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?

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

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

<p>DSOP 6-013 (D)</p> Signup and view all the answers

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

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

What is the effective date of this specific policy document?

<p>February 25, 2013 (B)</p> Signup and view all the answers

What does the policy document NOT discuss regarding domestic violence?

<p>Specific legal thresholds for convictions (D)</p> Signup and view all the answers

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

<p>Surrender firearms to the nearest police department to his/her home upon being served with the temporary injunction. (C)</p> 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?

<p>The Training Bureau. (A)</p> Signup and view all the answers

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

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

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

<p>A Firearm and Ammunition Relinquishment memorandum. (D)</p> 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?

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

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

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

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

<p>The Security and Internal Affairs Bureau. (C)</p> 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?

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

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

<p>Administrative restricted duty with limitations on posts and overtime. (C)</p> 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?

<p>Provide oral and written notification and forward the Employee Notification to the Labor Management Unit. (A)</p> 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?

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

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

<p>The Labor Management Unit. (D)</p> 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?

<p>30 days (C)</p> 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?

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

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

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

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

<p>The Director (D)</p> 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?

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

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

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

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

<p>At 30-day intervals (C)</p> Signup and view all the answers

Which entity assists the LMU in monitoring domestic violence cases?

<p>Special Investigations and Audit Bureau (SIAB) (A)</p> 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?

<p>A person with whom the offender had a casual encounter. (C)</p> 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?

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

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

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

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

<p>In the employee's medical file. (A)</p> 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?

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

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

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

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

<p>It is not condoned for any employee. (A)</p> 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?

<p>An assessment by ESS or MHMSU (D)</p> 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?

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

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

<p>The MDCR MHMSU or Miami-Dade County ESS. (A)</p> 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?

<p>The department must adhere to federal and state laws regarding the prohibited use and/or possession of firearms. (A)</p> 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?

<p>Confiscate the card and issue a new card labeled 'ON-DUTY USE ONLY D/V' (C)</p> 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?

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

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

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

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

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

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

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

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

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

Flashcards

Batterer

The individual accused or convicted of committing 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

The process for dealing with employees involved in domestic violence incidents, including disciplinary action and mental health assistance.

Immediate Relief of Duty

When an employee is arrested for domestic violence, MDCR policy dictates immediate removal from duty.

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Employee Counseling and Discipline Procedures (DSOP 6-013)

The disciplinary process for MDCR employees, including suspension and potential termination, is governed by this policy.

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Mental Health Assistance

MDCR employees involved in domestic violence incidents are offered mental health services.

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Victim Agencies 24-hour Assistance

MDCR offers resources and contacts for victims of domestic violence.

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Cross References and Related References

The policy includes references to other relevant regulations and procedures.

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Domestic Violence

Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death involving family or household members.

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

A law prohibiting firearm possession by individuals subject to restraining orders or with a previous misdemeanor conviction for domestic violence.

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Injunction/Restraining Order

A protective order preventing a person from committing criminal acts or legally requiring them to act or refrain from acting in a specific way.

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Victim

Individuals directly affected by domestic violence, including family members, spouses, partners, and even former partners.

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MDCR Adherence to Gun Laws

MDCR complies with federal and state laws regarding the use and possession of firearms by employees involved in domestic violence cases.

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Firearm Possession Restriction for Sworn Personnel

Sworn personnel convicted of domestic violence misdemeanors or felonies are prohibited from possessing firearms, both personal and those issued by MDCR.

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Shift Scheduling for Affected Employees

Shift supervisors and commanders must be aware of employees affected by the firearm restriction law and schedule their shifts accordingly.

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Firearms Use Procedures

These procedures ensure that firearms are used responsibly following domestic violence arrests or injunctions.

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Injunction for Protection Against Domestic Violence

A legal order that prevents someone from possessing firearms after a domestic violence accusation.

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Temporary Injunction

A temporary court order that restricts a person from certain actions, including possessing firearms.

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Employee Responsibilities regarding Injunctions

An injunction prohibiting a person from having firearms must be obeyed by staff members.

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Surrendering Firearms to Police

If an injunction forbids firearm possession, the employee surrenders them to the police.

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Surrendering MDCR Issued Firearms

If an employee has a MDCR issued firearm, they must surrender it to the Training Bureau.

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Firearm Sign-In/Out Log

When an employee is authorized to carry a firearm at work, a sign-in/out log is used to track usage.

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Federal Domestic Violence Offender Gun Ban

A federal law prohibiting domestic violence offenders from possessing firearms.

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Firearm Possession for Domestic Violence Convictions

An employee convicted of domestic violence cannot possess firearms, even on-duty or off-duty.

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What might MDCR require for employees with domestic violence injunctions?

A toxicology test and/or fitness for duty physical may be required for employees with domestic violence injunctions/restraining orders.

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Who's responsible for notifying SIAB about domestic violence incidents involving employees?

Upon receiving notification of a sworn employee's domestic violence arrest, charge, conviction, or injunction, the Facility/Bureau Supervisor or higher authority must notify SIAB.

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After receiving notification from the supervisor about an employee's domestic violence incident, what does SIAB do?

SIAB receives notification from the supervisor and forwards it to the Labor Management Unit (LMU) Supervisor.

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What happens to an employee involved in domestic violence after initial notification?

The LMU Supervisor is responsible for placing the affected employee on restricted duty for at least 30 days following a domestic violence incident.

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What documents need to be completed following a notification of employee domestic violence?

The LMU Supervisor completes a Restricted Duty memorandum and ensures the Domestic Violence Arrest/Charge, Conviction or Injunction/Restraining Order Checklist is filled out and kept in the employee's file.

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Who receives a copy of the employee's notification about a domestic violence incident?

The LMU Supervisor provides the Director a copy of the employee's written notification about a domestic violence incident.

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What are the established protocols when a sworn employee is involved in domestic violence?

Domestic violence arrests, charges, convictions, or injunctions against sworn employees require specific procedures and actions.

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What is a key aspect of MDCR's approach to handling domestic violence incidents involving employees?

MDCR's policies emphasize prompt action and proper documentation when dealing with domestic violence incidents involving sworn employees.

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Who can employees contact for mental health assistance?

Employees who experience domestic violence can get help from the Miami-Dade County ESS or the MDCR MHMSU. These agencies can connect employees with counseling, guidance, and support resources.

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How can individuals access 24-hour assistance for domestic violence victims?

The Miami-Dade County Domestic Violence website offers 24-hour access to vital information, treatment, and counseling services for victims of domestic violence.

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What is the MDCR's stance on domestic violence among employees?

The MDCR policy emphasizes that domestic violence is unacceptable behavior for all employees, and disciplinary action will be taken if an employee engages in this behavior.

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What happens when an employee is arrested for domestic violence?

The MDCR policy dictates that if an employee is arrested for domestic violence, they must immediately be removed from duty.

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What happens to employee medical records regarding recommended treatment programs?

If an employee is recommended for treatment programs such as alcohol or drug treatment or mental health services, their medical records are considered confidential and are kept in their medical file.

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What happens to an employee after a domestic violence incident?

An employee involved in a domestic violence incident must undergo an evaluation by a designated mental health professional.

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Who evaluates employees involved in domestic violence cases?

An employee involved in a domestic violence incident must be evaluated by Employee Support Services or the Mental Health and Medical Services Unit.

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What happens to an employee's firearm qualifications after a domestic violence incident?

MDCR confiscates the affected employee's firearm qualification card and issues a new one restricted to on-duty use only.

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How often is an employee's case reviewed after a domestic violence incident?

The department reviews the employee's case every month until the legal proceedings are complete.

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What does MDCR do to ensure compliance with federal gun laws?

The department monitors employees involved in domestic violence cases throughout the judicial process 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?

The department strives to contact the alleged victim within 4 hours of the offender escaping or release.

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What document is used to decide the employee's return to full duty?

A memorandum is prepared that details the employee's case and recommends whether they can return to full duty.

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What is the main focus of MDCR's policy on domestic violence?

The policy aims to help victims of domestic violence, including employees, by providing support and resources.

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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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