Miami-Dade Domestic Violence Policies

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Questions and Answers

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?

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?

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?

Section 2-42(22) (A) Signup and view all the answers

Which document supplements this policy regarding employee counseling and discipline procedures?

DSOP 6-013 (D) Signup and view all the answers

The document specifies that an employee is relieved of duty immediately after:

Being arrested for a domestic violence incident. (A) Signup and view all the answers

What is the effective date of this specific policy document?

February 25, 2013 (B) Signup and view all the answers

What does the policy document NOT discuss regarding domestic violence?

Specific legal thresholds for convictions (D) Signup and view all the answers

What action should an employee take if a domestic violence injunction requires them to surrender firearms?

Surrender firearms to the nearest police department to his/her home upon being served with the temporary injunction. (C) Signup and view all the answers

If an employee possesses a department-issued firearm and is subject to a domestic violence injunction, who should they contact to surrender their weapon?

The Training Bureau. (A) Signup and view all the answers

What type of testing might MDCR require for employees with domestic violence injunctions or restraining orders?

A reasonable suspicion toxicology test and/or fitness for duty physical. (B) Signup and view all the answers

What documentation is provided to an employee who surrenders their department-issued firearm due to an injunction?

A Firearm and Ammunition Relinquishment memorandum. (D) Signup and view all the answers

Under what condition is a certified officer permitted to carry a firearm during work hours, despite a temporary domestic violence injunction?

If the temporary injunction specifically authorizes it and the officer is a certified officer as defined by Florida Statute 943.10. (A) Signup and view all the answers

Who is responsible for providing initial verbal notification when a sworn employee is involved in domestic violence?

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

To whom does the Facility/Bureau Supervisor forward the Employee Notification memorandum?

The Security and Internal Affairs Bureau. (C) Signup and view all the answers

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?

A sign in/out log is to be generated to document the surrendering of his/her weapon at the end of their shift. (C) Signup and view all the answers

What is a potential consequence for an employee who is served with a temporary domestic violence injunction?

Administrative restricted duty with limitations on posts and overtime. (C) Signup and view all the answers

What is the Security and Internal Affairs Bureau's next action after receiving a notification about a domestic violence incident?

Provide oral and written notification and forward the Employee Notification to the Labor Management Unit. (A) Signup and view all the answers

According to federal law, what is prohibited for a sworn employee convicted of a qualifying misdemeanor crime of domestic violence?

Possessing a firearm or ammunition both on-duty and off-duty. (C) Signup and view all the answers

Which unit is responsible for placing the affected employee on restricted duty?

The Labor Management Unit. (D) Signup and view all the answers

How long is the minimum period a sworn employee is placed on restricted duty after being involved in domestic violence?

30 days (C) Signup and view all the answers

What is the restriction placed on sworn staff members convicted of a qualifying misdemeanor or felony crime of domestic violence regarding firearms?

They are unauthorized to possess any firearm or ammunition, whether departmental or personal. (A) Signup and view all the answers

What document must the Labor Management Unit complete and maintain in the employee’s file??

The Domestic Violence Arrest/Charge, Conviction or Injunction/Restraining Order Checklist. (B) Signup and view all the answers

Who receives a copy of the employee's written notification from the Labor Management Unit?

The Director (D) Signup and view all the answers

According to the provided text, what is the Federal Gun Ban Law 18 U.S.C. Sec. 922 (g)(8) related to?

It prohibits the possession of a firearm by individuals subject to a restraining order and those with prior misdemeanor convictions for domestic violence. (B) Signup and view all the answers

What does an injunction/restraining order, as defined in the text, aim to do?

It mandates a person to do or refrain from doing a specific act, with judicial authority. (D) Signup and view all the answers

How often should cases of affected sworn employees be monitored until the completion of court proceedings?

At 30-day intervals (C) Signup and view all the answers

Which entity assists the LMU in monitoring domestic violence cases?

Special Investigations and Audit Bureau (SIAB) (A) Signup and view all the answers

Which of the following is NOT included in the text's definition of a 'victim' in the context of domestic violence?

A person with whom the offender had a casual encounter. (C) Signup and view all the answers

According to the provided document, what should Shift Supervisors/Commanders be aware of in relation to the Federal Gun Ban Law?

They must be cognizant of employees affected by the law and schedule their shifts accordingly. (D) Signup and view all the answers

What is the timeframe to notify the alleged victim after an offender's release from custody?

Within 4 hours (D) Signup and view all the answers

Where are records of an employee's participation in a program other than a batterers intervention program kept?

In the employee's medical file. (A) Signup and view all the answers

What happens if a sworn personnel is convicted of a domestic violence misdemeanor or felony under Miami-Dade County policy?

They are not allowed to possess either personally owned or county issued firearms and ammunition. (D) Signup and view all the answers

Who may implement remedial measures regarding an employee with a permanent restraining order?

The Director (D) Signup and view all the answers

What is Miami-Dade County's stance on domestic violence among its employees?

It is not condoned for any employee. (A) Signup and view all the answers

What is one of the first steps the Director may mandate to an employee with a permanent restraining order?

An assessment by ESS or MHMSU (D) Signup and view all the answers

Which of these actions is NOT explicitly categorized as domestic violence, according to the initial definition provided in the text?

Harassment (C) Signup and view all the answers

Which entity can employees contact for mental health assistance or guidance?

The MDCR MHMSU or Miami-Dade County ESS. (A) Signup and view all the answers

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?

The department must adhere to federal and state laws regarding the prohibited use and/or possession of firearms. (A) Signup and view all the answers

What action may the Training Bureau take regarding a sworn employee's firearms qualification card after a Domestic Violence incident?

Confiscate the card and issue a new card labeled 'ON-DUTY USE ONLY D/V' (C) Signup and view all the answers

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?

To restrict firearm use and possession based on legal restrictions due to domestic violence involving a sworn employee. (B) Signup and view all the answers

What type of services do the agencies listed on the Miami-Dade County domestic violence website provide?

Information, comprehensive treatment, and counseling for victims. (D) Signup and view all the answers

What is the purpose of the LMU monitoring domestic violence cases with assistance from the SIAB?

To ensure appropriate administrative action is taken in accordance with the Federal Gun Ban Law. (B) Signup and view all the answers

Which of the following is NOT a cross-referenced document in the provided material?

DSOP 18-002 'Employee Code of Conduct'. (D) Signup and view all the answers

What is required from a sworn employee concerning recommendations made by ESS or MHMSU?

The employee shall complete and comply with recommendations and maintain documentation. (B) Signup and view all the answers

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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Description

Explore the policies and procedures related to domestic violence incidents as outlined by the Miami-Dade Corrections and Rehabilitation Department. This quiz includes definitions, employee responsibilities, and the implications of federal laws concerning firearm possession in domestic violence cases.