Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation but not requiring, this type of dispersal, the (1) and (k)(2) of the final rule require acces- Access Board stated that “[m]any detention sible cells in each classification area. and correctional facilities are designed so that certain areas (e.g., `shift’ areas) can be Medical facilities. The NPRM also did not adapted to serve as different types of housing propose language addressing the application according to need’’ and that “[p]lacement of the 2004 ADAAG to medical and long-term of accessible cells or rooms in shift areas care facilities in correctional and detention may allow additional flexibility in meeting facilities. The provisions of the 2004 ADAAG requirements for dispersion of accessible contain requirements for licensed medical cells or rooms.’’ and long-term care facilities, but not those that are unlicensed. A disability advocacy The Department notes that inmates are group and a number of other commenters typically housed in separate areas of deten- recommended that the Department expand tion and correctional facilities based on a the application of section 232.4 to apply to all number of factors, including their classifica- such facilities in detention and correctional tion level. In many instances, detention and facilities, regardless of licensure. They correctional facilities have housed inmates recommended that whenever a correctional in inaccessible cells, even though acces- facility has a program that is addressed sible cells were available elsewhere in the specifically in the 2004 ADAAG, such as facility, because there were no cells in the a long-term care facility, the 2004 ADAAG areas where they needed to be housed, such scoping and design features should apply as in administrative or disciplinary segrega- for those elements. Similarly, a building tion, the women’s section of the facility, or code organization noted that its percentage in a particular security classification area. requirements for accessible units is based on what occurs in the space, not on the building The Department received a number of type. comments stating that dispersal of acces- sible cells together with an adequate number The Department is persuaded by these of accessible cells is necessary to prevent comments and has added Sec. 35.151(k) inmates with disabilities from placement in (3), which states that “[w]ith respect to improper security classification and to ensure medical and long-term care facilities in jails, integration. Commenters recommended prisons, and other detention and correc- modification of the scoping requirements tional facilities, public entities shall apply to require a percentage of accessible cells the 2010 Standards technical and scoping in each program, classification, use or ser- requirements for those facilities irrespective vice area. The Department is persuaded by of whether those facilities are licensed.’’ these comments. Accordingly, Sec. 35.151(k) Department of Justice Guidance on 2010 Standards: Title II - 37