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Home My WebLink AboutResolution_04-00/01_11/16/2000• • RESOLUTION NO. 4 - 00/O1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A COMMUNITY POLICING PARTNERSHIP MEMORANDUM OF UNDERSTANDING BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND THE VILLAGE OF TEQUESTA POLICE DEPARTMENT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Community Policing Partnership Memorandum of Understanding between the Florida Department of Correction, and the Village of Tequesta Police Department, attached hereto as exhibit "A", is hereby approved and the Village Manager is hereby authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING Schauer motion was Genco RESOLUTION WAS who seconded an the vote was as follows: FOR ADOPTION Joseph N. Capretta Elizabeth A. Schauer Basil E. Dalack Geraldine A. Genco Sharon D. Walker OFFERED BY Councilmember moved its adoption. The by Councilmember d upon being put to vote, AGAINST ADOPTION • • The Mayor thereupon declared the Resolution duly passed and adopted this 16th day of November, A.D., 2000. MAYOR OF TEQUESTA (, // o ph N. Capret • TTEST: Joann Mangani~llo Village Clerk • COMMUNITY POLICING PARTNERSHIP EXHIBIT "A" • MEMORANDUM OF UNDERSTANDING This Community Policing Understanding is between the Florida Department of Corrections, Region III (Department) and the Tequesta Police Department. I. Purpose: The purpose of the community policing partnership is to enhance the supervision of Department supervised offenders, thereby limiting and or preventing recidivism and other criminal activity which ultimately enhances public safety. The Department's role or participation is limited to affecting only those offenders supervised by the Department. II. Department Responsibilities, Authority and Limitations: Correctional Probation Officers (CPO) Participation in partnership initiatives or activities is voluntary. Any CPO who participates in any initiatives under this Agreement will be trained in the following: use of force; use of firearms, warrantless arrests and search per Department procedures (Rules 33-302.103, 33-302.104 and 33-302.105, Florida Administrative Code). During ride-alongs or any initiatives, CPO is limited to affecting only Department supervised offenders. CPO will respond within the scope of his/her training, authority and certification to assist law enforcement if a confrontational situation with a Department supervised offender occurs. CPO will act in accordance with Use of Force in Community Corrections and/or Use of Firearm procedure as follows: a) react to the different levels of resistance from offenders and apply the appropriate force against them; and b) engage in handcuffing or restraints, use of chemical agents, or firearms if warranted by the situation. CPO will wear body armor during any partnership or activities. The Department will participate in the following partnership activities: 1. Law Enforcement Ride-alongs - aze joint operations where a CPO accompanies a law enforcement officer (LEO) in the field or community to familiarize the LEO with a department supervised offender's community and residence. a) CPO and LEO will exchange information on department supervised offenders, current criminal activity in the geographical zone and other information that will improve each professionals prospective of the other. b) Prior approval from a supervisor is required for aride-along. c) During aride-along, a CPO is only to participate in encounters, if any, with Department supervised offenders. CPO will not participate in law enforcement activities with non-department offenders unless the CPO's life is in danger. CPO's • role is not to serve as the LEO's back up. 2. Planned Compliance Initiatives are activities involving CPO volunteer teams and/or law • enforcement officers. These include the following: a) Sex Offender Planned Compliance Initiatives, conducted to: Provide resident verification including a walk through search of the sexual offender's living quarters to ensure compliance with conditions imposed, and that there is no illicit computer use, pornography, the presence of children or items that would attract children in or around the residence. b) Community Control Planned Compliance Initiative c) Gang Task Force Planned Compliance Initiative d) Multi-Agency Child Alert Response Team 3. Information Exchange -The Department will provide the information listed below: a) A list of all active offenders under community supervision in Palm Beach County. b) A list of all sex offenders under supervision, including their names, race, sex, current address, Department of Corrections' number and supervising probation officer. This list will be updated on a monthly basis. c) A list of known security threat group/gang members under the supervision of the Department. This list includes Department of Corrections' numbers, race, sex, current address, monikers, date of birth, telephone number, name of gang and the officer currently supervising the offender. d) The Department cannot release any confidential information, per Section 945.10 Florida Statute (1999), such as an offender's medical, mental health history, HIV status and substance abuse treatment records unless by order of a court of competent jurisdiction. e) Advise law enforcement of any Department-only initiatives including: • i) the location and presence of the correctional probation officers, and ii) the likelihood of the need for law enforcement assistance, if violations are discovered that require immediate arrest and transportation to the local jail or detention center. Limitations: The Department's participation in this partnership is limited to affecting only those offenders supervised by the Department. The Department will not participate or engage in any initiatives or activities affecting first time and/or non-department supervised offenders. The Department cannot provide law enforcement with monies or funding for confidential informants. The Department cannot provide law enforcement with guns or weaponry. The Department cannot provide law enforcement with hand held radios or communications equipment. Department Liaison: The Department's liaison for any activities or initiatives associated with the community policing partnership is Karla Felton, (561) 837-5175. The liaison will serve as the first point of contact for any • coordinated initiatives or activities, once approved by the Circuit Administrator, and will also serve to represent the Department at any law enforcement meetings associated with the Community Policing Partnership Agreement. The liaison's duties include but are not limited to the following: 2 r • Information A list of all active offenders under community supervision in Palm Beach County. A list of all sex offenders under supervision. Including their names, race, sex, current address, Department of Corrections' number and supervising probation officer. This list will be updated on a monthly basis. A list of security threat group/gang members. This list includes Department of Corrections' number, race, sex, current address, monikers, date of birth, telephone number, name of gang and the officer currently supervising the offender. The liaison cannot release any confidential, information, per Section 945.10, Florida Statutes (1999) such as an offender's medical, mental health history, HIV status and substance abuse treatment records unless by order of a court of competent jurisdiction. Advise law enforcement of any Department-only initiatives including: The location and presence of the correctional probation officers, and The likelihood of the need for law enforcement assistance, if violations are discovered that require immediate arrest and transportation to the local jail or detention center. Coordinate any of the following activities with law enforcement. Ride-along program Planned Compliance Initiatives Sex Offenders Community Control Offenders Gang Task Force Multi-Agency Child Alert Response Team Summarize any notes and comments from meetings and disseminate to Department staff and/or law enforcement personnel. III. Law Enforcement Responsibilities: Law enforcement officers will assist the Department with monitoring the compliance of Department supervised offenders. This will reduce the likelihood of an offender violating conditions of his or her supervision as well as immediately addressing any offender non-compliance. If a LEO witnesses a Department supervised offender violate a condition of his or her supervision the LEO shall: Call the offender's probation officer and/or Make a warrantless arrest of the offender in accordance with Section 948.06(1), Florida Statutes (1999). • Law Enforcement will share any intelligence or information regarding suspects and/or Department supervised offenders. 3 Upon the Department's request, law enforcement will assist with transporting and/or arresting a Department supervised offender. Participate in any of the aforementioned planned compliance initiatives. IV. Termination: Thirty (30) days after written notice to all of the aforementioned parties, a party to this understanding terminates its participation in the Community Policing Partnership. ~°~~ I.~-.2~. 0 3/ay Valerie Rolle, Circuit Administrator Date Florida Department of Corrections Louis Vargas, General Counsel Date Florida Department of Corrections APPROVED AS TO FORM AND LEGALTI'Y SUBJECT TO EXECUTION BY THE PARTIES ~- . ~~.~ ~ Michael C zzo, Vi a anage Date Tequesta, Florida 4