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

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Presentation on theme: "Mental Competency Database Firearm Purchase Program Florida Court Clerks & Comptrollers New Clerk Academy."— Presentation transcript:

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

2 Firearm Purchase Program (FPP) Brady Handgun Violence Prevention Act of 1993 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. National Instant Background Check System (NICS) Background Checks

3 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. Information is shared with the FBI NICS and other specified agencies for the purpose of determining firearm sale or transfer eligibility. 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)

4 Mentally Defective “ “ …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 a judicial finding of incapacity under s (6)(a) {guardianship}; or lacks the mental capacity to manage his/her own affairs; or is not competent to stand trial. an acquittal by reason of insanity; or Related statutes include, but are not limited to, s (2)(a)(4), s , s , s , s

5 “ “ Committed to a Mental Institution …means involuntary commitment, for…. …but does not include a person in a commitment for substance abuse mental institution for observation; or mental defectiveness; or mental illness; or voluntary admission to a mental institution. Related statutes include, but are not limited to, s (2)(a)(4), s , s , s , s , s

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

7 Current Submission Methods Faxing / ing Records to FDLE (28) Entering Records into MECOM and Faxing / ing Records to FDLE (7) Entering Records into MECOM (32) Santa Rosa Okaloosa Walton Escambia Holmes Wash- ington Bay Jackson Cal- houn Gulf Liberty Franklin Wakulla Gadsden Leon Jefferson Wakulla 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 Orange Nassau Duval Dixie Gil- christ Alachua St. Johns Putnam La- fayette Columbia Baker Suwanee Clay Union Brad- ford Seminole

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 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 Wakulla 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 Orange Nassau Duval Dixie Gil- christ Alachua St. Johns Putnam La- fayette Columbia Baker Suwanee Clay Union Brad- ford Use of Staff Without Federal Funds – FDLE Entry Use of Staff Without Federal Funds Use of Federal Funds for Staffing FDLE On-Site Access Seminole Pending Submission Method

10 HB 1355 HB 1355 ( Laws of Florida) 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 “Relating to Purchase of Firearms by Mentally Ill Persons”

11 HB 1355 Workgroup 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 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.

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. 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. New users must complete the MECOM Access Form on the log-in screen.

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

15 If the Person Search resulted in no candidates, click “Add New Person” to enter the record. MECOM Submission Process 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 Senior Management Analyst Supervisor Robin Sparkman Operations and Management Consultant Manager Christopher Eaton (850) Firearm Purchase Program MECOM


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