Domestic Violence Awareness Quiz

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Questions and Answers

Which of the following constitutes domestic violence?

  • Stalking a coworker
  • Assault on a neighbor
  • Theft from a friend
  • Battery against a family member (correct)

What does the Federal Gun Ban Law prohibit?

  • Purchasing a firearm with a felony conviction
  • Possession of a firearm by someone subject to a restraining order (correct)
  • Transporting firearms across state lines
  • Carrying a firearm in a public place

Who qualifies as a victim under the definition provided?

  • Persons in dating relationships and those related by blood (correct)
  • Only children under the age of 18
  • Only former spouses
  • Only current spouses

What must be scheduled appropriately by supervisors following a domestic violence incident?

<p>Employee shifts for affected personnel (C)</p> Signup and view all the answers

What does a restraining order mandate?

<p>A person to refrain from committing specific acts (C)</p> Signup and view all the answers

What is the consequence for sworn personnel with a domestic violence misdemeanor?

<p>They cannot possess a personally owned firearm (A)</p> Signup and view all the answers

What happens to employees arrested for domestic violence related incidents?

<p>They are immediately relieved of duty. (D)</p> Signup and view all the answers

What is defined as a 'Batterer' in the context of domestic violence?

<p>An individual allegedly perpetrating or convicted of domestic violence. (D)</p> Signup and view all the answers

What types of crimes could result in a domestic violence charge?

<p>Aggravated assault and false imprisonment (C)</p> Signup and view all the answers

Which of the following is not included in the definition of domestic violence offenses?

<p>Robbery (D)</p> Signup and view all the answers

What occurs if an employee is indicted by a grand jury?

<p>They are automatically suspended. (A)</p> Signup and view all the answers

Which section of the Code mandates automatic suspension for indicted employees?

<p>Section 2-42(22) (B)</p> Signup and view all the answers

What must occur immediately following a domestic violence arrest or charge for employees?

<p>They are relieved of duty without delay. (D)</p> Signup and view all the answers

What role does the Facility/Bureau Supervisor have in the notification process?

<p>They oversee employee notifications pertaining to incidents. (A)</p> Signup and view all the answers

What document supersedes the policy from February 14, 2000?

<p>DSOP 6-047 (C)</p> Signup and view all the answers

Which aspect of the Miami-Dade Corrections and Rehabilitation Department is NOT directly addressed?

<p>Legal advice for arrested employees. (D)</p> Signup and view all the answers

What is required before a reasonable suspicion toxicology test can be conducted for an employee with a domestic violence injunction?

<p>A reasonable suspicion (A)</p> Signup and view all the answers

Who needs to prepare the Employee Notification memorandum upon receiving notification about an employee's domestic violence situation?

<p>The Facility/Bureau Supervisor or higher authority (D)</p> Signup and view all the answers

What action must the Labor Management Unit Supervisor take following notification of a domestic violence incident involving a sworn employee?

<p>Complete the Restricted Duty memorandum (A)</p> Signup and view all the answers

What must happen to the employee after a domestic violence arrest notification is received?

<p>They are placed on restricted duty for no less than 30 days (A)</p> Signup and view all the answers

What should the SIAB do upon receiving notification of a domestic violence incident involving a sworn employee?

<p>Provide oral and written notification (B)</p> Signup and view all the answers

What document must be maintained in the employee’s LMU file following a domestic violence incident?

<p>The Domestic Violence Arrest/Charge Checklist (B)</p> Signup and view all the answers

What is NOT a responsibility of the Labor Management Unit Supervisor upon notification of a domestic violence situation?

<p>Preparing a statement for the press (D)</p> Signup and view all the answers

What type of employee is affected by the policies outlined for domestic violence incidents?

<p>Sworn employees (A)</p> Signup and view all the answers

What will happen to a sworn employee who cannot meet the job requirements due to restrictions from a domestic violence injunction?

<p>They will undergo administrative review regarding their employment status. (C)</p> Signup and view all the answers

According to Florida law, what is prohibited for a sworn staff member who is under a domestic violence injunction?

<p>Having control over any firearm or ammunition. (B)</p> Signup and view all the answers

What action must a sworn employee take after filing for a domestic violence injunction?

<p>Notify the Facility/Bureau Supervisor within 24 hours. (D)</p> Signup and view all the answers

Which statement is true about a sworn employee possessing a firearm while under a domestic violence injunction?

<p>They may possess a firearm only during official duties if authorized. (C)</p> Signup and view all the answers

What are the potential consequences for failing to comply with the notification process after an arrest related to domestic violence?

<p>Disciplinary action, including termination. (C)</p> Signup and view all the answers

What does FS 790.233(3) allow for sworn employees with an active certification?

<p>Authority to possess firearms only for official duties when on-duty. (A)</p> Signup and view all the answers

When is a sworn employee's prohibitions from a domestic violence injunction no longer in effect?

<p>When the injunction is lifted. (D)</p> Signup and view all the answers

Which responsibility falls upon a sworn employee concerning domestic violence allegations?

<p>Report the incident to a designated supervisor. (D)</p> Signup and view all the answers

How often should the affected sworn employee’s case be monitored?

<p>Every 30 days (A)</p> Signup and view all the answers

What is one of the responsibilities of the Intake and Release Bureau (IRB) regarding alleged victims?

<p>Attempt to notify the alleged victim within 4 hours of an offender's release (B)</p> Signup and view all the answers

Which measure may be implemented before a sworn employee is allowed to return to full-duty after a permanent injunction?

<p>Assessment by Miami-Dade County Employee Support Services (B)</p> Signup and view all the answers

What document must be prepared for the Director’s review regarding an employee's return to full duty?

<p>Recommendation memorandum (A)</p> Signup and view all the answers

What action should be taken if an injunction is made permanent for a sworn employee?

<p>Confiscate their MDCR Firearms Qualification Card (A)</p> Signup and view all the answers

When should the LMU monitor domestic violence cases of employees?

<p>Throughout the judicial process (A)</p> Signup and view all the answers

What should documentation maintained by the employee include after assessment by the ESS or MHMSU?

<p>Recommendations made by ESS or MHMSU (D)</p> Signup and view all the answers

What is the purpose of issuing a new MDCR Firearms Qualification Card marked 'ON-DUTY USE ONLY D/V'?

<p>To restrict firearm use related to domestic violence cases (A)</p> Signup and view all the answers

What must an employee do if served with an injunction that requires them to surrender firearms?

<p>Surrender firearms to the nearest police department. (B)</p> Signup and view all the answers

What document must the Training Bureau complete when an employee surrenders an MDCR issued firearm?

<p>Firearm and Ammunition Relinquishment memorandum. (C)</p> Signup and view all the answers

If an employee is authorized to carry a firearm during work hours, who is responsible for maintaining a sign in/out log?

<p>The Facility/Bureau Supervisor. (C)</p> Signup and view all the answers

What happens to staff served with a temporary injunction regarding their work status?

<p>They may be placed on administrative restricted duty. (C)</p> Signup and view all the answers

Under the Federal Domestic Violence Offender Gun Ban, who is prohibited from possessing a firearm?

<p>A sworn employee convicted of a qualifying misdemeanor crime of domestic violence. (B)</p> Signup and view all the answers

What must an employee do after surrendering their MDCR issued weapon?

<p>Provide proof of surrender to the courts if required. (D)</p> Signup and view all the answers

What is the requirement for employees if they possess both a personal firearm and an issued firearm after a domestic violence injunction?

<p>They must surrender both the personal and issued firearm. (B)</p> Signup and view all the answers

What is a possible consequence for a sworn staff member convicted of a felony crime of domestic violence?

<p>They are prohibited from possessing any firearms or ammunition. (A)</p> Signup and view all the answers

Flashcards

MDCR Domestic Violence Policy

The policy of Miami-Dade Corrections and Rehabilitation Department (MDCR) is to immediately suspend any employee who is arrested for domestic violence.

Batterer

An individual accused or convicted of committing domestic violence.

Injunction/Restraining Order

A legal document that orders a person to stop committing a certain action, like contacting another person.

Federal Gun Ban Law

A law that bans people who have committed domestic violence or are under a domestic violence restraining order from possessing firearms.

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Domestic Violence

Any crime where a family or household member harms another family or household member - including assault, battery, sexual assault, kidnapping, etc.

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Victim

Any person who is the target of domestic violence, including children, spouses, ex-spouses, and people in dating relationships.

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Prohibition of Firearms for Sworn Personnel

The legal consequence for a sworn employee convicted of a domestic violence misdemeanor or felony, which includes the restriction of owning or possessing a firearm.

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MDCR Adherence to Laws

The MDCR follows federal and state laws regarding firearm restrictions and penalties.

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Firearms Use Procedures

A procedure for firearm use by MDCR employees after an arrest or a restraining order related to domestic violence.

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Protection Order

A legal document that orders someone to stop certain actions, like possessing firearms, to protect a victim of domestic violence.

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Temporary Injunction

A temporary court order that includes restrictions on firearm possession and other potential actions.

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Surrender of Firearms

The act of handing over firearms and ammunition to the authorities as required by a protection order.

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Firearms Stipulation

The specific part of a protection order that addresses the surrender of any firearms and ammunition.

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Firearms and Ammunition Relinquishment Memorandum

A formal written document that confirms the surrender of firearms and ammunition.

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Federal Domestic Violence Offender Gun Ban

A federal law that bans individuals convicted of domestic violence from owning or possessing firearms.

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Qualifying Misdemeanor Crime of Domestic Violence

A specific type of domestic violence offense that prohibits a person convicted of it from possessing firearms.

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Domestic Violence Injunction/Restraining Order Impact on Firearms

A legal document that prohibits a person from owning, possessing, or controlling firearms and ammunition after a domestic violence injunction is issued.

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Notification Requirement for Domestic Violence Injunction

MDCR sworn personnel who are subject to a domestic violence injunction must notify their supervisor within 24 hours.

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Firearm Authorization for On-Duty Employees

A sworn MDCR employee facing a domestic violence injunction can still possess a firearm while on duty with the Director's authorization.

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Reporting Domestic Violence Incidents

The MDCR requires employees to report any domestic violence arrest or related charges.

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MDCR Policy on Domestic Violence Arrests

The MDCR policy aims to prevent employees who have been involved in domestic violence from fulfilling the duties of a correctional officer, which includes carrying firearms.

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Consequences of Violating Domestic Violence Policy

A sworn employee who violates the MDCR's domestic violence policy may face disciplinary actions, including termination.

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Florida Statute 741.30

The MDCR's policy cites Florida Statute 741.30, which deals with domestic violence and firearms restrictions.

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Florida Statute 790.233(3)

The MDCR's policy cites Florida Statute 790.233(3) for guidance on law enforcement officers possessing firearms despite domestic violence restrictions.

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MDCR Return to Duty Process for Sworn Employee

When an employee accused of domestic violence has a permanent injunction issued against them, this process outlines steps for the employee to return to active duty.

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MDCR Domestic Violence Case Tracking

The MDCR employs a detailed system for tracking domestic violence cases involving sworn employees, ensuring that the process aligns with legal requirements.

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LMU Monitoring and Intervention

This program involves monitoring and intervening when a sworn employee has been arrested for domestic violence, ensuring compliance with the law.

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LMU Recommendation for Return to Duty

The LMU provides recommendations to the Director to bring employees back to active duty, considering various factors related to the case and potential risks.

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MDCR Mental Health and Medical Services Unit (MHMSU)

This unit within the MDCR conducts psychological assessments and provides recommendations on how employees can return to a safe and productive work environment after a domestic violence incident.

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Firearm Restriction for Sworn Employees

The Training Bureau ensures that a sworn employee who poses a potential risk due to domestic violence cannot access their standard firearms.

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Victim Notification Procedure

MDCR follows a specific procedure to notify potential victims of domestic violence when an offender is released from custody.

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MDCR Domestic Violence Policy for Injunctions

MDCR requires any employee facing a domestic violence injunction/restraining order to undergo toxicology testing and/or fitness for duty physical, as per DSOP 6-031 and 6-041.

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Supervisor's Duty Upon Domestic Violence Incident

Upon receiving notification of a sworn employee’s arrest, charge, conviction, or injunction/restraining order related to domestic violence, the Facility/Bureau supervisor or higher authority needs to inform Security and Internal Affairs Bureau (SIAB).

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SIAB's Role in Domestic Violence Notifications

SIAB, after being notified of a sworn employee’s domestic violence issue, is responsible for notifying the Labor Management Unit (LMU) Supervisor and forwarding the employee’s written notification and memorandum.

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LMU's Responsibility for Restricted Duty

The primary action for LMU when a sworn employee is involved in a domestic violence incident is to place them on restricted duty for a minimum of 30 days while ensuring a Domestic Violence Arrest/Charge, Conviction or Injunction/Restraining Order Checklist is completed.

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LMU's Documentation and Notification

The LMU must provide the Director with a copy of the employee’s written notification and ensure that the Domestic Violence Arrest/Charge, Conviction or Injunction/Restraining Order Checklist is completed and kept within the employee’s LMU file.

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Restricted Duty: Domestic Violence

An employee involved in domestic violence is placed on restricted duty for a minimum of 30 days, meaning they are not allowed to perform their regular duties or carry firearms during this period.

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Domestic Violence Checklist for LMU File

A sworn employee affected by a domestic violence incident must have a Domestic Violence Arrest/Charge, Conviction or Injunction/Restraining Order Checklist filled out and kept in their LMU file as a record.

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MDCR's Procedure for Domestic Violence Incidents

MDCR, under DSOP 6-047, outlines a clear and thorough procedure for handling domestic violence incidents involving sworn employees. This ensures safety and accountability within the agency.

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Study Notes

Miami-Dade Corrections and Rehabilitation Department - Domestic Violence Arrests and Complaints (DSOP 6-047)

  • 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.

  • 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.
  • 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.

  • Injunction/Restraining Order: A court order prohibiting specific actions or behaviors by a person.

  • 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

  • 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.

  • Administrative Restrictions: Employees served with a domestic violence injunction are subject to administrative restricted duty, limiting work assignments and prohibiting overtime.

  • 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

  • Sworn Employee Responsibilities: Sworn employees must notify their Facility/Bureau Supervisor within 24 hours of any domestic violence arrest, charge, conviction, or restraining order.

  • Supervisor Responsibilities: Supervisors must provide verbal notification, document notification, and forward the document to Security and Internal Affairs Bureau (SIAB).

  • 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.

  • 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

  • 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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