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BAKER ACT REFORM
Consequences reduced - But not in Florida

[Note: this information was written before Governor Bush signed Baker Act reform into law on June 30, 2004. 
The reform will be effective January 1, 2005.]

The Florida Sheriffs Association is leading the effort to reform the Baker Act to keep those with untreated severe mental illnesses who are too ill to know they need help from getting trapped in the revolving door of short-term hospitalizations, incarcerations, victimization, and violence. 

You only have to pick up a Florida newspaper to confirm that Baker Act reform is long overdue. Newspaper accounts provide ample evidence of the tragedies resulting from Florida's outdated law. Other states use assisted outpatient treatment to reduce hospitalization, homelessness, arrests, incarceration, harmful behavior and victimization. But in Florida, people with severe mental illnesses are still subject to a bad law. The result is, unfortunately, all-too predictable..

Hospitalization Reduced - But Not in Florida 

IN NEW YORK Need for hospitalization reduced by 63 percent (Kendra's Law statistics). 

IN NORTH CAROLINA Need for hospitalization reduced by 57 percent - 72 percent (Duke Studies). 

IN FLORIDA Alan Houseman had been hospitalized under the Baker Act thirteen times. His disproportionate use of emergency psychiatric services ended when he was shot and killed in an altercation with a Tampa police officer after stopping medication. (The Associated Press, March 10, 2003, Tampa Tribune, March 10 and 11, 2003.)

Homelessness Reduced - But Not in Florida 

IN NEW YORK Homelessness reduced by 55 percent (Kendra's Law statistics). 

IN FLORIDA Robert Stephen Mills III, 19, was homeless after moving out of his mother's house because he would not take medication for his bipolar disorder. Miami-Dade police shot and killed him after he lunged at them with a shard of glass. His mother tried to ''Baker Act'' her son at least twice last year, but each time the courts sent him home. (Miami Herald, February 10, 2003.)

Arrests Reduced - But Not in Florida 

IN NEW YORK Arrests reduced by 75 percent (Kendra's Law statistics). 

IN NORTH CAROLINA Arrests reduced by 74 percent (Duke Studies). 

IN FLORIDA A man was arrested after walking into a Jacksonville bank and demanding $50,000 to get something to eat. He told police he had schizophrenia, but stopped taking medication. After he was arrested he sank to his knees and said "I'm Jesus and my people should take care of me." (Florida Times Union, April 16, 2002.)

Incarceration Reduced - But Not in Florida 

IN NEW YORK Arrests reduced by 75 percent (Kendra's Law statistics). 

IN FLORIDA Ryan Thomas Green, 19, remains in Escambia County Jail on charges of first-degree murder and attempted first-degree murder because his trial has been delayed pending psychological evaluations. He is accused of going on a 30-minute shooting spree in a stolen car, killing a 59-year-old retired Pensacola police officer and critically injuring a 26-year-old house painter. He was diagnosed with schizoid tendencies and bipolar disorder, and had quit taking his medications in December. (Pensacola News Journal, February 26 and April 2, 2003.)

Violence Reduced - But Not in Florida 

IN NEW YORK Harm to others reduced by 44 percent (Kendra's Law statistics). 

IN NORTH CAROLINA Violence reduced by 50 percent (Duke Studies). 

IN FLORIDA J.C. Conyers, 40, who had been diagnosed with schizophrenia, was shot and killed by an Orange County deputy after he attacked two deputies with a pitchfork-like tool. He had been arrested at least 21 times and convicted several times for crimes including aggravated battery, driving with a suspended license and dealing in stolen property. His brother explained that he had his biggest problems when he didn't take his medication. (Orlando Sentinel, May 29, 2003.)

Victimization Reduced - But Not in Florida 

IN NORTH CAROLINA Victimization reduced by 50 percent (Duke Studies). 

IN FLORIDA David Bruce Wells is charged with second-degree murder in the beating death of his mother, Colleen Francis Wells. Both David and his mother, the victim, were diagnosed with schizophrenia and were known to stop taking medication. David Wells had been previously involuntarily committed and had an extensive criminal history. (Florida Today, April 1, 2003.)

The results of implementing assisted outpatient treatment are clear - and so is the fact that the list of Florida tragedies will continue to grow without Baker Act reform.

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