The Baker Act provision of Florida State Statutes Ch. 394 deals with people who may be experiencing some sort of psychiatric episode or abnormal behavior associated with mental illness. This provision allows a law enforcement officer, if deemed necessary, to take the individual into protective custody and deliver or transport the same individual to the nearest receiving facility for a psychiatric evaluation to be completed by a physician or psychologist. The provision allows for either voluntary or involuntary commitment and the individual can be involuntarily held up to 72 hours. Upon completion of the initial assessment, the medical staff makes the determination whether to release or commit the individual to further treatment. If the officer who initiates the Baker Act process has knowledge of the individual’s history, that information can be relayed to the medical staff to assist in a final decision; however, the officer does not decide. The medical staff’s decision is final. This year alone, our officers have initiated over 800 Baker Acts.

 

The Marchman Act provision of Florida Statutes Ch. 397 deals with substance abuse as opposed to mental illness. It is possible for an individual to be experiencing symptoms of both the Baker and Marchman contemporaneously and in those instances, the initiating officer would determine the best course of action to follow. The Marchman Act provision allows for up to 5 days in a treatment facility and up to 90 days by order. The police department utilizes both provisions at various times depending on the circumstances and conditions encountered. Once the individual is delivered to either a treatment or medical facility, for the most part, the police portion is done. The person could be released within the hour and be right back where the individual was initially picked up.

 

One of the more innovative strategies the MBPD team practices is the use of the Marchman program. This usage includes the identification of potential clients who do not have an identifiable support system; clients who police personnel have developed a rapport with; are high utilizers of resources; are abusing some identifiable substance and without intervention will probably succumb to their irresponsible behavior. Once identified, MBPD officers petition the courts on behalf of the client and asks for judicial intervention. Once granted, the client is served with a court date one that officers transport the individual to. At the hearing, attorneys are present and in the end the judge rules whether the client should be committed to a treatment facility. To date this process has been completed with over 50 clients and this treatment option has not been denied. Rulings are for 90 days with possible 30-day extensions if the client is not achieving success. If the client leaves the facility before completion of the order, MBPD personnel goes back before the judge who issued the order. The Judge can then issue a jail order where the client would then serve the remainder of the time in jail. After the jail time is served, the client must still complete the required treatment time in the treatment facility. It is important to note that jail is not considered a treatment facility. If the client is successful, then provisions for permanent supportive housing are initiated. 

 

What is important to note is the officer in most cases is the person initiating either process. The officer must witness certain behaviors in order to meet the threshold for commitment. Officers have received training in order to be able to identify those behaviors which would meet the threshold for commitment. Please keep in mind the behavior of talking to oneself may not reach the threshold for commitment. The officers are committed to this process once observed as evidenced by the hundreds upon hundreds of Baker Acts and Marchman Acts which are completed every year.

 

HOUSING AND COMMUNITY SERVICES

 

Addiction and mental illness are synonymous with homelessness. The City’s services and supports for those facing these challenges range from shelter services, family reunification, and referrals to treatment. Our Homeless Outreach Services Team works collaboratively with Mount Sinai during the behavioral health patient discharge process if the client is identified as homeless. The services provided are voluntary, and if the client accepts services, the City has contracted with specialized providers to address and access voluntary mental health and co-occurring disorders. In addition to the contracted services provided by New Hope and Camillus House Lazarus Program, the team has also built a collaborative relationship with Borinquen Medical Health.

 

The team also continues to partner with the Mental Health and Substance Abuse Continuum of Care Thriving Minds to access different levels of care for clients.