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Questions and Answers
Which of the following constitutes domestic violence?
Which of the following constitutes domestic violence?
What does the Federal Gun Ban Law prohibit?
What does the Federal Gun Ban Law prohibit?
Who qualifies as a victim under the definition provided?
Who qualifies as a victim under the definition provided?
What must be scheduled appropriately by supervisors following a domestic violence incident?
What must be scheduled appropriately by supervisors following a domestic violence incident?
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What does a restraining order mandate?
What does a restraining order mandate?
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What is the consequence for sworn personnel with a domestic violence misdemeanor?
What is the consequence for sworn personnel with a domestic violence misdemeanor?
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What happens to employees arrested for domestic violence related incidents?
What happens to employees arrested for domestic violence related incidents?
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What is defined as a 'Batterer' in the context of domestic violence?
What is defined as a 'Batterer' in the context of domestic violence?
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What types of crimes could result in a domestic violence charge?
What types of crimes could result in a domestic violence charge?
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Which of the following is not included in the definition of domestic violence offenses?
Which of the following is not included in the definition of domestic violence offenses?
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What occurs if an employee is indicted by a grand jury?
What occurs if an employee is indicted by a grand jury?
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Which section of the Code mandates automatic suspension for indicted employees?
Which section of the Code mandates automatic suspension for indicted employees?
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What must occur immediately following a domestic violence arrest or charge for employees?
What must occur immediately following a domestic violence arrest or charge for employees?
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What role does the Facility/Bureau Supervisor have in the notification process?
What role does the Facility/Bureau Supervisor have in the notification process?
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What document supersedes the policy from February 14, 2000?
What document supersedes the policy from February 14, 2000?
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Which aspect of the Miami-Dade Corrections and Rehabilitation Department is NOT directly addressed?
Which aspect of the Miami-Dade Corrections and Rehabilitation Department is NOT directly addressed?
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What is required before a reasonable suspicion toxicology test can be conducted for an employee with a domestic violence injunction?
What is required before a reasonable suspicion toxicology test can be conducted for an employee with a domestic violence injunction?
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Who needs to prepare the Employee Notification memorandum upon receiving notification about an employee's domestic violence situation?
Who needs to prepare the Employee Notification memorandum upon receiving notification about an employee's domestic violence situation?
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What action must the Labor Management Unit Supervisor take following notification of a domestic violence incident involving a sworn employee?
What action must the Labor Management Unit Supervisor take following notification of a domestic violence incident involving a sworn employee?
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What must happen to the employee after a domestic violence arrest notification is received?
What must happen to the employee after a domestic violence arrest notification is received?
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What should the SIAB do upon receiving notification of a domestic violence incident involving a sworn employee?
What should the SIAB do upon receiving notification of a domestic violence incident involving a sworn employee?
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What document must be maintained in the employee’s LMU file following a domestic violence incident?
What document must be maintained in the employee’s LMU file following a domestic violence incident?
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What is NOT a responsibility of the Labor Management Unit Supervisor upon notification of a domestic violence situation?
What is NOT a responsibility of the Labor Management Unit Supervisor upon notification of a domestic violence situation?
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What type of employee is affected by the policies outlined for domestic violence incidents?
What type of employee is affected by the policies outlined for domestic violence incidents?
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What will happen to a sworn employee who cannot meet the job requirements due to restrictions from a domestic violence injunction?
What will happen to a sworn employee who cannot meet the job requirements due to restrictions from a domestic violence injunction?
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According to Florida law, what is prohibited for a sworn staff member who is under a domestic violence injunction?
According to Florida law, what is prohibited for a sworn staff member who is under a domestic violence injunction?
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What action must a sworn employee take after filing for a domestic violence injunction?
What action must a sworn employee take after filing for a domestic violence injunction?
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Which statement is true about a sworn employee possessing a firearm while under a domestic violence injunction?
Which statement is true about a sworn employee possessing a firearm while under a domestic violence injunction?
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What are the potential consequences for failing to comply with the notification process after an arrest related to domestic violence?
What are the potential consequences for failing to comply with the notification process after an arrest related to domestic violence?
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What does FS 790.233(3) allow for sworn employees with an active certification?
What does FS 790.233(3) allow for sworn employees with an active certification?
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When is a sworn employee's prohibitions from a domestic violence injunction no longer in effect?
When is a sworn employee's prohibitions from a domestic violence injunction no longer in effect?
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Which responsibility falls upon a sworn employee concerning domestic violence allegations?
Which responsibility falls upon a sworn employee concerning domestic violence allegations?
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How often should the affected sworn employee’s case be monitored?
How often should the affected sworn employee’s case be monitored?
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What is one of the responsibilities of the Intake and Release Bureau (IRB) regarding alleged victims?
What is one of the responsibilities of the Intake and Release Bureau (IRB) regarding alleged victims?
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Which measure may be implemented before a sworn employee is allowed to return to full-duty after a permanent injunction?
Which measure may be implemented before a sworn employee is allowed to return to full-duty after a permanent injunction?
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What document must be prepared for the Director’s review regarding an employee's return to full duty?
What document must be prepared for the Director’s review regarding an employee's return to full duty?
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What action should be taken if an injunction is made permanent for a sworn employee?
What action should be taken if an injunction is made permanent for a sworn employee?
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When should the LMU monitor domestic violence cases of employees?
When should the LMU monitor domestic violence cases of employees?
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What should documentation maintained by the employee include after assessment by the ESS or MHMSU?
What should documentation maintained by the employee include after assessment by the ESS or MHMSU?
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What is the purpose of issuing a new MDCR Firearms Qualification Card marked 'ON-DUTY USE ONLY D/V'?
What is the purpose of issuing a new MDCR Firearms Qualification Card marked 'ON-DUTY USE ONLY D/V'?
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What must an employee do if served with an injunction that requires them to surrender firearms?
What must an employee do if served with an injunction that requires them to surrender firearms?
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What document must the Training Bureau complete when an employee surrenders an MDCR issued firearm?
What document must the Training Bureau complete when an employee surrenders an MDCR issued firearm?
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If an employee is authorized to carry a firearm during work hours, who is responsible for maintaining a sign in/out log?
If an employee is authorized to carry a firearm during work hours, who is responsible for maintaining a sign in/out log?
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What happens to staff served with a temporary injunction regarding their work status?
What happens to staff served with a temporary injunction regarding their work status?
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Under the Federal Domestic Violence Offender Gun Ban, who is prohibited from possessing a firearm?
Under the Federal Domestic Violence Offender Gun Ban, who is prohibited from possessing a firearm?
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What must an employee do after surrendering their MDCR issued weapon?
What must an employee do after surrendering their MDCR issued weapon?
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What is the requirement for employees if they possess both a personal firearm and an issued firearm after a domestic violence injunction?
What is the requirement for employees if they possess both a personal firearm and an issued firearm after a domestic violence injunction?
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What is a possible consequence for a sworn staff member convicted of a felony crime of domestic violence?
What is a possible consequence for a sworn staff member convicted of a felony crime of domestic violence?
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Study Notes
Miami-Dade Corrections and Rehabilitation Department - Domestic Violence Arrests and Complaints (DSOP 6-047)
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Policy: Miami-Dade Corrections and Rehabilitation Department (MDCR) policy mandates that employees arrested for domestic violence-related incidents are immediately relieved of duty. Indicted employees or those with formally filed complaints are automatically suspended as per Miami-Dade County Code.
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Definitions:
- Batterer: Person who perpetrated or was convicted of domestic violence.
- Domestic Violence: Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or criminal offense harming a family/household member.
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Federal Gun Ban Law (18 U.S.C. Sec. 922(g)(8)): Prohibits firearm possession by individuals with restraining orders or a misdemeanor domestic violence conviction. Sworn personnel with such convictions cannot possess personally owned or department-issued firearms.
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Injunction/Restraining Order: A court order prohibiting specific actions or behaviors by a person.
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Victim: Includes children, family members, spouse (current or former), those related by blood or marriage, people cohabitating, and those in dating relationships.
Procedures for Firearms Use
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Surrender of Firearms: Employees with a domestic violence injunction/restraining order must surrender firearms to the nearest police department. MDCR-issued firearms must be surrendered to the Training Bureau.
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Administrative Restrictions: Employees served with a domestic violence injunction are subject to administrative restricted duty, limiting work assignments and prohibiting overtime.
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Domestic Violence Conviction: Sworn employees convicted of a qualifying misdemeanor/felony domestic violence crime are prohibited from possessing firearms (personal or department issued) on or off-duty.
Notification Process
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Sworn Employee Responsibilities: Sworn employees must notify their Facility/Bureau Supervisor within 24 hours of any domestic violence arrest, charge, conviction, or restraining order.
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Supervisor Responsibilities: Supervisors must provide verbal notification, document notification, and forward the document to Security and Internal Affairs Bureau (SIAB).
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LMU (Labor Management Unit) Responsibilities: LMU supervisors must complete restricted duty documentation, maintain records, and track employee cases, prepare a recommendation memorandum for the Director, for return to full duty.
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SIAB (Security and Internal Affairs Bureau) Responsibilities: SIAB provides notification to LMU supervisors, and forwards employee notification documents.
Remedial Measures
- Assessment: The affected employee may be mandated to undergo assessments by Miami-Dade County Employee Support Services (ESS). This includes Mental Health and Medical Services.
- Firearms Qualification Card: Confiscation and new stamping of the employee's Firearms Qualification Card is mandated.
- Additional Trainings: The employee may be required to complete an annual firearm qualification course if not qualified within the past 90 days from serving the restraining order/injunction.
- Firearm Issuance: Firearm issuance is limited to the assigned facility/bureau, if applicable.
Discipline
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Non-Prosecution and Discipline: Non-prosecution of charges doesn't negate disciplinary action if there is disregard for MDCR rules. Successful completion of batterer's intervention programs may mitigate discipline.
- Personnel Management Bureau (PMB) is responsible for maintaining employee files related to domestic violence.
- Mental Health and Medical Services Unit (MHMSU) maintains records for requests for assistance regarding domestic violence.
Additional Information
- Mental Health Assistance: Employees can contact MDCR MHMSU or Miami-Dade County ESS for assistance.
- Victim/24-Hour Assistance: Miami Dade County has a 24-hour website for victims of domestic violence.
- Cross References: Lists related DSOPs (e.g., Employee Counseling, Drug Free Workplace, Firearms, Victim Notification, etc.)
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Description
Test your knowledge on domestic violence laws, definitions, and procedures in the workplace. This quiz covers topics such as victim qualifications, restraining orders, and the consequences of domestic violence incidents for employees. Prepare to deepen your understanding of critical issues surrounding domestic violence.