to the Language Line (APD.SOP.6010 “Communications” Section 4.15.12).
4.2.2 Officers should only use the general public for interpreting in an informal, non-confrontational context, and only to obtain basic information at the request of the LEP individual.
4.3 Bilingual Officer Interpreters
4.3.1 Interpretation services shall be available to all officers when interacting with LEP individuals. The Communications Section shall be the central instrument for connecting officers with an on - duty bilingual officer interpreter.
4.3.2 Under exigent circumstances, such as, but not limited to, obtaining descriptive information about a fleeing suspect or identifying an injured person, an officer may use the most reliable temporary interpreter available, such as:
1. A neutral bilingual adult bystander who offers to help,
2. An adult bilingual family member or friend of the LEP individual.
3. A bilingual minor of the LEP individual’s family or other bilingual juvenile.
4.4 Conducting Interrogations and Interviews
4.4.1 Criminal interrogations and interviews of witnesses may involve statements with evidentiary value that may be subject to impeachment in court. Accuracy in obtaining these statements is a priority. Failure to protect the rights of LEP individuals during arrests and interrogations presents risks to the integrity of the investigation. Officers must recognize that miscommunication during interrogations or interviews may have a substantial impact on evidence presented in any criminal proceedings. Officers who are proficient in the spoken language of the suspect or witness shall conduct the interview or interrogation.
4.4.2 Miranda warnings and all other vital documents shall be made available to LEP suspects and witnesses in their primary language, if resources permit. If LEP suspects and witnesses are illiterate or speak a language where forms or vital documents are not available, a bilingual officer interpreter shall be made available to read the forms in their primary language. In the event that a bilingual officer interpreter is not available, the Language Line shall be used (APD.SOP.6010 “Communications” Section 4.15.12).
4.5.1 LEP individuals who have grievances against an officer may file a complaint with the Office of Professional Standards (OPS). The OPS investigator assigned to the complaint shall use a bilingual officer interpreter, if available, when conducting any interviews. If a bilingual officer is not available, the Language Line shall be used to assist in the interview. OPS shall provide written notice of the disposition of the investigation to the complainant in their primary language, if resources permit.
4.6 Public Notification of Language Services
4.6.1 All Departmental worksites shall have signs posted at each public access point in the most commonly spoken languages in the City, stating that interpretation services are available.
4.6.2 The Atlanta Police Department shall provide to LEP individuals, who may be illiterate or speak a language in which vital documents are unavailable, a bilingual officer to read forms and other vital documents in their primary language, if resources permit. The bilingual officer interpreter shall assist these individuals in completing any forms or vital documents to comply with the law or safeguard their rights. In the event that a bilingual officer interpreter is not available, the Language Line will be used (APD.SOP.6010 “Communications” Section 4.15.12).
4.7.1 The Hispanic Liaison Unit shall be responsible for coordinating and implementing all Departmental services to the LEP community.
4.7.2 The Hispanic Liaison Unit shall consult with community-based organizations to determine if additional language services should be provided.
4.7.3 Section Commanders or his or her designee shall be responsible for consulting with community-based organizations to ensure that the department is providing meaningful access of services to LEP individuals in their area of command. They shall work closely with the Hispanic Liaison Unit in conducting this assessment.
4.7.4 If an incident occurs where language assistance services are provided, the officer shall document the use of these services in their incident report.
5.1 Bilingual: The ability to read, write, and speak two languages proficiently.
5.2 Interpretation: The listening to a communication in one language and converting it orally or written to another language while retaining the same meaning.
5.3 Limited English Proficiency (LEP): designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or comprehend English. These individuals may be competent in certain types of communication, such as speaking, or comprehending, but deficient in other communication skills, such as reading or writing. Similarly, LEP designations are context-specific: an individual may possess sufficient English language skills to function in one setting, but these skills may be insufficient in other situations.
5.4 Primary Language: An individual’s native tongue or the language in which they most effectively communicate.
5.5 Translation: The conversion of written text in one language into written text in another language while retaining the same meaning.
APD.SOP.6143 Foreign Language Resources, issued June 1, 2008
APD.SOP.6010 Communications
Atlanta City Code Section 98-26 “Duties of Police Chief”
CALEA, 5th edition Standards, 12.2.1, 12.2.2
42 USC § 2000d
42 USC § 3789d(c) (1) |
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