Podcast
Questions and Answers
What is the primary action taken by MDCR against an employee arrested for domestic violence?
What is the primary action taken by MDCR against an employee arrested for domestic violence?
- The employee is immediately relieved of duty. (correct)
- The employee is placed on administrative leave with pay.
- The employee is given a verbal warning.
- The employee is transferred to a different unit.
According to MDCR policy, what triggers an automatic suspension of an employee?
According to MDCR policy, what triggers an automatic suspension of an employee?
- A temporary restraining order filed against the employee.
- A verbal complaint of domestic violence.
- An indictment by a grand jury or information filed against the employee by a prosecuting official. (correct)
- The employee admitting to a domestic violence incident.
What is the definition of a 'batterer' according to this document?
What is the definition of a 'batterer' according to this document?
- A person who is accused of or found guilty of domestic violence. (correct)
- A victim of domestic violence.
- A person who investigates domestic violence incidents.
- A person who files a complaint of domestic violence.
What Miami-Dade County Code section is referenced in relation to automatic suspension of employees?
What Miami-Dade County Code section is referenced in relation to automatic suspension of employees?
Which document supplements this policy regarding employee counseling and discipline procedures?
Which document supplements this policy regarding employee counseling and discipline procedures?
The document specifies that an employee is relieved of duty immediately after:
The document specifies that an employee is relieved of duty immediately after:
What is the effective date of this specific policy document?
What is the effective date of this specific policy document?
What does the policy document NOT discuss regarding domestic violence?
What does the policy document NOT discuss regarding domestic violence?
What action should an employee take if a domestic violence injunction requires them to surrender firearms?
What action should an employee take if a domestic violence injunction requires them to surrender firearms?
If an employee possesses a department-issued firearm and is subject to a domestic violence injunction, who should they contact to surrender their weapon?
If an employee possesses a department-issued firearm and is subject to a domestic violence injunction, who should they contact to surrender their weapon?
What type of testing might MDCR require for employees with domestic violence injunctions or restraining orders?
What type of testing might MDCR require for employees with domestic violence injunctions or restraining orders?
What documentation is provided to an employee who surrenders their department-issued firearm due to an injunction?
What documentation is provided to an employee who surrenders their department-issued firearm due to an injunction?
Under what condition is a certified officer permitted to carry a firearm during work hours, despite a temporary domestic violence injunction?
Under what condition is a certified officer permitted to carry a firearm during work hours, despite a temporary domestic violence injunction?
Who is responsible for providing initial verbal notification when a sworn employee is involved in domestic violence?
Who is responsible for providing initial verbal notification when a sworn employee is involved in domestic violence?
To whom does the Facility/Bureau Supervisor forward the Employee Notification memorandum?
To whom does the Facility/Bureau Supervisor forward the Employee Notification memorandum?
What safety measure is required by the Facility/Bureau Supervisor if an employee is allowed to carry a firearm during work hours due to a temporary domestic violence injunction?
What safety measure is required by the Facility/Bureau Supervisor if an employee is allowed to carry a firearm during work hours due to a temporary domestic violence injunction?
What is a potential consequence for an employee who is served with a temporary domestic violence injunction?
What is a potential consequence for an employee who is served with a temporary domestic violence injunction?
What is the Security and Internal Affairs Bureau's next action after receiving a notification about a domestic violence incident?
What is the Security and Internal Affairs Bureau's next action after receiving a notification about a domestic violence incident?
According to federal law, what is prohibited for a sworn employee convicted of a qualifying misdemeanor crime of domestic violence?
According to federal law, what is prohibited for a sworn employee convicted of a qualifying misdemeanor crime of domestic violence?
Which unit is responsible for placing the affected employee on restricted duty?
Which unit is responsible for placing the affected employee on restricted duty?
How long is the minimum period a sworn employee is placed on restricted duty after being involved in domestic violence?
How long is the minimum period a sworn employee is placed on restricted duty after being involved in domestic violence?
What is the restriction placed on sworn staff members convicted of a qualifying misdemeanor or felony crime of domestic violence regarding firearms?
What is the restriction placed on sworn staff members convicted of a qualifying misdemeanor or felony crime of domestic violence regarding firearms?
What document must the Labor Management Unit complete and maintain in the employee’s file??
What document must the Labor Management Unit complete and maintain in the employee’s file??
Who receives a copy of the employee's written notification from the Labor Management Unit?
Who receives a copy of the employee's written notification from the Labor Management Unit?
According to the provided text, what is the Federal Gun Ban Law 18 U.S.C. Sec. 922 (g)(8) related to?
According to the provided text, what is the Federal Gun Ban Law 18 U.S.C. Sec. 922 (g)(8) related to?
What does an injunction/restraining order, as defined in the text, aim to do?
What does an injunction/restraining order, as defined in the text, aim to do?
How often should cases of affected sworn employees be monitored until the completion of court proceedings?
How often should cases of affected sworn employees be monitored until the completion of court proceedings?
Which entity assists the LMU in monitoring domestic violence cases?
Which entity assists the LMU in monitoring domestic violence cases?
Which of the following is NOT included in the text's definition of a 'victim' in the context of domestic violence?
Which of the following is NOT included in the text's definition of a 'victim' in the context of domestic violence?
According to the provided document, what should Shift Supervisors/Commanders be aware of in relation to the Federal Gun Ban Law?
According to the provided document, what should Shift Supervisors/Commanders be aware of in relation to the Federal Gun Ban Law?
What is the timeframe to notify the alleged victim after an offender's release from custody?
What is the timeframe to notify the alleged victim after an offender's release from custody?
Where are records of an employee's participation in a program other than a batterers intervention program kept?
Where are records of an employee's participation in a program other than a batterers intervention program kept?
What happens if a sworn personnel is convicted of a domestic violence misdemeanor or felony under Miami-Dade County policy?
What happens if a sworn personnel is convicted of a domestic violence misdemeanor or felony under Miami-Dade County policy?
Who may implement remedial measures regarding an employee with a permanent restraining order?
Who may implement remedial measures regarding an employee with a permanent restraining order?
What is Miami-Dade County's stance on domestic violence among its employees?
What is Miami-Dade County's stance on domestic violence among its employees?
What is one of the first steps the Director may mandate to an employee with a permanent restraining order?
What is one of the first steps the Director may mandate to an employee with a permanent restraining order?
Which of these actions is NOT explicitly categorized as domestic violence, according to the initial definition provided in the text?
Which of these actions is NOT explicitly categorized as domestic violence, according to the initial definition provided in the text?
Which entity can employees contact for mental health assistance or guidance?
Which entity can employees contact for mental health assistance or guidance?
If a sworn employee of the Miami-Dade Corrections and Rehabilitation Department is arrested for domestic violence or receives a restraining order, what policy is the department required to follow?
If a sworn employee of the Miami-Dade Corrections and Rehabilitation Department is arrested for domestic violence or receives a restraining order, what policy is the department required to follow?
What action may the Training Bureau take regarding a sworn employee's firearms qualification card after a Domestic Violence incident?
What action may the Training Bureau take regarding a sworn employee's firearms qualification card after a Domestic Violence incident?
What is the main purpose of the procedures outlined in the document regarding firearm use after a domestic violence arrest or when a restraining order is issued against sworn personnel?
What is the main purpose of the procedures outlined in the document regarding firearm use after a domestic violence arrest or when a restraining order is issued against sworn personnel?
What type of services do the agencies listed on the Miami-Dade County domestic violence website provide?
What type of services do the agencies listed on the Miami-Dade County domestic violence website provide?
What is the purpose of the LMU monitoring domestic violence cases with assistance from the SIAB?
What is the purpose of the LMU monitoring domestic violence cases with assistance from the SIAB?
Which of the following is NOT a cross-referenced document in the provided material?
Which of the following is NOT a cross-referenced document in the provided material?
What is required from a sworn employee concerning recommendations made by ESS or MHMSU?
What is required from a sworn employee concerning recommendations made by ESS or MHMSU?
Flashcards
Batterer
Batterer
The individual accused or convicted of committing domestic violence.
MDCR's Policy on Domestic Violence
MDCR's Policy on Domestic Violence
A formal policy statement that dictates the MDCR's actions when employees are involved in domestic violence incidents.
Domestic Violence Arrest and Complaint Procedures
Domestic Violence Arrest and Complaint Procedures
The process for dealing with employees involved in domestic violence incidents, including disciplinary action and mental health assistance.
Immediate Relief of Duty
Immediate Relief of Duty
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Employee Counseling and Discipline Procedures (DSOP 6-013)
Employee Counseling and Discipline Procedures (DSOP 6-013)
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Mental Health Assistance
Mental Health Assistance
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Victim Agencies 24-hour Assistance
Victim Agencies 24-hour Assistance
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Cross References and Related References
Cross References and Related References
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Domestic Violence
Domestic Violence
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Federal Gun Ban Law (18 U.S.C. Sec. 922 (g)(8))
Federal Gun Ban Law (18 U.S.C. Sec. 922 (g)(8))
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Injunction/Restraining Order
Injunction/Restraining Order
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Victim
Victim
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MDCR Adherence to Gun Laws
MDCR Adherence to Gun Laws
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Firearm Possession Restriction for Sworn Personnel
Firearm Possession Restriction for Sworn Personnel
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Shift Scheduling for Affected Employees
Shift Scheduling for Affected Employees
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Firearms Use Procedures
Firearms Use Procedures
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Injunction for Protection Against Domestic Violence
Injunction for Protection Against Domestic Violence
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Temporary Injunction
Temporary Injunction
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Employee Responsibilities regarding Injunctions
Employee Responsibilities regarding Injunctions
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Surrendering Firearms to Police
Surrendering Firearms to Police
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Surrendering MDCR Issued Firearms
Surrendering MDCR Issued Firearms
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Firearm Sign-In/Out Log
Firearm Sign-In/Out Log
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Federal Domestic Violence Offender Gun Ban
Federal Domestic Violence Offender Gun Ban
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Firearm Possession for Domestic Violence Convictions
Firearm Possession for Domestic Violence Convictions
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What might MDCR require for employees with domestic violence injunctions?
What might MDCR require for employees with domestic violence injunctions?
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Who's responsible for notifying SIAB about domestic violence incidents involving employees?
Who's responsible for notifying SIAB about domestic violence incidents involving employees?
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After receiving notification from the supervisor about an employee's domestic violence incident, what does SIAB do?
After receiving notification from the supervisor about an employee's domestic violence incident, what does SIAB do?
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What happens to an employee involved in domestic violence after initial notification?
What happens to an employee involved in domestic violence after initial notification?
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What documents need to be completed following a notification of employee domestic violence?
What documents need to be completed following a notification of employee domestic violence?
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Who receives a copy of the employee's notification about a domestic violence incident?
Who receives a copy of the employee's notification about a domestic violence incident?
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What are the established protocols when a sworn employee is involved in domestic violence?
What are the established protocols when a sworn employee is involved in domestic violence?
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What is a key aspect of MDCR's approach to handling domestic violence incidents involving employees?
What is a key aspect of MDCR's approach to handling domestic violence incidents involving employees?
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Who can employees contact for mental health assistance?
Who can employees contact for mental health assistance?
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How can individuals access 24-hour assistance for domestic violence victims?
How can individuals access 24-hour assistance for domestic violence victims?
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What is the MDCR's stance on domestic violence among employees?
What is the MDCR's stance on domestic violence among employees?
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What happens when an employee is arrested for domestic violence?
What happens when an employee is arrested for domestic violence?
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What happens to employee medical records regarding recommended treatment programs?
What happens to employee medical records regarding recommended treatment programs?
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What happens to an employee after a domestic violence incident?
What happens to an employee after a domestic violence incident?
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Who evaluates employees involved in domestic violence cases?
Who evaluates employees involved in domestic violence cases?
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What happens to an employee's firearm qualifications after a domestic violence incident?
What happens to an employee's firearm qualifications after a domestic violence incident?
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How often is an employee's case reviewed after a domestic violence incident?
How often is an employee's case reviewed after a domestic violence incident?
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What does MDCR do to ensure compliance with federal gun laws?
What does MDCR do to ensure compliance with federal gun laws?
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How long does it take to attempt notification to the victim of domestic violence?
How long does it take to attempt notification to the victim of domestic violence?
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What document is used to decide the employee's return to full duty?
What document is used to decide the employee's return to full duty?
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What is the main focus of MDCR's policy on domestic violence?
What is the main focus of MDCR's policy on domestic violence?
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Study Notes
Miami-Dade Corrections and Rehabilitation Department - Domestic Violence Arrests and Complaints (DSOP 6-047)
- Policy: Employees arrested for domestic violence-related incidents are immediately relieved of duty. Indicted employees or those with formal complaints are automatically suspended, per Miami-Dade County code and departmental procedures.
Definitions
- Batterer: Individual who committed or was convicted of domestic violence.
- Domestic Violence: Assault, battery, sexual assault, stalking, kidnapping, false imprisonment or any crime resulting in injury or death committed against a family member.
- Federal Gun Ban Law (18 U.S.C. Sec. 922(g)(8)): Prohibits firearm possession by individuals subject to restraining orders or with prior misdemeanor domestic violence convictions.
Procedures
- Use of Firearms: MDCR adheres to federal and state laws regarding firearms in domestic violence cases.
- Surrender of Firearms: Employees served with a domestic violence injunction must surrender firearms to the nearest police department or to the Training Bureau (depending on the injunction). This surrender is documented.
- Domestic Violence Conviction: Employees with convictions for qualifying domestic violence misdemeanors or felonies are prohibited from possessing firearms.
- Domestic Violence Injunction/Restraining Order: Employees served with an injunction must adhere to the order's stipulations concerning firearms.
Notification Process
- Sworn Employee Responsibilities: Sworn employees must notify their supervisor within 24 hours of an arrest, charge, conviction, or injunction/restraining order.
- Supervisor Responsibilities: Supervisors must inform Security and Internal Affairs Bureau (SIAB), and Labor Management Unit (LMU) in relation to the arrest. Supervisor also needs to issue notification to the affected employee.
- SIAB Responsibilities: SIAB must notify the appropriate authorities. Notification/memorandum should be sent to LMU Supervisor.
- LMU Responsibilities: LMU must place the sworn employee on restricted duty for at least 30 days, complete paperwork/checklists, and monitor the employee's case.
Remedial Measures
- Assessment: Employees may be mandated to report to ESS for an assessment, if needed.
- Firearm Qualifications: Employees may be required to repeat firearm qualification courses or complete other mandated training related to domestic violence.
- Administrative Restrictions: Employees might be placed on administrative restricted duty or have their duty positions restricted pending further action.
Discipline
- Discipline might be imposed irrespective of pending charges.
- Employee files will be updated with documentation of incidents and procedures.
Victim Assistance
- Agencies and resources for domestic-violence victims are available. Specific websites are referenced.
References
- Numerous DSOPs: Various departmental Standard Operating Procedures (DSOPs) are referenced throughout. Specific numbers are given for DSOPs for employee counseling, employee fitness, firearms, drug-free workplaces, etc.
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