| | | | | | | | | TO: | Public Safety and Neighborhood Quality of Life Committee Members |
|
| FROM:
| Rickelle Williams, Interim City Manager
|
|
| | DATE: | May 22, 2024
|
|
| | SUBJECT: | DISCUSSION REGARDING THE MARCHMAN ACT AND BAKER ACT FRAMEWORK FOR ASSISTING PERSONS REQUIRING TEMPORARY EVALUATION AND/OR TREATMENT FOR MENTAL HEALTH OR SUBSTANCE ABUSE ISSUES, ANDTHE CITY’S COMPREHENSIVE APPROACH AND STRATEGIES FOR PROVIDING ASSISTANCE TO SUCH PERSONS AND PROTECTING THE COMMUNITY. |
|
| | | | | | | | HISTORY:
| At the June 22, 2022 City Commission meeting, at the request of Mayor Steven Meiner (then Commissioner Meiner), the Mayor and City Commission approved a referral (C4 O) to the Public Safety and Neighborhood Quality of Life Committee (“PSNQLC”) to discuss the Marchman and Baker Acts and the City’s approach and strategy for assisting persons requiring temporary evaluation and/or treatment for substance abuse or other mental health evaluation and treatment, as well as the City’s efforts to protect the community in those instances when persons with serious substance abuse problems or mental illness present a threat to public safety.
The item was heard at the November 30, 2022 PSNQLC meeting and slated to return to the January 2023 PSNQLC to further explore the increased use of Jackson Memorial Hospital as a receiving facility and for an update from Thriving Minds regarding the status of the County facility and its programming. |
| | |
| | | | | | | | ANALYSIS
| The Baker Act provision of Florida Statutes Ch. 394 deals with people who may be experiencing a 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.
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 substance abuse and mental illness simultaneously 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 complete. 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 and to which officers transport the individual. At the hearing, attorneys are present and the judge ultimately rules over whether the client should be committed to a treatment facility. 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.
As a general rule, due to the facilities and services offered, Jackson Memorial Hospital is best suited to treat individuals suffering from substance addiction under the Marchman Act as well as juveniles. In this same manner, Mount Sinai Medical Center is better suited to treat geriatric patients needing medical attention. After consideration on a case-by-case basis, officers have the discretion to decide the best facility for each individual. If no special circumstances or needs are identified, Mount Sinai Medical Center is the facility of choice due to the convenience of the location both for the individual and the officer. Not leaving the jurisdiction of city limits allows officers to more quickly go back “in service” to address related issues and area assignments more quickly.
It should be highlighted that in most cases, the person initiating either process is the officer who must witness certain behaviors to meet the threshold for commitment. Officers have received specific training to be able to identify those behaviors which would meet the threshold for commitment. Note that the behavior of talking to oneself may not reach the threshold for commitment.
HOUSING & COMMUNITY SERVICES
The Administration is continuously augmenting services and leveraging resources for persons experiencing homelessness within the City and the Homeless Resource Unit’s Marchman Program.
The City’s services and support for those facing these challenges range from shelter services, family reunification, and referrals to treatment. The City’s Homeless Outreach Services Team works collaboratively with Mount Sinai Medical Center during the behavioral health patient discharge process if the client is identified as homeless or unhoused. The services provided are voluntary, and if the person 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 Corps, Camillus Health Concern and Camillus House Lazarus Program. The team also continues to leverage resources by partnering with the Mental Health and Substance Abuse Continuum of Care Thriving Minds to access different levels of care for clients, and Borinquen Medical Center’s Behavioral Health.
The Office of Housing and Community Services' budget funds various services related to mental health, including specialized outreach, pre-treatment beds, treatment beds for voluntary and involuntary clients, and ¾-way housing for after-treatment discharge. Additionally, the City received funding from the U.S. Department of Housing and Urban Development ("HUD") through the Miami-Dade County Homeless Trust to fund the Hand Up grant initiative, which is designed to provide support services via Peer Specialists to the unsheltered homeless in Miami Beach. The project focuses on wrap-around support services including, but not limited to, assistance in finding and obtaining suitable and affordable housing, mentorship, general life-skills training, employment search assistance, and child-care funding. Peer Specialists will serve as step-by-step guides and mentors to unsheltered homeless participants by providing individualized action plans and working collaboratively with the participant to achieve goals that can aid in ending their homelessness.
The Administration has also contacted Thriving Minds for an update regarding the Judge Liefman facility. As of 2022, the project was transferred to Miami-Dade County to finalize plans for operations. The Administration is currently pending an update from Miami-Dade County regarding future plans to complete, open, and operate the facility. |
| | |
| | | | | | | | CONCLUSION:
The City continues to explore and augment its comprehensive approach to those struggling with mental health and co-occurring disorders within the parameters of the system of care.
| | |
| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | No | | No | |
| | |
| | | | | | | | Strategic Connection
| | Neighborhoods - Prevent and solve crime for residents and visitors. |
| | |
|