Ohio Code 2930.041 – Victim right to interpreter
(A) Pursuant to the “Americans with Disabilities Act of 1990,” 104 Stat. 327, 42 U.S.C. § 12101, as amended, a victim with a disability has the right to a registered or certified American sign language interpreter on the registry for interpreters for the deaf at all court proceedings, all meetings with the prosecutor, and all investigative contacts with law enforcement, the probation department, the department of rehabilitation and correction, and the department of youth services, at no cost to the victim. The costs of the interpreter shall be paid for as follows:
Terms Used In Ohio Code 2930.041
- Court: means a court of common pleas, juvenile court, municipal court, or county court. See Ohio Code 2930.01
- Custodial agency: means one of the following:
(1) The entity that has custody of a defendant or an alleged juvenile offender who is incarcerated for a criminal offense, is under detention for the commission of a delinquent act, or who is detained after a finding of incompetence to stand trial or not guilty by reason of insanity relative to a criminal offense, including any of the following:
(a) The department of rehabilitation and correction or the adult parole authority;
(b) A county sheriff;
(c) The entity that administers a jail, as defined in section 2929. See Ohio Code 2930.01
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecutor: means one of the following:
(1) With respect to a criminal case, it has the same meaning as in section 2935. See Ohio Code 2930.01
(1) By the court at all court proceedings and for all contacts with the probation department;
(2) By the prosecutor at all meetings with the prosecutor;
(3) By the law enforcement agency for all investigative contacts with law enforcement;
(4) By the custodial agency for all contacts with the department of rehabilitation and correction or the department of youth services.
(B)(1) A victim who is non-English speaking or has limited English proficiency has the right to a certified, provisional, registered, or language-skilled foreign language interpreter at all of the following at no cost to the victim:
(a) Court proceedings;
(b) Meetings with the prosecutor;
(c) Investigative contacts with law enforcement except that law enforcement officers in the field may utilize technology assisted interpretation if interpretation services are not reasonably available;
(d) Contacts with the probation department;
(e) Contacts with the department of rehabilitation and correction, and the department of youth services.
(2) The costs of a foreign language interpreter described in division (B)(1) of this section shall be paid for as follows:
(a) By the court at all court proceedings and for all contacts with the probation department;
(b) By the prosecutor at all meetings with the prosecutor;
(c) By the law enforcement agency for all investigative contacts with law enforcement;
(d) By the custodial agency for all contacts with the department of rehabilitation and correction or the department of youth services.
(C) The victim’s right to a certified, provisional, registered, or language-skilled foreign language interpreter under division (B) of this section is subject to availability but is not subject to the cost of retaining an interpreter. Any agency described in division (B) of this section that is unable to provide a victim with an interpreter as required by division (B) of this section shall maintain records of the agency’s attempt to comply with this requirement.
Last updated September 7, 2023 at 12:51 PM