It's the law

BAKER ACT: FLORIDA'S SOLUTION TO MENTAL HEALTH CRISIS

It is not uncommon that family, friends or bystanders experience irrational behavior and the person presents a danger to themselves or others.  This may come in the form of a drug overdose, injuries from an attempted suicide, aggressive behavior, etc.  When the behavior does not constitute a crime, or the subject has a history of mental illness and the crime is very minor, the Baker Act may be the most appropriate response. Florida Statutes 394, officially called the Florida Mental Health Act, describes the provisions of the statute.  The Baker Act authorizes certain professionals to engage the provisions of the Baker Act.  We will be limiting our discussion here to those situations that directly involve law enforcement. 

So when can the Baker Act be used?  A person must meet three criteria described in F.S. 394.463. The first criterion is that the person appears to suffer from mental illness. This does not require a formal diagnosis by the police, just a common sense assessment. Mental illness is legally defined in the Baker Act as an impairment of the mental or emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, and this impairment substantially interferes with a person's ability to meet the ordinary demands of living. 

The second criterion is that the person refuses or is unable to make a rational decision that they need assessment and treatment.  Finally, there is a substantial likelihood that without help the person will cause serious bodily harm to themselves or another in the near future, as evidenced by recent behavior. 

Law enforcement officers are trained at the academy on the basics of the Baker Act.  Police officers and deputies have the authority to take custody of a person meeting the above criteria to a “receiving facility” or an emergency room, if a medical condition indicates.   The receiving facility is a secure facility designed to assess and provide short term care for mental health crisis.  If there is no medical emergency, officers are first required to try to get voluntary cooperation of the person, with the assistance of family or friends, to receive assessment and treatment.  As a last resort, officers are empowered to forcibly transport and deliver the person to a receiving facility. 

Other professionals, such as emergency room physicians, mental health licensed providers (psychologist, psychiatric nurses) can also trigger the Baker Act.   Florida Statutes require the police to assist these professionals when requested, as they have the skills, training and are equipped to take persons into custody. 

Family members can request the courts, called a petition, for an ex parte order when mental illness presents problematic behaviors.  In essence, interested persons testify before the judge about the behavior and mental capacity of the person and the behavior that causes concern.  The judge may issue an order for the mentally ill person to be taken into custody and brought to a receiving facility for assessment and treatment, if deemed appropriate.  These orders are executed or served by the Sheriff’s Office, whether the person resides in a City or the county area.

IT'S THE LAW!!!

Major John Blackledge has been the Lead Legal instructor at BCC’s Criminal Justice Center for 20 years.  He holds a B.A. degree in Pre-law and is certified as an instructor in Legal Topics by the Florida Department of Law Enforcement

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