..
'•
".
P!!QCEDURAL
URDER
Las Vegas Meuopolitan Police Department
Partners with the Community
Directive No.
TO
:
ALL PERSONNEL
SUBJECT
:
INTERACTION WITH PERSONS WHO HAVE
LIMITED ENGLISH PROFICIENCY (LEP)
Additional
Information
:
Accreditation
Standards
:
DcFct. Manual
Re ercncc:
Approval
Signature
:
Bill Young, Sheriff
Douglas C. Gillespie, Undersheriff
POEffective Date
Incorporates PO-18-06.
5/107.19
It is the policy of this department that appropriate language access auxiliary aids and services will be provided, when
necessary. to ensure effective communication with persons who have limited English proficiency. Language access auxiliary
aids and services include qualified interpreters. written materials, and other effective methods of making conversations and
materials available to individuals with limited English proficiency. For purposes of this order, interpreter means a
qualified/certified interpreter or service. Bilingual law enforcement personnel who wish to act as interpreters, must be
certified and tested by the Personnel Bureau. With exception of interviewing/interrogating a suspect, bilingual law
enforcement personnel are authorized to act as interpreters until a certified interpreter can be located. For example, the need
to obtain descriptive infonnation on a fleeing suspect, obtaining identifying infonnation of an injured person, or delay will
create a Terry Stop violation (60 minute rule), a bilingual officer may be utilized. In non-emergency type situations, all
personnel shall attempt to obtain the assistance of a certified interpreter.
)
Department Employees will attempt to identify the LEP individual's primary language through the use of the Language
Identification Card, LVMPD 404 (REV. 2-07). Interpreters/bilingual officers will be made available before and during all
communications with LEP arrestees, victims, and witnesses that communicate in a language other than English. Excluded
as interpreters are spouse and relatives of the person, or persons biased for or against one of the parties, unless otherwise
agreed upon by the parties involved. Persons under the age of 18 should never be used as interpreters.
Interpreters are available for call 24-hours a day, seven days a week, through the Communications Bureau. In the case of
Hispanic interpreters, members of the HISP team may be called or a translation service (telephonic) may be used (see
Department Manual section 5/107.20).
INlERVIEWING/INlERROGATING SUBJECTS WITH LIMllED ENGLISH PROFICIENCY
If an interview with an LEP subject is necessary to establish probable cause to make an arrest, an interpreter must be
provided. When the services of an interpreter are required to ensure effective communication, the interview must be
postponed until the officer can make arrangements for a interpreter.
If an officer cannot effectively inform the subject of the Miranda rights without the use of an interpreter, then the officer
must secure the services of an interpreter to communicate accurately the warnings to the subject prior to any interrogation.
An officer can proceed with the interrogation using a printed non-English version of certain documents (including the
Miranda rights) only if:
t. exigent circumstances do not permit a delay in the interrogation of the subject;
2. an interpreter cannot be located within a reasonable period of time; AND
3. written communication between the officer and the subject is effective in conveying an understanding of the
Miranda rights.
However, if communication becomes ineffective, for example, because the factual pattern is complex, the subject is having
difficulty communicating, or the subject chooses to discontinue the interrogation, the officer must discontinue the
interrogation and wait until an interpreter is present before continuing the interrogation.
ISSUANCE OF TRAFFIC/Jl.IISDEJI.!EANOR CITAnONS
)
If an English speaking individual would have been issued a citation without having been questioned by an officer, then a
suspect with LEP in the same situation does not need to be provided with an interpreter. However, if the officer is unable
to convey to the violator the nature of the infraction, then the officer will call an interpreter/bilingual officer to the
scene 01' make a decision whether to issue a warning rather than a citation.
"
:,' \PO-xx-06
2
BOOKING ARRESTEES
When making an arrest of a person with limited English proficiency (LEP), an officer may request the Communications
Bureau to determine if a qualified interpreter is available at the Detention facility. In the case of Hispanic interpretation, a
member of the HISP team may be dispatched to DSD, if necessary. The officer will book the subject into the detention
facility with the assistance of an interpreter, jf necessary.
Detention personnel will screen LEP arrestees and determine if arrangements need to be made for an interpreter.
INVESTIGATIONS
If an investigator is unable to communicate effectively, he/she can request a HISP interpreter, a certified law enforcement
interpreter, or place a call to the language line prior to questioning or taking statements from subject.
All communications with the subject will be through the interpreter. All identifying information on the interpreter must be
included in some type of report (arrest report, officers report, etc.). All written questions and responses between and among
officers and persons with LEP must be treated as evidence and handled accordingly. A copy of the written questions and
responses must be forwarded with any reports to the Records Bureau and the originals must be placed into evidence.
TRACKING AND TABULATION OF ENCOUNTERS WITH LEP PERSONS
To ensure that data collected is accurate and reliable, the department will measure contacts with LEP individuals using vetted,
reliable data collection methods already in existence. This data will be used to measure the effectiveness of the department's
current language assistance measures. LEP Tracking Logs and languages identified through the Hispanic American Resource
Team (HAR1), Hispanic Interpreter Services Program (HISP). certified interpreters, and Language Line Services', will be
tabulated and reported in the Quarterly Performance Report. Calls for Service (CFS) that require language assistance from
the Language Line will be coded within the Computer Aided Dispatch (CAD) system. This will enable a report to be run
quarterly, which will detail contacts made and location. This.information, together with annual demographic data collected
by the Clark County School District and City of Las Vegas Department of Information Technologies will provide the
department with a comprehensive picture of Clark County's demographic make up, as well as other indicators of present and
future language access needs.
)
An LEP Tracking Log, LVMPD 394, will be printed out and maintained by the Hispanic American Resource Team (HAR1)
Hispanic Interpreter Services Program (HISP), and certified interpreters. At the end of the quarter, the logs will be submitted
to the bureau commander to include in his/her Quarterly Performance Report. Tabulation will include:
1. Total number of language assistance contacts
2. Nwnber which required written assistance*
3. Number which required oral assistance*
4. Number of contacts by specific language
5. Area command of contact
*If written and oral assistance is provided, count as two distinct contacts.
At the end of each quarter, each supervisor will forward all LEP logs to the Office of Employment Diversity (OED).(1O/03,
11/06,2/07)SM
)
·.
..
:,'
PROGRAM DOCUMENT
I
LIMITED ENGLISH LANGUAGE PROFICIENCY (LEP) POLICY
I.
PURPOSE
A. The purpose of this Directive is to establish effective guidelines, consistent with
Title VI of the Civil rights Act of 1964 and the Omnibus Crime Control and
Safe Streets Act, for departmental personnel to follow when providing services
to, or interacting with, individuals who have limited English proficiency (LEP).
B. The Las Vegas Metropolitan Department recognizes the importance of effective
and accurate communication between its employees and the community they
serve. Language barriers can impede effective and accurate communication in a
variety of ways. Language barriers can sometimes inhibit or even prohibit
individuals with limited English proficiency (LEP) from accessing and/or
understanding important rights, obligations, and services, or from
communicating accurately and effectively in difficult situations. Hampered
communication with LEP victims, witnesses, alleged perpetrators, and
community members can present the Police Department with safety,
evidentiary, and ethical challenges. Ensuring maximum communication ability
between law enforcement and all segments of the community serves the interest
of both.
II.
POLICY
A. It is the policy of this Department to take reasonable steps to provide timely
meaningful access for LEP persons to the services and benefits that the
Department provides to all departmentally conducted programs or activities.
All police personnel shall provide free language assistance services to LEP
individuals whom they encounter or whenever an LEP person requests language
assistance services. All police personnel will inform members of the public that
language assistance services are available free of charge to LEP persons and
that the Department will provide these services to them.
III.
DEFINITIONS
A. Bilingual: The ability to speak effectively in two or more languages. An
individual who is bilingual is not necessarily culturally competent or bicultural.
B. Hispanic Interpreter Services Program fHISP): Bilingual police personnel who
are certified bilingual and have been authorized to serve as interpreters for
LVMPD. Unlike PDIs, HISP members are certified in both oral Spanish
language interpretation and written translation in Spanish.
)
I
'
. .• ,
..
.'
PROGRAM DOCUMENT
C. Intemretation: is the act of listening to a communication in one language (source
language) and orally rendering into another language (target language) while
retaining the same meaning.
D. Limited English Proficiency ILEP): A person has limited English proficiency
(LEP) if slhe speaks, reads, writes, or understand English less than very well.
LEP individuals may be competent in certain types of communication (e.g.,
speaking or understanding), but still be LEP for other purposes (e.g., reading or
writing). Similarly, LEP designations are context-specific: an individual may
possess sufficient English language skills to function in one setting (e.g., having a
casual conversation on the street), but may find these skills are insufficient in
other situations (e.g., a legal proceeding).
E. Police Department Intemreter (PDI): Bilingual police personnel, including the
HISP team, who have been certified and tested by the Personnel Bureau, are
authorized to interpret for others in certain situations.
F. PDI List: An accounting of police personnel who are certified bilingual and are
authorized to act as interpreters. The list will be created and maintained by the
Communications Bureau.
G. Primary Language: means an individual's native tongue or the language in which
an individual most effectively communicates. Police personnel should avoid
assumptions about an individual's primary language.
EXAMPLE: Not all individuals from Central America speak Spanish fluently.
Instead, some Central Americans may claim an indigenous language as their
native tongue. Police personnel should make every effort to ascertain an
individual's primary language to ensure effective communication.
H. Translation: is the rendering of a written text from one language (source
language) into another language (target language).
IV
PROCEDURES FOR ACCESSING INTERPRETATION SERVICES:
A. Civilian Emergency Calls to 9-1-1
1. When a 9-1-1 call is received by 911 personnel and it is determined that the
)
caller is LEP, the call taker shall inform the LEP caller that he or she will be
immediately transferred to an interpreter. If the language is known, the call
taker shall immediately survey Communications for an available and
appropriate PDI to respond. If a PDI is available, the original call taker will
immediately transfer the LEP caller to the PDI. The PDI shall follow the
standard operating procedures for all 9-1-1 calls.
2
....
.. .
PROGRAM DOCUMENT
2. If no POI is available in the Communications Center, for LEP callers whose
primary language is Spanish, the call will be transferred to the on-duty HISP
interpreter.
3. If no available and appropriate HISP interpreters are available, the call taker
will contact the contracted telephonic interpretation service directly. Once a
three-way call is established between the call taker, the LEP caller, and the
interpreter, the call taker shall follow the standard operating procedures
used for all 9-1-1 calls.
4. 9-1-1 personnel will note in the information sent to dispatch that the 9-1-1
caller is an LEP individual and indicate the language, so that this
information is provided to responding police personnel. The Dispatcher will
also dispatch the on-duty HISP interpreter to the assignment.
B. Police Personnel Requesting Interpretation Services:
1. Responding Police Personnel Responsibilities:
)
a. Police personnel in the field in need of interpretation services will
attempt to identify the LEP individual's primary language through the
use ofa langnage identification card LVMPD 404 (Rev. 2-07) and for
LEP individuals whose primary language is Spanish, immediately
contact Dispatch for the on-duty HISP interpreter.
2. Exigent Circumstances:
a. Police personnel are expected to follow the general procedures outlined
in this directive; however exigent circumstances may require some
deviations. With exception of interviewing/interrogating a suspect,
bilingual law enforcement personnel are authorized to act as interpreters
until a certified interpreter can be located. In such situations, personnel
are to use the most reliable, temporary interpreter available, such as
bilingual Police Personnel or PDI, until the on-duty HISP interpreter
arrives. Examples may include the need to obtain descriptive
information on a fleeing suspect, or identifying information of an
injured person however, or delay will create a Terry Stop violation (60
minute rule). Once an exigency has passed, all personnel shall request
the assistance of a certified interpreter.
3. Family, Friends and Bystanders:
)
b. In other than exigent circumstances, Police personnel should only use
family, friends or bystanders for interpreting in very informal, nonconfrontational contexts, and only to obtain basic information at the
request of the LEP person, until the on-duty HISP interpreter arrives.
3
•
PROGRAM DOCUMENT
Using family, friends, or bystanders to interpret could result in a breach
of confidentiality, a conflict of interest, or an inadequate Interpretation.
Barring exigent circumstances, police personnel should not use minor
children to provide interpreter services. Persons under the age of 18
should never be used as interpreters.
4. 9-1-IlMetroComm Responsibilities:
a. For LEP callers whose primary language is Spanish, 9-1-IlMetroComm
personnel will consult the HISP Interpreter List to determine if a HISP
interpreter is available to respond to the assignment.
If no HISP
interpreter is available to respond or the caller speaks a language other
than Spanish, 9-1-llMetroComm will immediately determine if a PDI is
available to assist. If no PDI that speaks the caller's language is
available, the 9-1-llMetroComm personnel will contact the telephonic
interpretation service provider (Language Line Services).
C. HISP In-Person Interpretation Services
1. HISP in-person interpretation services shall be available to all police
personnel when interacting with LEP individuals whose primary language is
Spanish. MetroComm will be the central conduit for connecting personnel
in the field to the appropriate interpreter. While this service is available to
all police personnel, it is best suited for investigative units operating under
non-emergency situations, such as witness interviews and criminal
interrogations.
2. Police personnel who believe they need this service will contact
MetroComm. The requesting Police personnel will provide MetroComm
with the requesting officer's name, badge number, phone number, and exact
location where the interpreter is expected ( i. e. numerical address with room
or floor numbers - not just "homicide" or "detective bureau '').
3. For LEP individuals whose primary language is Spanish, the MetroComm
dispatcher will contact the on-duty HISP interpreter, relay all information,
and will provide all pertinent information for their response. The dispatcher
will obtain an estimated time of arrival (ETA) for the interpreter before
ending the call and will notity the officer/investigator with this information.
The use of this service will be noted by the responding HISP interpreter.
4. Upon the arrival of the HISP interpreter, the officer/investigator will ask all
questions through the interpreter.
NOTE:
It is police personnel's responsibility to develop and ask any
questions. Under no circumstances will an interpreter
independently question a LEP individual. The interpreter's role
)
4
PROGRAM DOCUMENT
is to serve as a neutral third party, taking care not to insert his or
her perspective into the communication between the parties.
5. Conflict of InterestlBias of Interpreter:
a. If the officer/investigator believes that there is any conflict of interest
with the assigned interpreter, bias or any other reason why the
interpreter should be excused, the highest ranking supervisor on location
shall be consulted. If that supervisor agrees that the concern is
warranted, MetroComm will be notified for another on-duty HISP
interpreter.
b. Any time that there may be a conflict of interest or bias on the part of
the interpreter the supervisor consulted with, will forward a
memorandum to the departmental LEP Coordinator..
V.
INTERROGATION, INTERVIEWS AND COMPLAINTS
A. Criminal Interrogations
)
I. A failure to protect the rights of LEP individuals during interrogations risks
the integrity of any investigation. Police personnel must recognize that
miscommunication during interrogations may have a substantial impact on
the evidence presented in any related criminal prosecution. A qualified
interpreter shall be used for all interrogations as the suspect's legal rights
could be adversely impacted.
2. Because of the dual role a PDI may have when conducting interrogations
and acting as an interpreter, it may be determined that a PDI not serve as an
interpreter during interrogations. For LEP individuals whose primary
language is Spanish, HISP interpreters may be utilized, as outlined in
Section IV -C.
3. Miranda Warnings, and all other vital written materials, will be available to
the suspect or witness in Spanish. In the case of a language into which forms
have not been translated and in the case of illiteracy, forms will be read to
the suspect or witness in his or her primary language using a HISP
interpreter (for LEP Spanish speaking individuals who are not literate), PDI,
or Language Line Services.
B. Crime Witness Interviews
I. These scenarios potentially involve statements with evidentiary value upon
)
which a witness may be impeached in court. As such, accuracy is a priority.
5
PROGRAM DOCUMENT
Accordingly, a HISP interpreter will be used as an interpreter when taking
any formal statement or interview from a LEP individual whose primary
language is Spanish. If a HISP interpreter is not already on location with
the investigator, the investigator will contact MetroComm to request a HISP
interpreter to respond to the investigator's location. In the event there are
no HISP interpreters available to respond, a PDI shall be utilized. In the case
of a language other than Spanish in which there is no PDI, Language Line
Services will be utilized.
C. Complaint Procedures for LEP Persons
1. Any LEP individual, who wishes to file a complaint with the Department
regarding language access, or the discharge of Departmental duties, shall be
provided with translated Internal Affairs Bureau (lAS) complaint forms.
2. The assigned lAS investigator will use a HISP interpreter when conducting
any interviews of LEP complainants or witnesses whose primary language
is Spanish. If a HISP interpreter is not already on location with the
investigator, the investigator will contact MetroComm to determine if a
HISP or PDI is available to respond to the lAB investigator's location. In
the case of a language other than Spanish in which there is no PDI;
Language Line Services will be utilized.
3. lAS will provide written notice of the disposition of any LEP complaint in
the complainant's primary language.
)
4. In the event formal disciplinary charges result from an LEP complaint, an
interpreter will be made available for any scheduled hearing.
VI
PROCEDURES
SERVICES
FOR
ACCESSING
DOCUMENT
TRANSLATION
A. Identification and Translation of Vital Documents
1. The Department's LEP Coordinator and Policy and Planning Unit (P&P),
with guidance from the U.S. Department of Justice and the Vera Institute of
Justice, shall be responsible for classifying all documents as vital or nonvital, and determining into what languages the vital documents should be
translated.
2. The LEP Coordinator will assess demographic data, review contracted
language access services utilization data, and consult with community-based
organizations in order to inform these decisions. The Policy and Planning
(P&P) will be responsible to have the documents translated and distributed.
)
6
.'
1"
(
PROGRAM DOCUMENT
3. Requests by Other Units for Document Translation:
a. Although P&P shall be the central conduit for document translation; all
police personnel shall have access to this service if needed. The
following procedures shall be used:
1) Should Police Personnel identify a need for a specific document to
be translated, a memorandum will be forwarded to the Policy and
Planning Unit. Policy and Planning will review the request against
the requirements listed in Section VI-A, confirm that no similar
document has already been translated, and then forward document to
the HISP Lieutenant for translation. Policy and Planning will advise
the LEP coordinator of the request. Upon completion by HISP, the
translated document will to be forwarded to General Services for
printing and distribution.
2) HISP will complete translations in Spanish. For languages other
than Spanish, the Department will obtain translations from a
certified translator, in accordance with
their internal translation procedures.
a. If the document has been deemed to be a vital
document, translation into Spanish by HISP must be
completed within 10 days of receiving the
document. Any delays must be approved by the
Policy and Planning Unit.
B. Translation of Investigative Documents
1. Should an investigator need a note, letter or other document translated for an
investigation, a memorandum will be forwarded to the HISP Lieutenant
with a copy of the original note, letter or other document to be translated.
Indicate if the translation is needed immediately. Otherwise specify the date
required.
VII. NOTIFYING
SERVICES
THE
PUBLIC
ABOUT
DEPARTMENTAL
LANGUAGE
A. At each police building with direct public access, signs shall be posted in the
most commonly spoken languages at each public access point or lobby stating
that interpreters are available free of charge to LEP individuals.
)
B. The Department shall also maintain translated written public forms and
documents for LEP individuals. A list of these documents and forms along with
the available languages is listed in Appendix A of this directive.
7
...
. I
PROGRAM DOCUMENT
C. Notification of the availability of translated forms and documents will be posted
in the public lobby of Police Headquarters, districts, units and detention
facilities to inform LEP persons about which forms are readily available. In the
case of illiteracy or languages into which materials have not been translated,
such forms and documents will be read to LEP individuals in their primary
language. For a list ofPDls, contact MetroComm.
D. The Bureau Commanders of all districts and units with direct public access shall
ensure that the signage is posted and visible to the general public.
VIII TRAINING - LANGUAGE ASSISTANCE POLICY AND INTERPRETER
SKILLS
A. The Department will provide periodic training to personnel about the
Department's LEP policies, including how to access departmental authorized,
telephonic and in-person interpreters. The Department shall conduct such
training for new recruits during the Police and Corrections Officer Academies,
at in-service training, and at Roll Call for officers assigned to the Downtown
and Northeast Area Commands at least every two (2) years. Training shall
initially be conducted within 180 days of the effective date of this Directive.
B. Police personnel identified as bilingual who are willing to act as POIs or HlSP
interpreters will have their language skills assessed by Selection and
Classifications using a structured assessment tool. Selection and Classifications
will establish qualifications for certification of interpreters.
C. After assessment, those found proficient in interpreting into and from target
language will be placed on the POI List. HISP interpreters will be assigned
under the supervision ofthe HISP Lieutenant.
D. Department Language Interpreters must:
1. Demonstrate proficiency in and ability to communicate information
accurately in both English and in the target language;
2. Have knowledge in both languages of any specialized terms of concepts
peculiar to the Department and of any particularized vocabulary and
phraseology used by the LEP person and;
3. Understand and adhere to their role as interpreters without deviating into a
role as counselor, legal advisor, or other roles.
)
8
,
"
"
.•
PROGRAM DOCUMENT
IX.
MONITORING AND UPDATING LANGUAGE ASSISTANCE EFFORTS
A. The Department will take reasonable steps to develop in-house language
capacity by hiring personnel with specific language skills. Using the various
assessment processes described in this directive, the Department will work with
the Personnel Department to recruit and hire qualified bilingual staff.
B. Complaint or Incident Reports (75-48) involving LEP contacts:
1. If during the course of handling an assignment where a 75-48 is required
and police personnel either utilized hislher bilingual skills, the services of a
PDI, an in-person interpreter or the telephonic interpreter service, the letters
"LEP" along with the language in large bold letters shall be inserted in the
lower section of the 75-48.
2. The Operations Room Supervisor (ORS) shall submit the pink copy of all
75-48 Reports with the letters "LEP" along with the language in the lower
section to the Commanding Officer of Research and Planning (PHQ, Room
203) for review and tracking.
C. Community Review:
I. The LEP Coordinator shall assess demographic data, review contracted
language access services (i.e., Language Line Services) utilization data, and
consult with community-based organizations annually in order to determine
if there are additional languages into which vital documents should be
translated.
D. New Documents:
1. The LEP Coordinator will be responsible for annually reviewing all new
documents issued by the Department to assess whether they should be
considered vital documents and be translated.
E. Collection of LEP Contact Data:
I. The Director of the Communications Bureau will be responsible for
collecting dispatched Police LEP contacts through the CAD system, and
billing statements submitted by the contracted telephonic language service
providers. In all other relevant Department locations, LEP contacts will be
collected through the use of LEP tracking and tabulation desk logs. To avoid
cross-tabulation of LEP contacts, HART, HISP, and other certified
interpreters will maintain separate tracking and tabulation of calls for service.
)
LEP contact totals will be reported by each relevant Bureau, Section, and
Area Command on the Department's Quarterly Performance Report.
9
PROGRAM DOCUMENT
F. The Sheriff or his/her designee shall be responsible for assessing demographic
data, reviewing contracted language access services utilization data and
consulting with community-based organizations to ensure that the Department
is providing meaningful access to LEP persons to the services and benefits the
Department provides in all Department-conducted programs or activities. This
assessment and consultation shall be done in coordination with Department's
LEP Coordinator.
)
10
... .
.f;•
~,
.,
PROGRAM DOCUMENT
•
APPENDIX A
SUBJECT:
TRANSLATED LVMPD VITAL DOCUMENTS
The below documents have been deemed vital and are available both in English and
Spanish.
Reference
I.
2.
3.
4.
5.
6.
7.
8.
9.
Consent To Search Card
Consent To Search Form
Custodial Interrogation-Adult/Juvenile
Custodial Interrogation-Adult/Juvenile
Domestic Violence Information Cards
Drivers Report of Traffic Accident
Implied Consent Warning
Photo Line-Up Witness Instructions
Rights of Person Arrested
to. Search Warrant (Generic)
11. Search Warrant (Sexual Assault)
12. Standardized Field Sobriety Tests
13. Victim's Information Guide
14. Voluntary Statement-Suspect wlMiranda (Transcribed)
15. Voluntary Statement-Suspect wi Miranda (Written)
16. Voluntary Statement-Witness
17. What To Do When Stopped
)
11
LVMPD079A
LVMPD079
LVMPD 148
LVMPD 148B
LVMPD 7441740
LVMPD 078/078B
LVMPD004
LVMPD 104A
LVMPD099
Pending
LVMPD384
LVMPD 1461280
LVMPD608
LVMPD 178
LVMPD093
LVMPD085
LVMPD753
