BAKER & MARCHMENT ACT 12.7
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: BAKER ACT AND MARCHMAN ACT
GENERAL ORDER: 12.7
EFFECTIVE: October 1, 1998
SUPERSEDES: NEW
PAGES: 5
CONTENTS: This order consists of the following numbered sections:
I. BAKER ACT CRITERIA
II. BAKER ACT PROCEDURES
III. TRANSPORT
IV. DOCUMENTATION
V. EXCEPTIONS
VI. MARCHMAN ACT
VII. GLOSSARY
PURPOSE:
To establish guidelines for the lawful execution of the Baker Act and the Marchman Act.
SCOPE:
This order applies to all Police Department members.
DISCUSSION:
The condition of intoxication or mental illness is not a crime. The Baker Act provides a tool that
allows a law enforcement officer to take immediate steps to protect the health and welfare of an individual believed to be
mentally ill and safeguard those persons who may be harmed as a direct result of the subject’s behavior. The Marchman
Act serves the same purpose for individuals who are intoxicated.
POLICY:
Police Department members encountering individuals who meet the criteria of the Baker Act or the
Marchman Act will use sound judgment when exercising their authority.
PROCEDURE:
I. BAKER ACT CRITERIA:
A person may be taken to a designated receiving facility for involuntary examination if
there is reason to believe that the individual is mentally ill, and because of such illness:
A.
Has refused voluntary examination after a conscientious explanation and disclosure of the purpose of the exam; or,
B.
Is unable to determine for himself whether the examination is necessary; and
C.
Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such
neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that
such harm may be avoided through the help of willing family members or friends or the provision of other services; or,
D.
There is a substantial likelihood that without care or treatment, he will cause serious bodily harm to himself or
G.O. 12.7
others in the near future, as evidenced by recent behavior.
E.
The refusal to accept medical attention in life threatening situations may be considered as one of the facts in
determining the need for involuntary examination.
II. BAKER ACT PROCEDURES:
A. Criminal Charges, No Injuries:
Subjects who are to be criminally charged, but do not require emergency
medical attention, will be transported to a designated mental health receiving facility for evaluation and/or treatment. If
the receiving facility will not accept the subject due to his being under the influence of drugs or alcohol, the subject
will be transported to the Palm Beach County Jail for booking.
B.Criminal Charges, Emergency Injuries:
Subjects who are to be criminally charged, but require emergency
medical attention, will be transported to the nearest hospital emergency room, or designated medical
treatment/receiving facility. The mode of transportation will be via Emergency Medical Services or agency vehicle, as
dictated by the severity and nature of the medical emergency. If there is a question concerning the medical condition of
the subject, EMS should medically evaluate the subject prior to transport. Upon release from the hospital, the subject
will be handled as in A., above.
C.No Criminal Charges, But Under the Influence of Drugs or Alcohol:
Subjects who are not charged with a
crime, but appear to be mentally ill under the provisions of the Baker Act, and appear to be under the influence of
drugs or alcohol, but do not require medical attention, will be transported to the designated mental health receiving
facility. If the receiving facility will not accept the subject, due to his being under the influence of drugs or alcohol, the
subject will be transported to jail under the provisions of the Marchman Act, if applicable. The officer will notify the
designated receiving facility of the subject’s location and the receiving facility will be responsible for providing
services to the subject as provided by law.
D.No Criminal Charges But With Emergency Injuries and Under the Influence of Drugs or Alcohol:
Subjects who are not charged with a crime, but appear to meet the criteria of the Baker Act; and appear to be under the
influence of drugs or alcohol; and who require emergency medical attention, will be transported to the nearest hospital
emergency room or designated medical treatment/receiving facility. The mode of transportation will be via Emergency
Medical Services or agency vehicle, as dictated by the severity and nature of the medical emergency. If there is a
question concerning the medical condition of the subject, or the type of treatment needed, EMS should medically
evaluate the subject prior to transport. After being medically cleared, and the designated mental health receiving
facility has been consulted, the subject will be transported to the designated mental health receiving facility, or to jail,
where the subject, if intoxicated, may be held under the provisions of the Marchman Act.
E.Violent Subjects:
Subjects who are not under arrest will be transported to the designated mental health
receiving facility or designated medical treatment/receiving facility, unless the subject is so violent as to require the
continued presence of a law enforcement officer. In such cases, a supervisor will be contacted and approve the further
transportation, as provided herein. Under no circumstances should a violent subject be left unattended until personnel
at the designated mental health receiving facility, or hospital indicate that there is no longer a need for a law en-
forcement presence.
F. Ex Parte Order:
A court may enter an ex parte order stating that a person appears to meet the criteria for
involuntary examination, and giving the findings upon which that conclusion is based. If other less restrictive means
are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer or other designated
agent of the court, will take the person into custody and deliver him to the nearest designated receiving facility for
involuntary examination.
G. Professional Certification:
A physician, licensed psychologist, psychiatric nurse, or clinical social worker may
execute a certificate (BA-52) stating that he has examined a person within the preceding 48 hours and finds that the
individual appears to meet the criteria for involuntary examination. If other less restrictive means are not available,
such as voluntary appearance for outpatient evaluation, an officer will take the person named in the certificate into
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custody and deliver him to the nearest available receiving facility for involuntary examination.
III. TRANSPORT:
All persons will be transported with dignity, including those who face criminal charges. The
individual will be searched for weapons prior to transport, and may be handcuffed or otherwise restrained for the
individual’s own safety. Prior to transport, the officer will notify the designated receiving facility. Officers will transport
persons who meet the criteria for involuntary examination when:
A.
The officer is acting upon an order from the court; or
B.
An officer was the initial law enforcement authority to contact the person.
IV. DOCUMENTATION:
All records regarding any Baker Act subject are confidential and exempted from disclosure
under Florida’s public records law. The officer initiating the Baker Act will complete a detailed Offense/Incident Report.
In all cases, a BA-52 form, ex parte order, or other documentation, which details the circumstances under which the
person was taken into custody, must be included with the officer’s written report. If a physician has requested transport
to a receiving facility, a medical release is also required and a copy thereof attached to the report.
V. EXCEPTIONS:
A.
Person(s) who request to be driven to a receiving facility for voluntary examination will not be transported via
Police Department vehicle. The subject should be advised to contact the Department of Health and Rehabilitative
Services, or the designated receiving facility for transportation arrangements.
B.
Person(s) who appears to be mentally competent, but refuse medical attention in apparent non-life-threatening
situations, may not be taken into custody for involuntary examination under the provisions of the Baker Act. Relatives
and other concerned parties should be advised to contact HRS or the designated receiving facility.
VI. MARCHMAN ACT (Hal S. Marchman Alcohol and Other Drug Services Act of 1993, F.S. 397.677):
A.
An officer may implement protective custody measures when a person (minor or adult) who appears to meet the
or
following involuntary admission criteria is brought to the attention of law enforcement, is in a public place.
Protective custody can be initiated if either element is present. Any law enforcement officer acting in good faith may
not be held criminally or civilly liable for false imprisonment when initiating protective custody measures.
B.
Upon meeting with such a person, the officer must have a good faith reason to believe the person is substance
and
abuse impaired , because of such impairment;
1.
Has lost the power of self-control with respect to substance abuse; and either
a.Has inflicted, or threatened or attempted to
or
inflict, or unless admitted is likely to inflict, physical harm on himself or another;
b. Is in need of substance abuse services and, by reason of substance abuse impairment, his judgment has been
so impaired that the person is incapable of appreciating his or her need for such services and of making a
rational decision in regard thereto. Mere refusal to receive such services does not constitute lack of
judgment with respect to his or her need for such services.
C. Protective Custody With Consent:
With the consent of the person meeting the above criteria, an officer may
assist the person to his home, to a hospital, or to a licensed detoxification or addictions receiving facility.
The officer will determine which is the most appropriate action to take. For officer safety reasons, the person may be
handcuffed.
D. Protective Custody Without Consent:
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1.
A officer may initiate protective custody without the consent of the impaired person when:
and
a. The person fails or refuses to consent to assistance,
b. The officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most
appropriate place for the person.
2.
The officer will, after giving due consideration to the expressed wishes of the person, take the person to a hospital
or
or detoxification facility.
3.
If circumstances prevent admission into a hospital or detoxification facility (e.g., lack of bed space), the officer
will:
a. Detain an adult in the county detention center and notify the nearest relative, unless the adult requests that there
be no notification.
b. Notify the nearest relative of a juvenile for involuntary assessment and emergency admission.
4.
The officer must not use unreasonable force to take the person into custody, but, for officer safety reasons, will
handcuff the person during transport.
E. Reports/Records:
Any person taken into protective custody under the Marchman Act will not be considered an
arrestee for any purpose, and no entry or other record will be made to indicate that the individual has been arrested or
charged with a crime. The officer will document the incident on an Offense/Incident Report.
VII. GLOSSARY:
B-52 FORM - A HRS form authorized by law to initiate the involuntary exam process under the Baker Act.
BAKER ACT - Chapter 394 of Florida Statutes, known as the Florida Mental Health Act.
DESIGNATED RECEIVING FACILITY - A hospital, medical facility or treatment center designated by HRS to provide
detoxification or specialized care for persons, who are intoxicated or who have exhibited signs of mental illness. The
location and telephone number of the nearest appropriate facility may be obtained from communications.
EX PARTE ORDER - The signed order of a circuit court judge requiring that the subject named in the order be taken
into custody and delivered to a designated receiving facility for an involuntary examination.
MARCHMAN ACT - Chapter 397 of Florida Statutes,
known as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993.
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INDEXING:
BAKER ACT PROCEDURES
EX PARTE ORDERS
INTOXICATED PERSONS
MARCHMAN ACT PROCEDURES
MENTALLY ILL PERSONS
DRAFTED
: RLG/July 7, 1998/Filed: BAKER12.7
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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