Ms.

Janet Perriman Chief of Detention Tulare County Sheriff's Department County Civic Center Visalia, California 93291 RE: Complaint Numbers Dear Chief Perriman: This letter is to notify you that, based on the assurances that the Tulare County Sheriff's Department has provided, we have determined that the complaint filed against the Tulare County Jail under Title II of the Americans with Disabilities Act of 1990 (ADA) will be resolved. Specifically, the complainant, Mr. who is deaf and uses a Telecommunications Device for the Deaf (TDD) to make telephone calls, alleged that his request to use a TDD was denied on several occasions (including during his booking) while he was incarcerated in the Tulare County Jail from He asserts that he had to prevail (in writing) on other inmates to make calls for him. In telephone conversations with Mr. Jerry Kersten of the Tulare County Thrift Management Office on October 27, 1995, and Lieutenant James Hinesly on June 14, 1996, we were informed that the County has since provided one TDD in each of its three jails. A copy of one of the serial tags from one of the three TDD's was also faxed to us on February 21, 1996. We also requested that the County adopt a policy stating that the Sheriff's Department will make its TDD's available to inmates and visitors with hearing impairments at all times that others without hearing impairments have access to telephone communication. In addition, we requested that the Sheriff's Department notify individuals with hearing impairments indicating the availability, location, and procedure (if applicable) for requesting the use of TDD'S.

cc: Records, Chrono, Wolfson, Wodatch, Magagna:dhj

T. 7/16/96 udd\Wolfson/Tulare.clo

01-00431 -2From the conversation with Lieutenant Hinesly on June 14, 1996, it is our understanding that the Sheriff's Department is adopting this policy and that it will appear in the Department's personnel manual by September 1996. It is also our understanding that by September, the Sheriff's Department will be placing a statement regarding the availability of TDD's in the materials that all jail inmates receive. We would like to request that this information regarding the availability of TDD's is also posted next to public telephones that visitors have access to when visiting the jails. Because of the Sheriff Department's foregoing efforts, we are closing our investigation of this complaint. Our decision to close this investigation is based upon the oral assurances and information you have provided. This letter resolves only those matters set forth in the complaint that we received. It does not prohibit the Department from initiating future investigations in response to complaints about the accessibility of services, programs, or activities undertaken by the Sheriff's Department, and it does not limit the right of any individual to pursue through private litigation either the matters raised in our investigation or any other alleged violation of Title II of the ADA. We appreciate the cooperation that Tulare County has demonstrated during the resolution of this complaint. If you or your staff have any questions, please feel free to contact me at (202) 307-1378 (Voice) or (202) 307-2678 (TDD). In any correspondence regarding this matter, please reference the Department of Justice complaint number cited above. Sincerely,

Robb Wolfson Investigator Disability Rights Section Civil Rights Division cc: Lois E. Strain, Staff Attorney Tulare/Kings County Legal Services

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