Texas Commission on Jail Standards Issues Memo Regarding Hearing-Impaired Communications

The Texas Commission on Jail Standards (TCJS) issued a technical assistance memorandum on January 24, 2022. The TCJS Technical Assistance Memorandum addresses Texas County jail inmates who have a hearing disability or are completely deaf. The memorandum indicates that most such inmates will likely use American Sign Language (ASL) as their primary means of communication. The TCJS encourages jails, in the memorandum, to include provision for Video Relay Service (VRS) in inmate telephone services contracts or to otherwise provide inmates access to VRS. The FCC will pay for the service pursuant to the Americans with Disabilities Act, and there is thus no charge to Texas county jails.

The FCC indicates that VRS enables people with hearing disabilities who use ASL to communicate with voice phone users through a video service instead of through typed text. The inmate will contact a VRS operator through a computer and allow communication with each other through sign language.

Many Texas county jails provide only TTYs for inmates who are deaf in order to access phone services. The TCJS warns Texas sheriffs and jail administrators that this may not be effective. Therefore, other forms of telecommunication technologies, such as video phones, may be necessary.

These issues can implicate constitutional concerns. It is important that Texas sheriffs and jail administrators protect and ensure constitutional rights of inmates within their care.

Written By: Dean Malone

Dean Malone

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.