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BAKER ACT REFORM
Experiences from Other States
On January 1, 2005, Florida will be the 42nd state to enact
a law that allows court-ordered outpatient treatment for people with a severe mental
illness who do not recognize their own need for treatment. Court-ordered outpatient
treatment improves treatment effectiveness and preserves individual liberties. Empirical
data and anecdotal evidence from other states’ officials demonstrate the success of
such programs.
- New York's Kendra's Law went into effect November 1999, and has proven to be beneficial.
Among individuals placed in six months of court-ordered outpatient treatment through
September 2003, 63% fewer were hospitalized, 55% fewer experienced homelessness, 75% fewer
were arrested, and 69% fewer were incarcerated.
- A Duke University study showed that court-ordered outpatient treatment is effective:
long-term assisted outpatient treatment reduced the risk of arrest by 74%, hospitalization
by up to 74%, victimization by 50%, and risk of violence by up to 50%.
"[W]e are dealing with these
cases one way or another.
That is, if we do not handle the
cases on the civil docket for
court-ordered treatment, we
will have to deal with them on
the criminal docket when
crimes are committed, often as
a result of the untreated
symptoms of their illness."
- Wisconsin Circuit Court judge
Ralph M. Ramirez |
- William Martin, who was involved with implementation as the General Counsel for New York
City's Department of Health and Mental Hygiene, called Kendra's Law, "a tremendous
asset in New York for ensuring that individuals with severe mental illnesses who were
previously non-compliant are able to get the sustained treatment they need."
- Wisconsin Circuit Court judge Ralph M. Ramirez described court-ordered outpatient
treatment as a "win-win-win situation." Judge Ramirez explained that
court-ordered outpatient treatment serves as a means of ensuring that individuals with a
severe mental illness who need treatment but who otherwise refuse it:
1) are not arrested by law enforcement, which reduces the risk of injury and
protects public safety;
2) are not institutionalized in jails or hospitals, which saves money; and
3) are treated as patients in their communities, which preserves their dignity.
- Judge Randy T. Rogers, a Butler, Ohio, judge who has many cases involving people with a
severe mental illness, called court-ordered outpatient treatment, "an effective tool
to help sustain a group of individuals in the community with persistent impairment in
decision-making who would otherwise continue to revolve through the doors of hospitals and
jails."
- Fritz Mielke, assistant corporation counsel for Waukesha County, Wisconsin, explained
that his county consistently uses court-ordered outpatient treatment and has seen a
"net result of enhanced compliance" and "a great reduction in
recidivism."
For more on Baker Act reform, including supporting editorials from Florida papers
like The Miami Herald, The St. Petersburg Times, and The Orlando Sentinel,
visit www.bakeractreform.org. (8/04)
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