Baker Act Concerns: A Law Enforcement Perspective

1
Baker Act ConcernsA Law Enforcement Perspective

• James S. Herndon, Ph.D.
• OCSO Staff Psychologist
• 28 April 2000

2
Two Premises

• Under the force of FS 394, a.k.a. the Baker Act,
  law enforcement officers are given authority to
  take into custody and transport to receiving
  facilities persons meeting the criteria of
  dangerousness to self or others.
• Person must refuse voluntary screening and mental
  illness must be considered a factor.

3
Two Musts

• Law enforcement must transport to the nearest
  designated receiving facility.
• Designated receiving facility must accept a law
  enforcement transport.

4
Two Wrinkles

• Receiving facilities come and go. In our county
  there currently exists one public and one private
  receiving facility.
• These facilities dont always accept LE
  transports, and officers feel confused as to
  criteria and facility policy.

5
Two Sides

• Law enforcement seeks to comply with the Baker
  Act by transporting those in need to the
  appropriate facility. No more, no less.
• Limited space and financial constraints force
  facilities to bounce around clients, even when
  delivered by LEO.

6
Too Few

• In a county as large as Orange, with a resident
  population of 600,000 and a tourist population
  of 1 1/2 million at any given time, only two
  Baker Act receiving facilities is simply
  insufficient for demand.
• Theres no place to take clients in crisis,
  except to the jail.

7
Too Far

• With 1003 square miles to cover, it can take up
  to 2 hours for an LEO to transport a client to a
  receiving facility.
• Having only two facilities, both in the center of
  the county, means long trips for most deputies.

8
Too Difficult

• The public facility has a staff which often
  challenge law enforcements decisions with regard
  to criteria and closeness.
• The private facility often pits the ED against
  the psychiatric department, with LEO caught in
  the middle.

9
Too Bad

• Not enough facilities (i.e., bed space) and poor
  geographic dispersion thereof
• Plus, the run around given to LEO and their
  clients means
• Too bad for those needing help!

10
BA/LEO Conclusion

• A solution should consider the whole system, to
  include client demand, facility location and
  cooperation, as well as LEO requirements to carry
  out the law.
• Diversion from jail and swift, effective
  treatment will reduce the revolving door now in
  effect.