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Mental Competency Database Firearm Purchase Program

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Presentation on theme: "Mental Competency Database Firearm Purchase Program"— Presentation transcript:

1 Mental Competency Database Firearm Purchase Program
MECOM Mental Competency Database Firearm Purchase Program Florida Court Clerks & Comptrollers New Clerk Academy

2 Background Checks Firearm Purchase Program (FPP)
Background checks are used to identify persons who are ineligible to purchase firearms under federal and state law, and to prevent them from obtaining firearms. Firearm Purchase Program (FPP) Brady Handgun Violence Prevention Act of 1993 The Firearm Purchase Program became operational in 1991 and is authorized by Section , Florida Statutes. The Brady Handgun Violence Prevention Act (Brady Act) requires all federal firearm licensees to conduct criminal background checks before selling or transferring a firearm to a non-licensed individual. The Brady Act mandated the creation of the National Instant Background Check System (NICS) to determine eligibility to sell/transfer firearms. There are many disqualifiers for the purchase of a firearm other than adjudicated mentally defective and committed to a mental institution. Some include, but are not limited to, felony convictions, dishonorable discharge from the U.S. Armed Forces, convictions based on domestic violence and subjects of domestic violence protection orders. National Instant Background Check System (NICS)

3 Mental Competency Database (MECOM)
Federal and state law prohibits the sale or transfer of firearms to any person adjudicated as mentally defective or committed to a mental institution. Mental Competency Database (MECOM) Established in February 2007, MECOM is an automated database used to receive and store information from the Clerks of Court pertaining to persons adjudicated mentally defective or committed to a mental institution by a court order or a judicial finding of incapacity. Established by (2)(a)(4), Florida Statutes, and implemented in 2007. Clerks of Court are mandated to submit such records within one month of adjudication or commitment. A comprehensive MECOM Frequently Asked Questions document will be available within the next month. Information is shared with the FBI NICS and other specified agencies for the purpose of determining firearm sale or transfer eligibility.

4 “ “ Mentally Defective a danger to him/herself or others; or
…a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition or disease is… a danger to him/herself or others; or lacks the mental capacity to manage his/her own affairs; or a judicial finding of incapacity under s (6)(a) {guardianship}; or Related Florida Statutes include, but are not limited to, s (2)(a)(4) MECOM database and prohibitions for firearm purchases as it relates to adjudications of mental defective and commitments to a mental institution. s Procedures to determine incapacity. s Defendant’s mental competence to proceed. s Involuntary commitment of defendant adjudicated incompetent. s Involuntary commitment of defendant adjudicated not guilty by reason of insanity. an acquittal by reason of insanity; or is not competent to stand trial. Related statutes include, but are not limited to, s (2)(a)(4), s , s , s , s

5 “ “ Committed to a Mental Institution mental defectiveness; or
…means involuntary commitment, for…. mental defectiveness; or mental illness; or commitment for substance abuse …but does not include a person in a mental institution for observation; or Related Florida Statutes include, but are not limited to, s (2)(a)(4) MECOM database and prohibitions for firearm purchases as it relates to adjudications of mentally defective and commitments to a mental institution. s Involuntary examination. s Involuntary outpatient placement. s Involuntary inpatient placement. s Involuntary assessment and stabilization [substance abuse]. s Involuntary treatment [substance abuse]. voluntary admission to a mental institution. Related statutes include, but are not limited to, s (2)(a)(4), s , s , s , s , s

6 All statistics as of August 31, 2013
MECOM - Statistics Records in MECOM: 143,721 Individuals in NICS: 101,724 All statistics as of August 31, 2013

7 Current Submission Methods
Santa Rosa Okaloosa Walton Escambia Holmes Wash- ington Bay Jackson Cal- houn Gulf Liberty Franklin Wakulla Gadsden Leon Jefferson Madison Taylor Hamilton Manatee Desoto Hardee High lands Okee- chobee St. Lucie Flagler Marion Levy Volusia Seminole Hendry Collier Lee Dade Broward Palm Beach Monroe Sarasota Charlotte Glades Martin Pinellas Hills- borough Orange Polk Osceola Brevard Indian River Pasco Citrus Lake Sumter Hernando Nassau Duval Dixie Gil- christ Alachua St. Johns Putnam La- fayette Columbia Baker Suwanee Clay Union Brad- ford Entering Records into MECOM (32) Entering Records into MECOM and Faxing / ing Records to FDLE (7) Faxing / ing Records to FDLE (28)

8 MECOM - Historical NICS Act Record Improvement Program (NARIP) of 2012
Funding to obtain and enter, into MECOM, disqualifying mental health adjudications and commitments from Options for Clerks in submitting historical records Use federal funds In part, NARIP provided a grant for federal funding to assist states in providing qualified mental health records for inclusion into NICS. The grant focused on obtaining those records from However, entry of all disqualifying mental health records is strongly encouraged to improve the records available to NICS and prevent disqualified persons from obtaining firearms. The grant also provided funds for improvements to MECOM. Clerks can opt to use federal funds to hire staff or provide overtime pay for current staff. By allowing FDLE on-site access, FDLE staff will review and enter disqualifying records into MECOM. Use current staff without federal funding FDLE on-site access

9 Historical Submission Methods
Santa Rosa Okaloosa Walton Escambia Holmes Wash- ington Bay Jackson Cal- houn Gulf Liberty Franklin Wakulla Gadsden Leon Jefferson Madison Taylor Hamilton Manatee Desoto Hardee High lands Okee- chobee St. Lucie Flagler Marion Levy Volusia Seminole Hendry Collier Lee Dade Broward Palm Beach Monroe Sarasota Charlotte Glades Martin Pinellas borough Hills- Orange Polk Osceola Brevard Indian River Pasco Citrus Lake Sumter Hernando Nassau Duval Dixie Gil- christ Alachua St. Johns Putnam La- fayette Columbia Baker Suwanee Clay Union Brad- ford FDLE On-Site Access Seminole Use of Federal Funds for Staffing Use of Staff Without Federal Funds – FDLE Entry Use of Staff Without Federal Funds Pending Submission Method

10 “Relating to Purchase of Firearms by Mentally Ill Persons”
HB 1355 HB ( Laws of Florida) “Relating to Purchase of Firearms by Mentally Ill Persons” Involuntary examination Examining physician’s finding the subject “is an imminent danger to [self] or others.” Written notice of implications and informed consent [as defined by law] before agreeing to voluntary treatment Subject agrees to voluntary treatment Admission to a mental institution or treatment facility; the administrator must file records with the Clerk of the Court within 24 hours The Clerk of Court must present records to a judge or magistrate within 24 hours Upon review and approval, the judge or magistrate must order the record be submitted to FDLE The Clerk of Court is responsible for submitting the record to FDLE within 24 hours An implementation plan for HB 1355 will be developed jointly between FDLE, FACC, DCF, OSCA, Clerks of Courts and judges.

11 HB 1355 Workgroup Workgroup members include stakeholders from mental healthcare associations, Clerks of the Court, examining physicians and staff from evaluation and treatment facilities, members of the Judiciary, DCF and FDLE. First meeting held at FDLE on August 28, 2013 Defined the applicability of those individuals impacted by new law Will develop formal communication plan to all stakeholders Will develop sample forms and guidelines for use by examining physicians and Clerks of the Court offices Will develop training webinars for judges and magistrates, receiving facilities and psychiatrists and Clerks of the Court Will identify potential glitch issues in the current law after discussing with stakeholders Next meeting scheduled for September 23, 2013 at FDLE An implementation plan for HB 1355 will be developed jointly between FDLE, FACC, DCF, OSCA, Clerks of Courts and judges.

12 MECOM / HB 1355 The Add Court Action entry screen in MECOM has already been modified to include s (2)(a)(4), F.S., which was amended by HB 1355.

13 MECOM Submission Process
MECOM is accessed through the CJNet in the Judicial Links section. New users must complete the MECOM Access Form on the log-in screen. From the MECOM main page, click “Person Search.” Enter the subject’s information. The subject’s first and last name are the only required fields to perform a search.

14 MECOM Submission Process
If the search returns the same subject as your record, click on his/her name. One of the enhancements to MECOM was the improved drop down lists for the Add Court Action entry page. From the Summary screen, click on “Add Court Action” to continue entering the record. On the Add Court Action screen, complete entering the court action information, providing as much as available.

15 MECOM Submission Process
If the Person Search resulted in no candidates, click “Add New Person” to enter the record. From the Add Person Record screen, enter the subject’s information. It is important to note the record will not be saved until a court action is entered. On the Add Court Action screen, complete entering the court action information, providing as much as available.

16 Challenges Training Clerk Resources Discontinued Use Awareness

17 Strategies Baseline Data Intensified Training CCIS
Partnering with FACC

18 Contacts MECOM Firearm Purchase Program (850) 410-8139
Senior Management Analyst Supervisor Robin Sparkman Operations and Management Consultant Manager Christopher Eaton (850)


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