BAKER ACT 101 — Involuntary Examination Criteria.
A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness both these criteria must be met:
1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or the person is unable to determine for himself or herself whether examination is necessary.
AND
2. 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 there is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.
That is it. A judge or mental health professional “may” initiate the examination – no duty to do so even if they believe the two criteria above are met. However, a law enforcement officer “shall” (=mandatory must) initiate if he/she believes the criteria to be met. The court has to rely on sworn testimony, the mental health professional has to rely on his/her own observations, and the law enforcement officer only has to describe the circumstances under which the person was taken into custody – officers do not have to see the behavior to initiate as long as there are credible witnesses, like a caring family member. The officer still has to have “reason to believe” that the criteria are met. |
