R00-165 RESOLUTION NO. R00-/~,~4"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE COMMUNITY POLICING PARTNERSHIP
MEMORANDUM OF UNDERSTANDING BETWEEN CITY
OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF
CORRECTIONS, REGION llI; AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, hereby deems it to be in the best interests of the citizens and
residents of the City of Boynton Beach, to approve a Community Policing Partnership
Memorandum of Understanding between the City and Florida Department of Corrections,
Region IIL to enhance the supervision of Department supervised offenders, thereby limiting
and or preventing recidivism and other criminal activity which enhances public safety; and
NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby approve, and authorizes and directs the Mayor and City Clerk to execute the
Community Policing Partnership Memorandum of Understanding between the City of
Boynton Beach and Florida Department of Corrections, Region 1II, a copy of Memorandum
of Understanding is attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of November 2000.
ATTEST:
Vice Mayor
Co~ssioner
Commissioner
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COMMUNITY POLICING PARTNERSHIP
MEMORANDUM OF UNDERgTANDING
0
This Commumty Pohcing Understanding is between the Florida Department of Corrections, Region III
(Department) and the Boynton Beach Pohce DeparUnent
Purpose:
The purpose of the community policing partnerslnp 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 fire, am, warrantless arrests and search per Department procedures
(Rnles 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 m 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.
T
ae Department will participate in the following partnership activities:
Law Enforcement Ride-alongs - are joint operations where a CPO accompanies a law
enforcement officer (LEO) in the field or community to fanuliarize 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 a ride-along.
c) During a ride-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-depamnent offenders unless the CPO's hfe is in danger. CPO's
role is not to serve as the LEO's back up.
Planned Compliance Initiatives are activaues 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
Information Exchange - The Department will provide the information hsted below:
a) A list nfall 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, Depamnent of Corrections' number and supervising probation officer. This
list will be updated on a monthly basis.
c) A list of known secarity threat group/gang members under the supervision of the
Deparmaent. 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 Deparunent cannot release any confidential information, per Sectian 945.10
Florida Statute (1999), such as an offender's medical, mental health history, HIV
status and substance abuse treamaent records unless by order of a court of competent
jurisdiction.
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 mediate arrest and transportation to the local jail or
detention center.
e)
Limitstions:
The Department's participation in this partnership is limited to affecting only those offendem
supervised by the Department. The Depamnent will not participate or engage in any initiatives or
activities affecting first time and/or non-depm t,nent supervised offenders.
The Department cannot provide law enforcement with monies or funding for confidential
informants.
The Depmhuent cannot provide law enforcement with gans or weaponry.
The Department cannot provide law enforcement with hand held radios or communications
equipment.
Department Liaison:
The Depamnent'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
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, Depamuent 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
Co ect~ons 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 6fa court of competent jurisdiation.
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 Forc~
Multi-Agency Child Alert Response Team
surnmanze any notes and comments from meetings and disseminate to Deparmaent staff and/or law
eriforcemant personnel.
IIL Law Enforcement Responsibilities:
L/tw enforcement officers will assist the Department with monitoring the compliance of Department
st >ervised offenders. This will reduce the likelihood of an offender violating conditions of his or her
st ~ervision as well as immediately addressing any offender non-compliance.
Ifa 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),
Flor/da Statutes (1999).
Law Enforcement will share any intelligence or information regarding suspects and/or Department
supervised offenders.
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 aider written notice to all of the aforementioned parties, a party to this understanding
~~~the Community Policing Partnership.
Valerie Rolle, Circuif Administrator Date cfi~/rf~
Florida Department of Corrections
Louis Vargas, General Counsel
Florida Department of Corrections
APPROVED AS TO FORM AND
LEGALITY SUBJECT TO EXECUTION
BY ~ PARTIES
Marshall Gage, Chief of Police
Boynton Beach Police Department
Date
Date
4
COMMUNITY POLICING PARTNERSHIP
MEMORANDUM OF UNDERSTANDING
~ais Community Policing Understanding is between the Florida Department of Corrections, Region III
(Department) and the Boynton Beach Police Department.
I. Purpose:
The purpose of the community policing partnership is to enhance the supervision of Department
s~upervised offenders, thereby limiting and or preventing recidivism and other criminal activity which
u~timately 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 proced~tres
(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 &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.
C~O will wear body armor during any partnership or activities.
The Department will participate in the following partnership activities:
Law Enforcement Ride-alongs - are 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 a ride-along.
c) During a ride-along, a CPO is only to participate in encounters, if any, with
Department supervised offenders. CPO will not participate m 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.
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 Imtiative
c) Gang Task Force Planned Compliance Initiative
d) Multi-Agency Child Alert Response Team
e)
Information Exchange - The Department ~vill 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 superwsing probation officer. This
list will be updated on a monthly basis.
c) A list of known securky 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 Deparunent cannot release any confidential information, per Section 945-10
Florida Statute (1999), such as an offender's medical, mental health histo~, HIV~
status and substance abuse treatment records unless by order ora court of competem
jurisdiction.
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 reqmre 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 Depathuent 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
hfformafion
A list of all active offenders under communny supcrwsion 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 ora 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
e!forcement personnel.
III. Law Enforcement Responsibilities:
L~ ~w enforcement officers will assist the Department with monitoring the compliance of Department
st ~ervised offenders. This will reduce the likelihood of an offender violating conditions of his or her
sr ~ervision as well ns immediately addressing any offender non-compliance.
Ifa 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).
L' ~v Enforcement will share any intelligence or information regarding suspects and/or Department
supervised offenders.
Upon the Departrnent'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 Commumty Policing Partnership.
Valerie Rolle, Circuit Administrator Date
Florida Departmem of Corrections
Louis Vargas, General Counsel
Florida Department of Corrections
APPROVED AS TO FORM AND
LEGALITY SUBJECT TO EXECUTION
BY THE PARTIES
Date
Marshall Gage, Chief of Police
Boynton Beach Police Department
Date
4