HomeMy WebLinkAboutAgreement_General_12/03/2009 (2)Memorandum of Understanding
Between the subscribing Law Enforcement Agencies and the subscribing Baker Act Receiving
Facilities listed in this document:
In order to implement the provisions of s. 394 Florida Statute, the Florida Mental Health Act, enacted
by the 2009 Florida Legislature governing transportation of persons by law enforcement to receiving
facilities for involuntary examination, the following is required:
1. The Law Enforcement Uf~cer shall deliver each individual under involuntary examination status to the
nearest appropriate receiving facility.
2. When possible, a courtesy te~phone call to the receiving facility to alert the staff that the officer is
enroute may be provided. The facility agrees that such a courtesy call will not be used to instruct
an officer to take the individual to any other facility.
3. The officer will provide a mandatory written report detailing the circumstances under which the
person was taken into custody per s. 394 and will give a copy of the report along with the
certificate for involuntary examination to the responsible party at the Receiving Facility.
4. Subject to Section 5 below, the facility to which the individual is brought by law enforcement for
involuntary examination will accept the person and conduct the examination.
5. If the facility has no available beds, or has determined that the person is in need of services from a
different facility (including medical), arrangements for a safe and appropriate transfer of the
individual to a different receiving facility/medical facility will be made by the facility that first
received the individual. The facility will not ask an officer to transport or escort such an individual.
6. The receiving facility will ensure that the individual receives the mandatory initial involuntary
examination before release. If the person is not appropriate for admission, the individual will be
released with a referral to community services as appropriate.
7. When any law enforcement officer has custody of a person based on either noncriminal or minor
criminal behavior that meets the statutory guidelines for involuntary examination, the law
enforcement officer shall transport the person to the nearest appropriate receiving facility for
examination.
8. When a law enforcement officer arrests a person for a felony and it appears that the person meets
the statutory guidelines for involuntary examination or placement under this part, such person
shall be processed in the same manner as any other criminal suspect. The Palm Beach County
Jail shall provide an examination and treatment via contract with a licensed mental health provider
for persons who are charged with a felony who meet the statutory guidelines for an involuntary
examination.
9. The law enforcement officer will inform facility personnel in each situation where an individual has
criminal charges and the facility agrees not to release such persons except back to the law
enforcement agency that brought the individual to the facility. _
10. Crisis intervention trained law enforcement personnel, if available, can be consulted and may
assist law enforcement personnel, hospitals and community mental health facilities with Baker Act
issues.
Teguesta Police Department
Name of Law Enforcement Agency
Signature of Authorized Person for Agency
Michael R. Couzzo, Jr.
Printed Name of Authorized Person
Date MOU Signed by Authorized Person
West Palm Beach Police Department
Name of Law Enforcement Agency
Signature of Authorized Person for Facility
Printed Name of Authorized Person
Date MOU Signed by Authorized Person