Miami-Dade Corrections Domestic Violence Arrests and Complaints 2013 PDF

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-047 YEAR: 2013 VERSION: 1 SUBJECT: DOMESTIC VIOLENCE ARRESTS AND COMPLAINTS EFFECTIVE DATE: February 25, 2013 SUPERSEDES: Februar...

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-047 YEAR: 2013 VERSION: 1 SUBJECT: DOMESTIC VIOLENCE ARRESTS AND COMPLAINTS EFFECTIVE DATE: February 25, 2013 SUPERSEDES: February 14, 2000 MODIFICATIONS: All Pages TABLE OF CONTENTS I. POLICY II. DEFINITIONS III. PROCEDURES A. Use of Firearms B. Domestic Violence Conviction C. Domestic Violence Injunction/Restraining Order IV. NOTIFICATION PROCESS FOR DOMESTIC VIOLENCE ARREST, CHARGE, CONVICTION AND INJUCTION/RESTRAINING ORDER A Sworn Employee Responsibilities B. Facility/Bureau Supervisor or Higher Level of Authority Responsibilities C. Security and Internal Affairs Bureau Responsibilities D. Labor Management Unit Responsibilities E. Security and Internal Affairs Bureau Responsibilities F. Intake and Release Bureau Responsibilities V. REMEDIAL MEASURES VI. DISCIPLINE VII. MENTAL HEALTH ASSISTANCE VIII. VICTIM AGENCIES 24-HOUR ASSISTANCE IX. CROSS REFERENCES X. RELATED REFERENCES XI. ACCREDITATION STANDARDS XII. REVOCATIONS I. POLICY It is the policy of Miami-Dade Corrections and Rehabilitation Department (MDCR) to ensure that employees who are arrested, as a result of a domestic violence related incident, shall be immediately relieved of duty. Employees who are indicted by any grand jury or have information filed against him/her by any prosecuting official shall be automatically suspended in accordance with Section 2-42(22), Code of Miami-Dade County, Florida, and Departmental Standard Operating Procedure (DSOP) 6-013 "Employee Counseling and Discipline Procedures.” Page 1 of 8 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-047 YEAR: 2013 VERSION: 1 SUBJECT: DOMESTIC VIOLENCE ARRESTS AND COMPLAINTS II. DEFINITIONS Batterer The person or individual who allegedly perpetrated or who has been convicted of an act of domestic violence. 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 of one family or household member by another family or household member. Federal Gun Ban Law 18 U.S.C. Sec. 922 (g)(8) Law that prohibits the possession of a firearm by anyone subject to a restraining order. The law also prohibits the possession of a firearm by anyone with a previous misdemeanor conviction for a crime of domestic violence. Pursuant to the law, sworn personnel convicted of a domestic violence misdemeanor or felony shall not be allowed to be in possession of a personally owned or Miami-Dade County issued/approved firearm and ammunition. Shift Supervisors/Commanders shall be cognizant of those employees affected by this law and shall schedule their shifts accordingly. Injunction/Restraining Order A protective order that prohibits a person from committing a criminal offense and/or a judicial process or order requiring the person(s) to whom it is directed to do a particular act or to refrain from doing a particular act. Victim Includes children, family or household members, spouse or former spouse, persons related by blood or marriage, persons who are presently residing together as a family, persons who have a child in common regardless of whether they have been married or resided together at any time, and persons in dating relationships or formerly therein. III. PROCEDURES The following procedures for firearms use shall be adhered to upon the arrest of a sworn employee or the issuance of a domestic violence injunction/restraining order: Page 2 of 8 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-047 YEAR: 2013 VERSION: 1 SUBJECT: DOMESTIC VIOLENCE ARRESTS AND COMPLAINTS A. USE OF FIREARMS MDCR adheres to federal and state laws regarding the prohibited use and/or possession of firearms as a result of a domestic violence arrest, charge, conviction and injunction/restraining order. B. SURRENDER OF FIREARMS An injunction for protection against domestic violence normally contains information regarding firearms. Staff who have been served with an injunction/restraining order shall follow the directions ordered in the injunction/restraining order. 1. If the injunction stipulates that the employee (respondent) shall surrender any firearms and ammunition in their possession, they shall surrender it to the nearest police department to his/her home upon being served with the temporary injunction. 2. If the employee is in possession of a MDCR issued firearm, he/she shall contact the Training Bureau as soon as possible to surrender their MDCR issue weapon. Training Bureau staff shall complete a Firearm and Ammunition Relinquishment memorandum and provide it to the employee so that he/she may provide it to the courts to show proof of surrender, if required. 3. If the temporary injunction stipulates that the employee is authorized to carry a firearm during work hours due to being a certified officer, as defined in Florida Statute 943.10, the Facility/Bureau Supervisor shall ensure that a sign in/out log is generated for the applicable employee to document the surrendering of his/her weapon at the end of their shift. 4. Staff served with a temporary injunction are subject to being placed on administrative restricted duty, limiting the posts they may work and restricting them from working overtime. C. DOMESTIC VIOLENCE CONVICTION In accordance with the Federal Domestic Violence Offender Gun Ban, Title 18, United States Code, Section 922, a sworn employee who has been convicted of a qualifying misdemeanor crime of domestic violence is prohibited from possessing a firearm or ammunition. A sworn staff member convicted of a qualifying misdemeanor or felony crime of domestic violence shall not be authorized to possess a firearm (departmental or personal) or ammunition on-duty or off-duty. This restriction will prevent the sworn employee from fulfilling the job requirements of a correctional officer as specified in DSOP 11-009 “Firearms”; thereby subjecting the employee to administrative review regarding continued employment with MDCR in a sworn classification. Page 3 of 8 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-047 YEAR: 2013 VERSION: 1 SUBJECT: DOMESTIC VIOLENCE ARRESTS AND COMPLAINTS D. DOMESTIC VIOLENCE INJUNCTION/RESTRAINING ORDER In accordance with Florida Statute (FS) 741.30, “Marriage; Domestic Violence,” a sworn staff member will not have in his/her care, custody, possession or control any firearm or ammunition when a final judgment has been issued on an injunction/restraining order. However, pursuant to FS 790.233(3), “Weapons and Firearms,” the Director or designee may authorize a sworn employee holding an active certification to receive or possess an authorized firearm or ammunition for use only in the performance of his/her official duties while in an on-duty capacity. All prohibitions of the final injunction/restraining order shall remain in force when the sworn employee is off-duty. IV. NOTIFICATION PROCESS FOR DOMESTIC VIOLENCE ARREST, CHARGE, CONVICTION AND INJUNCTION/RESTRAINING ORDER The following notification processes shall be adhere to when a sworn employee is arrested, charged, convicted or served an injunction/restraining order as a result of a domestic violence case: A. SWORN EMPLOYEE RESPONSIBILITIES Sworn staff who have filed a domestic violence injunction/restraining order against any person or has an injunction/restraining order filed against him/her shall provide his/her Facility/Bureau Supervisor or higher level of authority with oral and written notification within 24 hours of the event or upon reporting to work for his/her assigned shift, whichever is sooner. Failure to comply with this notification process may result in disciplinary action, up to and including termination. Depending on the circumstances MDCR may require a reasonable suspicion toxicology test and/or fitness for duty physical in accordance with DSOP 6-031 “Drug Free Workplace” and DSOP 6-041 “Employee Fitness Policy and Procedure” for those employees who have domestic violence injunction/restraining order filed against them. B. FACILITY/BUREAU SUPERVISOR OR HIGHER LEVEL OF AUTHORITY RESPONSIBILITIES Upon receipt of notification that a sworn employee has been arrested, charged, convicted, or served an injunction/restraining order as result of domestic violence, the Facility/Bureau Supervisor or higher level of authority shall provide verbal notification, prepare an Employee Notification memorandum, and forward the memorandum and a copy of the employee’s written notification to the Security and Internal Affairs Bureau (SIAB). Page 4 of 8 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-047 YEAR: 2013 VERSION: 1 SUBJECT: DOMESTIC VIOLENCE ARRESTS AND COMPLAINTS C. SECURITY AND INTERNAL AFFAIRS BUREAU RESPONSIBILITIES Upon receipt of notification that a sworn employee has been arrested, charged, convicted, or served an injunction/restraining order as a result of domestic violence, the SIAB shall provide oral and written notification and forward the Employee Notification memorandum with a copy of the employee’s written notification to the Labor Management Unit (LMU) Supervisor. D. LABOR MANAGEMENT UNIT RESPONSIBILITIES Upon receipt of notification that a sworn employee has been arrested, charged, convicted, or served an injunction/restraining order as a result of domestic violence, the LMU Supervisor or designee will adhere to the following protocol: 1. Immediately complete the Restricted Duty memorandum and place the affected sworn employee on restricted duty for no less than 30 days; 2. Provide the Director a copy of the employee’s written notification; 3. Ensure the Domestic Violence Arrest/Charge, Conviction or Injunction/Restraining Order Checklist is completed and maintained in the employee’s LMU file; 4. Monitor the affected sworn employee’s case at 30-day intervals, until completion of court proceeding(s) and mandate(s); 5. Prepare a recommendation memorandum when appropriate, for the Director’s approval/disapproval to return employee to full-duty. The LMU through assistance from the SIAB shall monitor the domestic violence cases of employees who have been arrested, charged, convicted, or served an injunction/restraining order as a result of domestic violence throughout the judicial process to ensure that appropriate administrative action is taken in accordance with the Federal Gun Ban Law 18 U.S.C. Sec. 922. E. INTAKE AND RELEASE BUREAU RESPONSIBILITIES If a victim notification card is on file, a reasonable attempt will be made by the Intake and Release Bureau (IRB) to notify the alleged victim of domestic violence, appropriate next of kin of the alleged victim, or other designated contact within 4 hours following the escape or release of the offender (bond out, sentence expiration, etc.). Additional information regarding guidelines of victim notification that will be adhered to is provided in DSOP 19-003 “Victim Notification.” Page 5 of 8 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-047 YEAR: 2013 VERSION: 1 SUBJECT: DOMESTIC VIOLENCE ARRESTS AND COMPLAINTS V. REMEDIAL MEASURES The Director, upon receipt of written notification from the LMU that an injunction/restraining order is made permanent, may implement the following remedial measures prior to allowing a sworn employee to return to full-duty: A. Mandate the affected sworn employee to report for an assessment by Miami-Dade County Employee Support Services (ESS) or the MDCR Mental Health and Medical Services Unit (MHMSU). The employee shall complete and comply with the recommendations made by ESS or MHMSU and maintain documentation; B. Mandate that the Training Bureau, Practical Applications Unit, confiscate the affected sworn employee’s MDCR Firearms Qualification Card and issue a new stamped “ON-DUTY USE ONLY D/V” in red; C. Mandate that the affected sworn employee completes the Annual Firearm Qualification course, unless he/she has qualified within the previous 90 days from the date the injunction/restraining order was served; D. Mandate that the affected sworn employee only be issued a firearm at his/her assigned facility/bureau, if applicable. A sworn employee who violates any element of a domestic violence injunction/restraining order shall be subject to disciplinary action, up to and including termination. Refer to DSOP 18-001 “Arrest of Departmental Staff and Other Governmental Employees” for additional information regarding guidelines to be adhered to when a departmental employee has been arrested. VI. DISCIPLINE Non-prosecution of charges against an employee does not negate the imposition of disciplinary action. Where there is a clear display of wanton disregard for MDCR guidelines, rules, and/or procedures, disciplinary action may prevail. Successful completion of a batterer’s intervention program for first time offenders may be utilized to mitigate the degree of disciplinary sanctions being imposed. However, an employee who refuses to comply with or successfully complete the batterer’s intervention program may be disciplined in accordance with established MDCR rules and directives. The Personnel Management Bureau shall be responsible for maintaining the personnel files of employees who have been ordered by the Director to report to the ESS for domestic violence related offenses. The MHMSU shall be responsible for maintaining records of employees who request assistance for domestic violence related incidents. Information maintained in these files shall remain confidential and may include the following: Page 6 of 8 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-047 YEAR: 2013 VERSION: 1 SUBJECT: DOMESTIC VIOLENCE ARRESTS AND COMPLAINTS A. Employee name; B. Employee identification number; C. Circumstances surrounding the referral; D. The dates of ESS Section referral; E. The name of the intervention/victim advocate program; F. The location and participation date of the program; G. Whether the subject/victim completed the program. If the ESS recommends a program other than a batterers intervention program (such as alcohol and/or drug treatment or other mental health treatment), any records referencing these programs or the employee's medical condition shall be considered confidential and maintained in the employee's medical file. Domestic violence is not condoned behavior for any employee. VII. MENTAL HEALTH ASSISTANCE Employees seeking assistance, counseling, or guidance may contact the MDCR MHMSU or Miami-Dade County ESS. VIII. VICTIM AGENCIES 24-HOUR ASSISTANCE Miami-Dade County provides a 24-hour assistance website for victims of domestic violence. The agencies listed on the website provide information, comprehensive treatment, and counseling for victims. The victim’s agency website can be accessed at http://www.miamidade.gov/domesticviolence/. IX. CROSS REFERENCES DSOP 6-013 "Employee Counseling and Discipline Procedures” DSOP 6-031 “Drug Free Workplace” DSOP 6-041 “Employee Fitness Policy and Procedure” DSOP 11-009 “Firearms” DSOP 18-001 “Arrest of Departmental Employees and Other Governmental Employees” DSOP 19-003 “Victim Notification” Volume 2.5.000 “Rules-Off-Duty Activity” Page 7 of 8