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

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

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

MECOMMental Competency Database

Firearm Purchase Program

Florida Court Clerks & ComptrollersNew Clerk Academy

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

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)

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. 744.331(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. 790.065(2)(a)(4), s.744.331, s. 916.12, s. 916.13, s. 916.15

““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; ormental illness; or

voluntary admission to a mental institution.

Related statutes include, but are not limited to, s. 790.065(2)(a)(4), s. 394.463, s. 394.4655, s. 394.467, s. 397.6818, s. 397.6957

MECOM - Statistics

Historic '07 '08 '09 '10 '11 '12 '13 thru Aug

52,780

15,343 14,039 12,956 13,622 14,463 12,436 8,082

MECOM Submissions

Non-Historical Submissions 90,941

Historical Submissions 52,780

All statistics as of August 31, 2013

Individuals in NICS: 101,724

Records in MECOM: 143,721

Current Submission Methods

Faxing / Emailing Records to FDLE (28)

Entering Records into MECOM and Faxing / Emailing Records to FDLE (7)

Entering Records into MECOM (32)

San

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Ok

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Wal

ton

Esc

amb

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Holmes

Wash-ington

Bay

Jackson

Cal-houn

Gulf

Liberty

Franklin

Wakulla

GadsdenLeon

Jeff

erso

n

Wakulla

Madison

Taylor

Hamilton

Manatee

Desoto

HardeeHighlands

Okee-chobee St.

Lucie

Flagler

MarionLevy

Volusia

Seminole

Hendry

Collier

Lee

Dade

Broward

Palm Beach

Monroe

Sarasota

Charlotte Glades

Martin

Pin

ellas

Hills-borough

Orange

Polk

Osceola

Brevard

IndianRiver

Pasco

Citrus Lake

Su

mte

r

HernandoOrange

Nassau

Duval

DixieGil-christ

Alachua St.

Jo

hn

s

Putnam

La-fayette

Co

lum

bia

Baker

Suwanee

ClayUnion

Brad-

ford

Seminole

MECOM - HistoricalNICS Act Record Improvement Program

(NARIP) of 2012

Funding to obtain and enter, into MECOM, disqualifying mental health adjudications and commitments from 2002 - 2007.

Options for Clerks in submitting historical records

Use federal funds

Use current staff without federal funding

FDLE on-site access

Historical Submission Methods

San

ta R

osa

Ok

alo

osa

Wal

ton

Esc

amb

ia

Holmes

Wash-ington

Bay

Jackson

Cal-houn

Gulf

Liberty

Franklin

Wakulla

GadsdenLeon

Jeff

erso

n

Wakulla

Madison

Taylor

Hamilton

Manatee

Desoto

HardeeHighlands

Okee-chobee St.

Lucie

Flagler

MarionLevy

Volusia

Seminole

Hendry

Collier

Lee

Dade

Broward

Palm Beach

Monroe

Sarasota

Charlotte Glades

Martin

Pin

ellas

Hills-borough

Orange

Polk

Osceola

Brevard

IndianRiver

Pasco

Citrus Lake

Su

mte

r

HernandoOrange

Nassau

Duval

DixieGil-christ

Alachua St.

Jo

hn

s

Putnam

La-fayette

Co

lum

bia

Baker

Suwanee

ClayUnion

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 AccessSeminole

Pending Submission Method

HB 1355HB 1355 (2013-249 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”

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.

MECOM / HB 1355The Add Court Action entry screen in MECOM has already been modified to

include s. 790.065(2)(a)(4), F.S., which was amended by HB 1355.

MECOM Submission ProcessMECOM 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.

MECOM Submission ProcessIf 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.

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.

Challenges

Training

Clerk Resources

Discontinued Use

Awareness

Strategies

Baseline Data

Intensified Training

CCIS

Partnering with FACC

Contacts

Senior Management Analyst SupervisorRobin Sparkman

Operations and Management Consultant ManagerChristopher Eaton

[email protected]

(850) 410-8139

Firearm Purchase ProgramMECOM