Miami-Dade Domestic Violence Policies 2013
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Questions and Answers

What type of programs may be recommended by the ESS other than batterers intervention programs?

  • Community service programs
  • Physical training programs
  • Legal counseling programs
  • Alcohol and/or drug treatment programs (correct)

Which entity provides a 24-hour assistance website for victims of domestic violence in Miami-Dade County?

  • Miami-Dade County Parks and Recreation
  • Miami-Dade County Health Department
  • Miami-Dade County Court
  • Miami-Dade County (correct)

What does the MDCR MHMSU refer to?

  • Miami-Dade County Medical and Rehabilitation Services Unit
  • Miami-Dade County Resource Mental Health Services Unit (correct)
  • Mental Health Medical Services Unit
  • Mental Health Assistance and Rehabilitation Services Unit

How are records of employees' participation in recommended programs treated?

<p>They are considered confidential and maintained in the employee's medical file (C)</p> Signup and view all the answers

Which type of behavior is explicitly stated as not condoned for employees?

<p>Domestic violence (A)</p> Signup and view all the answers

What is the policy regarding employees arrested for domestic violence incidents?

<p>They shall be immediately relieved of duty. (B)</p> Signup and view all the answers

What happens if an employee is indicted by a grand jury for a domestic violence-related incident?

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

In the context of domestic violence, who is considered a 'batterer'?

<p>The person who has been convicted of domestic violence. (D)</p> Signup and view all the answers

What document superseded the previous guidelines from February 14, 2000?

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

Who is responsible for notifying authorities of domestic violence incidents?

<p>Sworn employees and higher-level supervisors. (B)</p> Signup and view all the answers

Which section outlines the procedures for domestic violence-related incidents?

<p>III.PROCEDURES (C)</p> Signup and view all the answers

What type of assistance is available for victims of domestic violence?

<p>24-hour victim support services. (C)</p> Signup and view all the answers

What is a key component listed under the NOTIFICATION PROCESS section?

<p>Responsibilities of the Security and Internal Affairs Bureau. (A)</p> Signup and view all the answers

What types of offenses are included under domestic violence?

<p>Assault and stalking (A)</p> Signup and view all the answers

Who is prohibited from possessing a firearm under the Federal Gun Ban Law?

<p>Anyone subject to a restraining order (A)</p> Signup and view all the answers

What does an injunction or restraining order require from the person it is directed to?

<p>To refrain from certain actions (A)</p> Signup and view all the answers

Which groups are considered victims under the definition of domestic violence?

<p>Children and house members (B)</p> Signup and view all the answers

How must shift supervisors manage employees subject to firearm prohibitions due to domestic violence?

<p>By scheduling their shifts accordingly (D)</p> Signup and view all the answers

What does the law state about sworn personnel convicted of a domestic violence misdemeanor?

<p>They are prohibited from firearm possession (D)</p> Signup and view all the answers

Which of the following is a criterion for defining a victim of domestic violence?

<p>Being related by blood or marriage (B)</p> Signup and view all the answers

What must MDCR adhere to regarding firearm use upon domestic violence arrests?

<p>Federal and state laws concerning prohibited use (C)</p> Signup and view all the answers

What is the frequency for monitoring the affected sworn employee’s case?

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

Which action must be taken when an injunction/restraining order becomes permanent?

<p>Implement remedial measures before returning to full-duty (B)</p> Signup and view all the answers

What is the role of the Intake and Release Bureau (IRB) following an escape or release of an offender?

<p>To notify the alleged victim or designated contacts (B)</p> Signup and view all the answers

What documentation must the affected sworn employee maintain after assessment by Employee Support Services?

<p>Recommendations documentation (C)</p> Signup and view all the answers

What specific card must be confiscated by the Training Bureau from the affected sworn employee?

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

How long does the IRB have to notify the alleged victim or their contacts after the release of an offender?

<p>Within 4 hours (C)</p> Signup and view all the answers

Which of the following is a responsibility of the LMU regarding employees with domestic violence cases?

<p>Monitor cases throughout the judicial process (C)</p> Signup and view all the answers

When is a recommendation memorandum prepared regarding an employee's return to full-duty?

<p>When appropriate, based on circumstances (A)</p> Signup and view all the answers

What is the consequence for a sworn employee with a final judgment on an injunction/restraining order?

<p>They cannot fulfill the job requirements of a correctional officer. (A)</p> Signup and view all the answers

According to Florida Statute 741.30, what must a sworn staff member do when a final judgment on an injunction is issued?

<p>Have no firearms or ammunition in their possession. (C)</p> Signup and view all the answers

What is required of a sworn employee who files a domestic violence injunction?

<p>They must provide oral and written notification within 24 hours. (D)</p> Signup and view all the answers

What happens if a sworn employee fails to comply with the notification process after an arrest?

<p>They may face disciplinary action, including termination. (A)</p> Signup and view all the answers

When can a sworn employee receive or possess an authorized firearm after an injunction?

<p>While performing official duties and only when on-duty. (B)</p> Signup and view all the answers

Which of the following statements is true regarding the firearm possession of sworn employees?

<p>They are prohibited from holding firearms while off-duty if an injunction is in place. (D)</p> Signup and view all the answers

What aspect of firearm possession changes for sworn employees under arrest for domestic violence?

<p>They may require special approval to possess firearms. (C)</p> Signup and view all the answers

What type of disciplinary action can a sworn employee face for not reporting a domestic violence injunction?

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

What must an employee do when served with a temporary injunction that requires surrendering firearms?

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

What documentation is provided to an employee upon surrendering an MDCR issued firearm?

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

Who ensures the creation of a sign in/out log for employees authorized to carry firearms during work hours?

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

What restrictions may staff served with a temporary injunction face?

<p>Subject to being placed on administrative restricted duty (D)</p> Signup and view all the answers

Under which law are sworn employees prohibited from possessing firearms if convicted of domestic violence?

<p>The Federal Domestic Violence Offender Gun Ban (C)</p> Signup and view all the answers

Which of the following individuals is NOT allowed to possess a firearm according to the guidelines?

<p>A sworn staff member with domestic violence misdemeanor conviction (C)</p> Signup and view all the answers

What should an employee do if they possess an MDCR issued firearm?

<p>Contact Training Bureau to arrange for its surrender (B)</p> Signup and view all the answers

What is one consequence for a sworn staff member convicted of domestic violence?

<p>They cannot possess any firearms on-duty or off-duty (A)</p> Signup and view all the answers

Flashcards

Domestic Violence Arrestee

An employee of the Miami-Dade Corrections and Rehabilitation Department (MDCR) who is arrested for a domestic violence related incident.

MDCR Domestic Violence Policy

A policy requiring immediate suspension of MDCR employees arrested for domestic violence.

Batterer

The person accused of committing domestic violence.

Indicted Employee

This refers to MDCR employees who are formally charged with a crime by a grand jury or prosecutor, after a domestic violence arrest.

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Notification Process

This describes the process outlined for communicating information about domestic violence arrests, charges, convictions, and injunctions within MDCR.

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Automatic Suspension

This refers to the suspension of an MDCR employee based on formal charges or indictment in a domestic violence case.

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Section 2-42(22)

This refers to the section in the Miami-Dade County Code that mandates the automatic suspension of employees facing criminal charges.

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DSOP 6-047

This policy describes the procedures for handling domestic violence arrests and complaints involving MDCR employees.

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Domestic Violence

Any act of violence by one family or household member against another, including assault, battery, sexual assault, stalking, kidnapping, and false imprisonment. This includes incidents resulting in physical injury or death.

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Federal Gun Ban Law (18 U.S.C. Sec. 922(g)(8))

A federal law that prevents individuals subject to restraining orders, or with prior domestic violence misdemeanor convictions, from possessing firearms.

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Injunction/Restraining Order

A legal order that prohibits a person from committing specific actions, often related to domestic violence, and can include restrictions on contacting or approaching a victim.

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Victim

Individuals who have experienced domestic violence, including children, family or household members, spouses, former spouses, those residing together, individuals with a child in common, and those in dating relationships.

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MDCR Firearms Policy

The Miami-Dade Corrections and Rehabilitation Department (MDCR) adheres to federal and state laws regarding firearms possession after a domestic violence arrest, charge, conviction, or injunction.

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Domestic Violence Misdemeanor / Felony Conviction & Firearms Ownership

This law restricts the possession of firearms by sworn personnel convicted of domestic violence misdemeanors or felonies. It affects MDCR employees and their ability to possess firearms.

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Procedures for Firearms Use (Domestic Violence)

This policy outlines procedures for firearm use by MDCR sworn employees after a domestic violence arrest or injunction.

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Domestic Violence Restraining Orders & Firearms Ownership

This law restricts the possession of firearms by sworn personnel who have domestic violence restraining orders issued against them.

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Injunction for Protection Against Domestic Violence

A legal order that prevents someone from possessing firearms due to a domestic violence incident.

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Federal Domestic Violence Offender Gun Ban

A sworn employee who has been convicted of a qualifying misdemeanor crime of domestic violence is prohibited from possessing a firearm.

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Surrender of Firearms to Nearest Police Department

A sworn employee subject to a domestic violence injunction must surrender any firearms in their possession to the nearest police department.

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Surrender of MDCR Issued Firearms

A sworn employee with a MDCR issued firearm must contact the Training Bureau to surrender their weapon when served with a domestic violence injunction.

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Surrender of Firearm by Certified Officer

If a sworn employee is authorized to carry a firearm during work hours, they must surrender it at the end of their shift when a domestic violence injunction is in place.

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Administrative Restricted Duty

A sworn employee under a domestic violence injunction may be placed on administrative restricted duty, limiting their work assignments.

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Qualifying Misdemeanor Crime of Domestic Violence

A qualifying misdemeanor crime of domestic violence that makes an employee ineligible to possess a firearm.

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Qualifying Misdemeanor or Felony Crime of Domestic Violence

These crimes prohibit a sworn employee from possessing a firearm, both departmental and personal, on or off duty.

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MDCR Firearms Restriction for Sworn Employees

A sworn employee in Miami-Dade Corrections and Rehabilitation Department (MDCR) cannot possess firearms or ammunition if they have a final injunction/restraining order issued against them.

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Off-Duty Firearms Restriction

A sworn MDCR employee with a final injunction/restraining order cannot possess firearms or ammunition even when off duty.

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Director's Authorization for Firearms

The Director or designee can authorize a sworn MDCR employee with an active certification to possess firearms or ammunition in an on-duty capacity, despite a final injunction/restraining order.

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Notification Process for Domestic Violence Cases

Sworn MDCR employees are required to notify their supervisor within 24 hours if they are arrested, charged, convicted, or served an injunction/restraining order related to domestic violence.

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Consequences of Non-Compliance

Failing to comply with the notification process for domestic violence incidents can lead to disciplinary action, including termination.

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Notification Requirement for Restraining Orders

Sworn MDCR employees who have filed a domestic violence injunction/restraining order against someone or have one filed against them must notify their supervisor within 24 hours.

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Administrative Review for Employment

A sworn MDCR employee's ability to continue working in a sworn position is subject to administrative review if they cannot fulfill the job requirements due to firearms restrictions.

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Termination of Employment

A sworn MDCR employee who cannot possess firearms due to a restraining order may be subject to administrative review and possible termination.

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Confidentiality of Treatment Records

If an employee is recommended for treatment programs other than batterers intervention programs, like alcohol/drug or mental health treatment, these records are kept confidential in the employee's medical file.

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Miami-Dade County Domestic Violence Victim Assistance Website

A website providing 24-hour assistance, information, treatment, and counseling for victims of domestic violence in Miami-Dade County.

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Automatic Suspension for Domestic Violence Arrests

A policy requiring immediate suspension of MDCR employees arrested for domestic violence, following the Miami-Dade County Code Section 2-42(22).

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DSOP 6-047: Domestic Violence Policy

This policy outlines procedures for handling domestic violence arrests and complaints involving MDCR employees.

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Firearms Restrictions for MDCR Employees After Domestic Violence

MDCR employees must follow federal and state laws regarding firearms possession after a domestic violence arrest, charge, conviction, or injunction.

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LMU (Law Management Unit)

A department within MDCR responsible for initiating and monitoring investigations involving domestic violence complaints against MDCR employees.

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ESS or MHMSU Assessment

A mandated review and assessment process conducted by qualified professionals to determine an employee's suitability to return to active duty following a domestic violence incident.

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Full-duty Suspension

A temporary status assigned to an MDCR employee accused of domestic violence, barring them from performing active duties.

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Return to Full-duty Recommendation

A formal recommendation made by the LMU, suggesting whether a suspended MDCR employee should be allowed to return to full active duty.

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Federal Gun Ban Law (18 U.S.C. Sec. 922)

A legal protocol that restricts individuals convicted of certain crimes, including domestic violence, from owning or possessing a firearm.

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Intake and Release Bureau (IRB)

A designated department within MDCR responsible for communicating critical information about the release of an offender, including domestic violence perpetrators, to potential victims or designated contacts.

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Study Notes

Miami-Dade Corrections and Rehabilitation Department Domestic Violence Arrests and Complaints (2013)

  • Policy: Employees arrested for domestic violence-related incidents are immediately relieved of duty. Those indicted or with accusations filed are automatically suspended, following Miami-Dade County code and departmental procedures.
  • Definitions:
    • Batterer: The person who committed the act of domestic violence.
    • Domestic Violence: Includes assault, battery, sexual assault, stalking, kidnapping, false imprisonment, and other criminal offenses causing injury/death by a family member.
    • Federal Gun Ban Law: Prohibits firearm possession by individuals with domestic violence restraining orders or prior misdemeanor convictions.
    • Injunction/Restraining Order: A legal order preventing a person from committing a criminal offense/certain actions.
    • Victim: Includes children, family members, spouses (past and present), those living together, and persons in dating relationships (current or past).
  • Procedures (Use of Firearms):
    • Surrender of Firearms: If an injunction/restraining order requires it, firearms and ammunition must be surrendered to local law enforcement.
    • MDCR-Issued Firearms: MDCR-issued firearms must be surrendered to Training Bureau staff.
    • Administrative Restriction: Employees served with injunctions may be placed on administrative restricted duty, limiting work assignments.
  • Domestic Violence Conviction:
    • Firearm Restriction: Employees convicted of domestic violence misdemeanors or felonies forfeit their right to possess firearms, either privately or from MDCR.
  • Notification Process:
    • Sworn Employee Responsibility: Sworn employees must notify their supervisor within 24 hours of arrest, charge, conviction, or receiving an injunction.
    • Supervisor Responsibility: Supervisors must provide verbal notification, prepare a written notification memorandum, and send it to Security and Internal Affairs Bureau.
    • Labor Management Unit (LMU) Responsibility: The LMU reviews cases, completes forms, and monitors employees on restricted duty.
    • Security and Internal Affairs Bureau (SIAB): Provides oral and written notification to the Labor Management Unit (LMU) upon employee notification.
  • Remedial Measures: Possible actions include mandatory assessments by Miami-Dade Employee Support Services, firearm confiscation and issuing a red-stamped “ON-DUTY USE ONLY D/V” firearms qualification card, training courses, and potential termination.
  • Discipline: Discipline procedures will be implemented for violations of domestic violence injunctions/restraining orders. Non-prosecution does not negate disciplinary action. Successful completion of batterer's intervention programs may mitigate sanctions.
  • Mental Health Assistance: Employees can access mental health services through designated programs.
  • Victim Agencies: Miami-Dade County offers assistance to victims of domestic violence.
  • Cross References: Lists of related departmental standards.

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Related Documents

Miami-Dade Corrections Domestic Violence Arrests and Complaints 2013 PDF

Description

This quiz covers the policies regarding domestic violence arrests and complaints as set by the Miami-Dade Corrections and Rehabilitation Department in 2013. It includes definitions of key terms such as batterer, victim, and domestic violence, as well as policies on employee conduct following such incidents. Test your knowledge of these crucial legal frameworks and their implications.

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