Case: DOJ Investigation of Arizona Department of Corrections, Rehabilitation, and Reentry

This investigation concerns allegations of discrimination against incarcerated persons with vision disabilities by the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR). On July 19, 2023, the Disability Rights Section of the Civil Rights Division of the United States Department of Justice (DOJ) issued the findings of its investigation under Title II of the Americans with Disabilities Act (ADA) in a letter to the General Counsel of the ADCRR. The DOJ’s inquiry was sparked by complaints from incarcerated individuals alleging that ADCRR discriminated against them. The DOJ concluded that ADCRR failed to provide equal opportunities and effective communication for individuals with vision disabilities. Specifically, ADCRR failed to provide necessary auxiliary aids and services, did not reasonably modify its policies to avoid discrimination, and denied these individuals equal opportunity to participate in ADCRR’s programs and activities.

The DOJ’s investigation into ADCRR’s compliance with the ADA involved interviews with incarcerated people across several ADCRR facilities, alongside a comprehensive review of documents. A focal point of the DOJ’s findings was ADCRR’s inadequate support, starting from intake through ongoing incarceration. ADCRR lacked written policies for identifying and addressing the needs of visually disabled individuals, resulting in significant delays in providing basic aids like white canes. Additionally, critical information provided during intake, including the inmate handbook, was inaccessible, which violated ADCRR’s own policies for ensuring all individuals understand prison rules and procedures.

The investigation highlighted that ADCRR’s systemic failures extended beyond intake, affecting access to education, employment, and other programmatic activities. Despite ADCRR’s official policies promising accessibility, individuals with vision disabilities faced barriers in accessing educational materials and job opportunities due to the lack of necessary modifications or auxiliary aids. Requests for accessible materials and technology were often denied or ignored, further marginalizing this population within the prison environment.

Moreover, ADCRR’s processes for making requests or complaints were found to be inaccessible, forcing persons with vision disabilities to rely on others for assistance, compromising their privacy and independence. The report underscored the ineffectiveness of ADCRR’s inmate aide program, where aides lacked proper training and supervision, leading to instances of privacy breaches and unreliable assistance. This reliance on untrained inmate aides or other incarcerated individuals failed to provide effective communication or equal access as required by the ADA.

To rectify these violations, the DOJ outlined remediation steps in its findings letter, including adopting and revising policies for ADA compliance, training ADCRR employees on ADA requirements, and ensuring proper coordination and response to disability-related requests. The DOJ expressed a willingness to work cooperatively with ADCRR to resolve these issues but reserved the right to initiate legal action if necessary. 

On November 16, 2023, the DOJ and ADCRR reached a settlement agreement that detailed actions required by ADCRR to comply with the ADA. Key provisions included the development of accessible communication formats, the appointment of an ADA Administrator and Facility ADA Coordinators, and the engagement of a consultant with expertise in vision disabilities.

To address the needs of this population, ADCRR was to implement a Communication and Accommodation Plan (CAP) for each affected individual. This plan detailed the auxiliary aids, services, and reasonable modifications necessary to ensure effective communication and equal access to programs, services, and facilities. 

Furthermore, the procedures for intake and orientation were to be revised to ensure accessibility. This included providing critical materials in accessible formats and ensuring that the intake process accommodated the communication needs of these individuals. The DOJ also required that ADCRR facilitate incarcerated person and staff assistance, ensuring that tasks that could not be accomplished independently by individuals with disabilities could be aided through reasonable modifications, assistive technology, or auxiliary aids and services. 

Moreover, the agreement required that ADCRR revise its policies and procedures to comply with the settlement and provide training to its personnel, incarcerated people, and qualified inmate aides (QIAs) on the requirements of the ADA and the agreement specifics. Lastly, ADCRR agreed to submit regular reports to the DOJ for three years detailing its compliance with the settlement agreement, including documentation of actions taken to accommodate inmates. The monitoring remains ongoing as of April 2024.