2009-27229 ResoRESOLUTION NO.
2009-27229
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CHIEF OF POLICE OF
THE MIAMI BEACH POLICE DEPARTMENT TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH MOUNT SINAI MEDICAL CENTER, FOR THE PURPOSE OF
ESTABLISHING A SINGLE SET OF PROTOCOLS FOR THE SAFE AND SECURE
TRANSPORTATION AND TRANSFER OF A PERSON IN POLICE CUSTODY
SUFFERING FROM MENTAL ILLNESS OR SUBSTANCE ABUSE.
WHEREAS, on July 1, 2009, the Florida Legislature amended § 394.462 F.S. requiring law
enforcement agencies to develop a memorandum of understanding with a receiving facility within the law
enforcement agency's jurisdiction reflecting a single set of protocols for the safe and secure
transportation and transferring of a person in police custody suffering from mental illness or substance
abuse; and
WHEREAS, these protocols are required to address crisis intervention measures and the
completion of form CF-MH 3100, which details the circumstances under which the person was taken into
custody; and
WHEREAS, Mount Sinai Medical Center is a receiving facility within the City of Miami Beach; and
WHEREAS, the Public Safety Communications Unit, prior to the transportation of a person for
mental illness or substance abuse treatment, shall notify Mount Sinai Medical Center that the person is
being transported to its facility for such reason; and
WHEREAS, upon acceptance by Mount Sinai Medical Center of a person meeting the criteria of §
394.463(1) F.S., custody of that person will be relinquished by the Miami Beach Police Department to
Mount Sinai Medical Center; and
WHEREAS, Mount Sinai Medical Center will conduct a medical screening examination before the
person is released from its facility, and, if necessary, will facilitate arrangements, including transportation,
with another mental health facility should Mount Sinai Medical Center have no available beds or
determines that the person is in need of additional services.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Chief of Police of the Miami Beach Police Department
is authorized to execute a memorandum of understanding with Mount Sinai Medical Center for the
purpose of establishing a single set of protocols for the safe and secure transportation and transfer of a
person in police custody suffering from mental illness or substance abuse.
PASSED and ADOPTED this 14th
ATTEST:
c~~~~
ITY CLERK
Robert Parcher
day of October ~ 2009.
T:\AGENDA\2009\October 14\Consent\Reso Mt Sinai.doc
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MA OR
Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
& FOR ELUTION
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COMMISSION ITEM SUMMARY
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A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and
authorizing the Chief of Police of the Miami Beach Police Department to execute a Memorandum of
Understanding with the Mount Sinai Medical Center for the purpose of establishing a single set of protocols
for the safe and secure transportation and transfer of a person in police custody suffering from mental
illness or substance abuse.
Intended Outcome
Increase resident ratings of public safety services.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
ublic Policy, and Business Residential Satisfaction Survey of City of Miami Beach residents in 2009,
ndicated that their three top most important areas of for the City of Miami Beach to address in an effort
o improve public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws 36.1
nd Increasin Visibilit of Police in Nei hborhoods 32.4%.
Issue:
Shall the City adopt the Resolution?
Item Summary/Kecommenaation:
On July 1, 2009, the State of Florida enacted Florida State Statute 394.462 that requires law
enforcement agencies to develop a Memorandum of Understanding with mental health receiving
facilities. The purpose of the Memorandum of Understanding is to adopt a single set of protocols for
the safe and secure transportation, and transfer of custody, of a person in need of mental health
treatment. In the City of Miami Beach, Mount Sinai Medical Center is the only mental medical facility
that meets the Florida State Statute 394.462 criteria. These protocols will address crisis intervention
measures that include custody of a person who is transported to a receiving facility along with
supporting documentation.
Provisions of the Memorandum of Understanding will include the transporting officer prior to
transporting the person to be committed, to advise the Public Safety Communications Unit to notify the
Mount Sinai Medical Center that a person is being transported to their treatment facility. In addition,
the Mount Sinai Medical Center agrees to accept custody of the person meeting the criteria of Florida
State Statute 394.462 and conduct a medical screening examination. Further, the Mount Sinai Medical
Center will facilitate arrangements with another mental health facility to accept the person, if their
facility has no available beds or has been determined that the person is in need of services from a
different facility without the assistance of the Miami Beach Police Department.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le isl a Trackin
Michael Gruen, Manager
Plannin and Research ection
Sian-Offs:
Department Director Assistant City Manager City Manager
Carlos E. Noriega, Chief
Mi i e
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ADENDA ITEM
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 14, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND ITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CHIEF OF POLICE OF THE MIAMI BEACH POLICE DEPARTMENT TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH MOUNT SINAI
MEDICAL CENTER, FOR THE PURPOSE OF ESTABLISHING A SINGLE
SET OF PROTOCOLS FOR THE SAFE AND SECURE TRANSPORTATION
AND TRANSFER OF A PERSON IN POLICE CUSTODY SUFFERING FROM
MENTAL ILLNESS OR SUBSTANCE ABUSE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
ANALYSIS
On July 1, 2009, the State of Florida enacted Florida State Statute 394.462 that requires
law enforcement agencies to develop a Memorandum of Understanding with mental
health receiving facilities. The purpose of the Memorandum of Understanding is to adopt
a single set of protocols for the safe and secure transportation, and transfer of custody,
of a person in need of mental health treatment. In the City of Miami Beach, Mount Sinai
Medical Center is the only mental medical facility that meets the Florida State Statute
394.462 criteria. These protocols will address crisis intervention measures that include
custody of a person who is transported to a receiving facility along with supporting
documentation.
Provisions of the Memorandum of Understanding will include the transporting officer prior
to transporting the person to be committed, to advise the Public Safety Communications
Unit to notify the Mount Sinai Medical Center that a person is being transported to their
treatment facility. In addition, the Mount Sinai Medical Center agrees to accept custody
of the person meeting the criteria of Florida State Statute 394.462 and conduct a medical
screening examination. Further, the Mount Sinai Medical Center will facilitate
arrangements with another mental health facility to accept the person, if their facility has
no available beds or has been determined that the person is in need of services from a
different facility witrout the assistance of the Miami Beach Police Department.
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE MIAMI BEACH POLICE DEPARTMENT AND MOUNT SINAI MEDICAL CENTER
The purpose of this Memorandum of Understanding (MOU) is to establish protocols for
the safe and secure transportation and transfer to Mount Sinai Medical Center persons
for which Miami Beach Police Department has taken into custody: pursuant to Florida
State Statute Chapter 394, known as "The Florida Mental Health Act" or "The Baker Act"
as well as Florida State Statute 397, known as the "Hal S. Marchman Alcohol and Other
Drug Services Act of 1993".
Effective July 1, 2009 the Florida State Legislature amended the Chapter 394, enacting
Florida State Statute 394.462 which requires a law enforcement agency that transports
persons to a receiving or treatment facility for mental illness to have a memorandum of
understanding with the receiving facility establishing specific single set of protocols for
the safe and secure transportation of the person and transfer of custody of the person.
The following are the protocols agreed to by the Miami Beach Police Department and
Mount Sinai Medical Center relative to taking a person into custody for the Baker Act in
an effort to provide emergency services, temporary detention for mental health
evaluation and treatment:
A Miami Beach Police Officer who takes a person into custody to initiate an
Involuntary Examination which meets the criteria of Florida State Statute 394.463
(1) Involuntary Examination will:
Facilitate the safe and efficient transfer of custody of persons pursuant to: an
Court ex parte order, State of Florida Report of Law Enforcement Officer Initiating
Involuntary Examination (Form CF-MH-3052a) or the execution of a certificate for
involuntary examination by an authorized professional to include a physician,
clinical psychologist, psychiatric nurse, mental health counselor, marriage or
family therapist, or a social worker.
Complete a State of Florida Report of Law Enforcement Officer Initiating
Involuntary Examination Form CF-MH-3052a and Offense Incident Report. The
State of Florida Report of Law Enforcement Officer Initiating Involuntary
Examination Form will be submitted to the staff of Mount Sinai Medical Center.
Prior to transporting the person to the Mount Sinai Medical Center the
transporting officer will advise the Public Safety Communications Unit via
telephone or police radio to contact the receiving staff at Mount Sinai Medical
Center.
Advice receiving staff of Mount Sinai Medical Center of all violations and criminal
charges at the time the person is transferred to Mount Sinai Medical Center.
Determine the best means of transportation of the person to include the patrol
vehicle, ambulance or specialized vehicle.
Prior to transporting the person to the Mount Sinai Medical Center the
transporting officer will advise the Public Safety Communications Unit via
telephone or police radio to contact the receiving staff at Mount Sinai Hospital.
Mount Sinai Medical Center receiving staff agrees to the following:
Accept custody of the person meeting the criteria of Florida State Statute
394.463(1) and conduct an examination.
Accept custody of a persons not arrested based on either non-criminal or minor
criminal behavior that meets the statutory guidelines for involuntary examination.
Make arrangements with another authorized mental health facility to accept the
person, if Mount Sinai Medical Center has no available beds or has determined
that the person is in need of services from a different facility. Arrangements for a
safe and appropriate transfer of the person to a different receiving/medical facility
will be made by Mount Sinai Medical Center with out the assistance of Miami
Beach Police Department personnel.
Duration of this Memorandum Of Understanding:
This Memorandum of Understanding is effective on the date it is signed by the Miami
Beach Police Department and Mount Sinai Medical Center. It will continue in force for
three years unless the parties terminated their participation by a 30 day written
no ication, a d can be modifies by the parties upon mutual consent to meet operational
cessity an statutory mandates.
~0.~4.0`~
Charlene Welker, Date Carlos E. Noriega,
Senior Vice President Chief of Police
Mount Sinai Medical Center Miami Beach Police
4300 Alton Road 1100 Washington Avenue
Miami Beach, Florida 33139 Miami Beach, Florida 33139
APPROVED AS TO
FORM & LANGUAGE
!k FOR EXECUTION
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City Ait;..~~-~,. Vv Date