Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation required accessible features in cells within needs, cost considerations, and the needs of the same facility, other than those specific inmates with disabilities. One commenter not- cells in which alterations are planned; or (3) ed, however, that with older facilities, required permit substitute cells to be made accessible modifications may be inordinately costly and within a prison system, which would focus on technically infeasible. A large county jail sys- ensuring that prisoners with disabilities are tem supported the proposed approach as housed in facilities that best meet their needs, the most viable option allowing modification as alterations within a prison environment or alteration of existing cells based on need often result in piecemeal accessibility. and providing a flexible approach to provide program and mobility accessibility. It noted, In Sec. 35.152(c) of the NPRM, the as an alternative, that permitting substitute Department proposed language based cells to be made accessible within a prison on Option 2, providing that when cells are system would also be a viable option since altered, a covered entity may satisfy its obli- such an approach could create a centralized gation to provide the required number of location for accessibility needs and, because cells with mobility features by providing the that jail system’s facilities were in close prox- required mobility features in substitute cells imity, it would have little impact on families (i.e., cells other than those where altera- for visitation or on accessible programming. tions are originally planned), provided that each substitute cell is located within the A large State department of corrections same facility, is integrated with other cells objected to the Department’s proposal. The to the maximum extent feasible, and has, commenter stated that some very old prison at a minimum, physical access equal to buildings have thick walls of concrete and that of the original cells to areas used by reinforced steel that are difficult, if not impos- inmates or detainees for visitation, dining, sible to retrofit, and to do so would be very recreation, educational programs, medical expensive. This State system approaches services, work programs, religious services, accessibility by looking at its system as a and participation in other programs that whole and providing access to programs for the facility offers to inmates or detainees. inmates with disabilities at selected prisons. This commenter explained that not all of The Department received few comments its facilities offer the same programs or the on this proposal. The majority who chose same levels of medical or mental health ser- to comment supported an approach that vices. An inmate, for example, who needs allowed substitute cells to be made acces- education, substance abuse treatment, and sible within the same facility. In their view, sex offender counseling may be transferred such an approach balanced administrators’ between facilities in order to meet his needs. 34 - Guidance on 2010 Standards: Title II Department of Justice