In a significant move to address the needs of incarcerated individuals with disabilities, the San Diego County Sheriff's Office has announced a settlement in the ADA-focused Dunsmore v. County of San Diego class action lawsuit. After a partial agreement in June 2023, the settlement aims to fully resolve claims related to Americans with Disabilities Act (ADA) accommodations in county jails.
This agreement follows a concerted effort by the Sheriff's Office to drastically improve accessibility over the past two years, including establishing a Sheriff's ADA Unit, revamping policies and procedures, and implementing training programs. Moreover, the jails have undergone construction renovations and procured assistive technologies—like video phones that provide video relay services or closed captioning—to better serve incarcerated persons with disabilities.
According to the San Diego County Sheriff's Office's announcement, the new settlement agreement will usher in numerous changes that promote access for disabled individuals within correctional facilities. These changes include specific construction modifications at multiple detention and reentry facilities across the county.
Other pivotal components of the settlement are designed to foster a more inclusive environment and include practices to effectively ensure communication during the booking and orientation process for those with disabilities, to thoroughly provide initial and annual ADA training to jail staff and contractors, and to develop a robust system to identify and track incarcerated persons requiring accommodations. Furthermore, the agreement mandates policies to ensure that individuals with disabilities are appropriately accommodated during emergencies, such as evacuations.
Sheriff Kelly A. Martinez expressed gratitude for the settlement, which, she noted, is grounded in a mutual understanding and commitment to ADA compliance, even though it's not a consent decree. To ensure adherence to the settlement terms, the County of San Diego will hire neutral experts to monitor compliance.
The pact, awaiting court approval, promises sweeping improvements to the county's jail system, which comprises seven detention facilities holding an average of 4,000 individuals daily. It's part of a broader drive to better county jail conditions, including facility upgrades and initiatives to improve healthcare and reduce recidivism. This effort is under the watchful eye of numerous oversight bodies, such as the California Board of State and Community Corrections, the San Diego County Grand Jury, and the San Diego County Citizens' Law Enforcement Review Board.
Once court-approved, the full text of the settlement agreement will be made available on the Sheriff's Office website for public scrutiny.
