Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation suggested that 5-7 percent of cells should the needs of inmates with mobility disabili- be accessible to meet the needs of both ties, the Bureau of Prisons has elected to an aging population and the larger number increase that percentage and require that of inmates with mobility disabilities. One 3 percent of inmate housing at its facilities organization recommended that the require- be accessible. Bureau of Prisons, Design ment be increased to 5 percent overall, and Construction Branch, Design Guidelines, that at least 2 percent of each type and use Attachment A: Accessibility Guidelines for of cell be accessible. Another commenter Design, Construction, and Alteration of recommended that 10 percent of cells be Federal Bureau of Prisons (Oct. 31, 2006). accessible. An organization with extensive corrections experience noted that the integra- The Department believes that a 3 per- tion mandate requires a sufficient number cent accessible requirement is reason- and distribution of accessible cells so as to able. Moreover, it does not believe it should provide distribution of locations relevant to impose a higher percentage on detention and programs to ensure that persons with dis- corrections facilities than it utilizes for its own abilities have access to the programs. facilities. Thus, the Department has adopted a 3 percent requirement in Sec. 35.151(k) Through its investigations and compli- for both new construction and alterations. ance reviews, the Department has found The Department notes that the 3 percent that in most detention and correctional requirement is a minimum. As corrections facilities, a 2 percent accessible cell require- systems plan for new facilities or alterations, ment is inadequate to meet the needs of the Department urges planners to include the inmate population with disabilities. That numbers of inmates with disabilities in their finding is supported by the majority of the population projections in order to take the commenters that recommended a 5-7 per- necessary steps to provide a sufficient num- cent requirement. Indeed, the Department ber of accessible cells to meet inmate needs. itself requires more than 2 percent of the cells to be accessible at its own corrections Dispersion of Cells. The NPRM did not facilities. The Federal Bureau of Prisons contain express language addressing is subject to the requirements of the 2004 dispersion of cells in a facility. However, ADAAG through the General Services Advisory 232.2 of the 2004 ADAAG Administration’s adoption of the 2004 ADAAG recommends that “[a]ccessible cells or as the enforceable accessibility standard rooms should be dispersed among different for Federal facilities under the Architectural levels of security, housing categories, and Barriers Act of 1968. 70 FR 67786, 67846- holding classifications (e.g., male/female 47 (Nov. 8, 2005). However, in order to meet and adult/juvenile) to facilitate access.’’ In explaining the basis for recommending, 36 - Guidance on 2010 Standards: Title II Department of Justice