36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

232 Detention and Correctional Facilities

This section provides scoping criteria specific to prisons, jails, and other types of detention and correctional facilities.

Several provisions in this section have been revised:

• this section has been revised to refer to "cells" as opposed to "cells or rooms" for purposes of simplicity

• scoping for beds in cells (232.2.1.1) references a provision for beds in transient lodging guest rooms which has been revised, as discussed above in section 224

• a provision for partitions in visiting areas (232.5.2) has been revised for consistency with the technical criteria it references, consistent with a similar provision for judicial facilities (231.4.2) discussed above in section 231

• a dispersion requirement for wheelchair and communication accessible cells has been removed, as discussed below (232.2.4 in the proposed rule)

• an exception from the requirement for grab bars in cells specially designed without protrusions for purposes of suicide prevention (233.3, Exception 1 in the proposed rule) has been moved to the technical requirement for grab bars, which is a more appropriate location (604.5)

Scoping provisions for detention and correctional facilities require access to at least 2% of the general housing and holding cells provided (232.2.1). In addition, where emergency alarm systems and telephones are provided in general housing or holding cells, at least 2% of the cells must be equipped with accessible communication features, such as visual alarms and telephones equipped with volume controls, to accommodate persons with hearing impairments (232.2.2). The proposed rule contained a requirement that half of the accessible communication features be provided in accessible cells, consistent with a dispersion requirement provided for transient lodging guest rooms. This provision was changed, as indicated in the draft of the final guidelines, to prohibit any overlap between accessible cells and those equipped with accessible alarms and telephones. In the final rule, the Board has removed this provision. Scoping for accessible communication features is triggered only where cells are equipped with alarms and telephones. In facilities without such cells, only scoping for accessible cells would apply, making provisions for required overlap irrelevant. Where such cells are provided, the final rule does not prohibit the location of accessible communication features in accessible cells.