§ 13-90-204 — Appointment of auxiliary services providers

(1) An appointing
authority shall provide a qualified auxiliary services provider to interpret the
proceedings to a person who is deaf, hard of hearing, or deafblind and to interpret
the statements of the person who is deaf, hard of hearing, or deafblind in the
following instances:

(a) When a person who is deaf, hard of hearing, or deafblind is present and
participating as the principal party of interest or a witness at any civil or criminal
proceeding, including but not limited to any criminal or civil court proceeding in the
state court system; a court-ordered or court-provided alternative dispute
resolution, mediation, arbitration, or treatment; an administrative, commission, or
agency hearing; or a hearing of a licensing authority of the state;

(b) When a person who is deaf, hard of hearing, or deafblind is involved in any
stage of grand jury or jury proceedings as a potential or selected juror;

(c) When a juvenile whose parent or parents are deaf, hard of hearing, or
deafblind is brought before a court for any reason;

(d) When a person who is deaf, hard of hearing, or deafblind is arrested and
taken into custody for an alleged violation of a criminal law of the state or any of its
political subdivisions. Such appointment shall be made prior to any attempt to
notify the arrestee of his or her constitutional rights and prior to any attempt to
interrogate or to take a statement from the person; except that a person who is
deaf, hard of hearing, or deafblind and who is otherwise eligible for release shall
not be held pending the arrival of a qualified interpreter.

(e) (Deleted by amendment, L. 2006, p. 1088, � 4, effective May 25, 2006.)

(f) When effective communication cannot be established without an auxiliary
service and when an alleged victim or witness is a person who is deaf, hard of
hearing, or deafblind, who uses sign language for effective communication, and
who is questioned or otherwise interviewed by a person having a law enforcement
or prosecutorial function in any criminal investigation, except where the length,
importance, or complexity of the communication does not warrant provision of an
auxiliary service. Assessment of whether the length, importance, or complexity of
the communication warrants provision of an auxiliary service shall be made in
accordance with United States department of justice regulations effectuating Title
II of the federal Americans with Disabilities Act of 1990, as from time to time may
be amended, Pub.L. 101-336, codified at 42 U.S.C. sec. 12101 et seq., including
regulations, analysis, and technical assistance.

(g) (Deleted by amendment, L. 2007, p. 2026, � 29, effective June 1, 2007.)

(1.5) Nothing in this part 2 shall be construed to provide less than is required
by Title II of the federal Americans with Disabilities Act of 1990, as from time to
time may be amended, Pub.L. 101-336, codified at 42 U.S.C. sec. 12101 et seq., and
its implementing regulations.

(2) Nothing contained in this section shall be construed to preclude the use
of services of an interpreter in civil proceedings.

Legislative History

Source: L. 87: Entire part R&RE, p. 571, � 1, effective April 23. L. 2006: (1) amended, p. 1088, � 4, effective May 25. L. 2007: (1)(f) and (1)(g) amended and (1.5) added, p. 2026, � 29, effective June 1. L. 2009: (1)(a) amended, (SB 09-144), ch. 219, p. 992, � 10, effective August 5. L. 2018: IP(1), (1)(a) to (1)(d), and (1)(f) amended, (HB 18-1108), ch. 303, p. 1834, � 4, effective August 8.