Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation The inmate population is always in flux and accessible cells is sufficient to meet the there are not always beds or program avail- needs of county jails. Similarly, a large ability for every inmate at his security level. county sheriff’s department advised that the This commenter stated that the Department’s 2 percent requirement far exceeds the need proposed language would put the State in the at its detention facility, where the average position of choosing between adding acces- age of the population is 32. This commenter sible cells and modifying paths of travel to stressed that the regulations need to address programs and services at great expense or the differences between a local detention not altering old facilities, causing them to facility with low average lengths of stay as become in states of disrepair and obsoles- opposed to a State prison housing inmates cent, which would be fiscally irresponsible. for lengthy periods. This commenter asserted that more stringent requirements will raise The Department is persuaded by these construction costs by requiring modifications comments and has modified the altera- that are not needed. If more stringent tions requirement in Sec. 35.151(k)(2)(iv) requirements are adopted, the commenter in the final rule to allow that if it is techni- suggested that they apply only to State cally infeasible to provide substitute cells and Federal prisons that house prisoners in the same facility, cells can be provided sentenced to long terms. The Department elsewhere within the corrections system. notes that a prisoner with a mobility disability needs a cell with mobility features regardless Number of accessible cells. Section 232.2.1 of the length of incarceration. However, the of the 2004 ADAAG requires at least 2 length of incarceration is most relevant in percent, but no fewer than one, of the cells in addressing the needs of an aging population. newly constructed detention and correctional facilities to have accessibility features for The overwhelming majority of commenters individuals with mobility disabilities. Section responded that the 2 percent ADAAG require- 232.3 provides that, where special holding ment is inadequate to meet the needs of the cells or special housing cells are provided, incarcerated. Many commenters suggested at least one cell serving each purpose shall that the requirement be expanded to apply have mobility features. The Department to each area, type, use, and class of cells in sought input on whether these 2004 ADAAG a facility. They asserted that if a facility has requirements are sufficient to meet the separate areas for specific programs, such needs of inmates with mobility disabilities. as a dog training program or a substance A major association representing county abuse unit, each of these areas should jails throughout the country stated that the also have 2 percent accessible cells but not 2004 ADAAG 2 percent requirement for less than one. These same commenters Department of Justice Guidance on 2010 Standards: Title II - 35