Florida Court Clerks & Comptrollers New Clerk Academy

Background Checks

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

National Instant Background Check System (NICS)

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.

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

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 lacks the mental capacity to manage his/her own affairs; or a judicial finding of incapacity under s. 744.331(6)(a) {guardianship}; or “ an acquittal by reason of insanity; or is not competent to stand trial.

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….

mental defectiveness; or mental illness; or commitment for substance abuse …but does not include a person in a mental institution for observation; 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

Records in MECOM: 143,721 Individuals in NICS: 101,724

MECOM Submissions

Non-Historical Submissions 90,941 Historical Submissions 52,780

52 780

Historic

15 343 14 039

'07 '08

12 956 13 622

'09 '10

14 463 12 436 8,082

'11 '12 '13 thru Aug All statistics as of August 31, 2013

Current Submission Methods

Holmes Wash ington Bay Jackson Gadsden Liberty Gulf Franklin Leon Entering Records into MECOM (32) Entering Records into MECOM and Faxing / Emailing Records to FDLE (7) Faxing / Emailing Records to FDLE (28) Hamilton Madison Taylor Baker Suwanee La fayette Dixie Gil christ Alachua Clay Duval Putnam Levy Marion Citrus Lake Seminole Hernando Pasco

Seminole

Polk Osceola Manatee Hardee Desoto Charlotte High lands Glades Indian River

Okee chobee

St. Lucie Martin Lee Hendry Palm Beach Broward Collier Monroe Dade

MECOM - Historical

NICS 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

FDLE On-Site Access Holmes Wash ington Bay Jackson Gadsden Liberty Gulf Franklin Leon Use of Federal Funds for Staffing Use of Staff Without Federal Funds Hamilton Madison Taylor Baker Suwanee La fayette Dixie Gil christ Alachua Clay Duval Putnam Levy Marion – FDLE Entry Citrus Lake Seminole Hernando Pasco

Seminole

Polk Osceola Manatee Hardee Desoto Charlotte High lands Glades Indian River

Okee chobee

St. Lucie Martin Lee Hendry Palm Beach Use of Staff Without Federal Funds Broward Collier Monroe Dade Pending Submission Method

HB 1355

HB 1355 (2013-249 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

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

MECOM / HB 1355

The 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 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.

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.

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.

Challenges

Training Clerk Resources Discontinued Use Awareness

Strategies

Baseline Data Intensified Training CCIS Partnering with FACC

Contacts

MECOM Firearm Purchase Program

Senior Management Analyst Supervisor Robin Sparkman Operations and Management Consultant Manager Christopher Eaton (850) 410-8139 [email protected]