Understanding More About the Baker Act
The idea that you could possibly be detained by state officials against your will in the absence of some sort of alleged criminal activity probably seems like an impossible proposition to many people.
While this is by no means an incorrect assumption, it’s important to understand that there are certain exceptions under state law that are both constitutional and exercised quite frequently by law enforcement officials. By way of illustration, consider proceedings held under Chapter 394 of the Florida Statutes, otherwise known as the Florida Mental Health Act and the Baker Act.
In general, a Baker Act proceeding is one in which it is determined whether an individual should be temporarily detained in order to receive the necessary treatment for a mental health issue.
Baker Act proceedings can go one of two ways: voluntary or involuntary. In the former, the parent of a minor or an individual age 18 or older will simply petition the court to be admitted to a local facility where they can be evaluated, diagnosed and treated for a mental health issue. In the latter, things become considerably more complicated.
A person will be involuntary committed in a Baker Act proceeding if the court makes three findings:
- The person is suffering from a mental illness and, as a result, has refused voluntary treatment or is otherwise incapable of determining whether such treatment is necessary.
- The person is incapable of living on their own or with assistance, and there is a substantial likelihood that they will suffer serious bodily harm or cause harm to others in the near future based on their recent conduct.
- Any less restrictive treatment alternative would be inappropriate.
Involuntary proceedings under the Baker Act are typically initiated in one of three ways:
- A certificate is executed by a licensed professional — physician, clinical social worker, clinical psychologist or psychiatric nurse — indicating that 1) they have examined an individual with the last 48 hours and 2) this individual satisfies the findings for involuntary examination mandated by the Baker Act. A law enforcement official will then take the individual to a receiving facility, where they will undergo the necessary examination.
- A law enforcement official takes an individual who appears to satisfy the findings for involuntary examination mandated by the Baker Act into custody and transfers them to a receiving facility, where they will undergo the necessary examination.
- A judge issues an ex parte order declaring that an individual who lives within the jurisdiction of the court appears to satisfy the findings for involuntary examination mandated by the Baker Act. This order is then forwarded to local law enforcement officials who will issue a warrant for the individual, and, after locating them, take them to a receiving facility, where they will undergo the necessary examination.
When it comes to these ex parte orders, it should be noted that the person seeking to have an individual undergo the involuntary examination (i.e., the petitioner) must be able to declare under oath that they have firsthand knowledge of the individual’s behavior and that they had recently discussed the possibility of their undergoing a voluntary examination.
Furthermore, it’s imperative to understand that individuals can only be held for a minimum of 72 hours under an ex parte Baker Act order.
Consider speaking with an experienced legal professional to learn more about your rights and options as they relate to Baker Act proceedings, or other criminal defense matters.
Source: Escambia County Florida Clerk of the Circuit Court and Comptroller, “Court services-Baker Act,” Accessed March 11, 2015
