General Resources / Legal Resources / Medical Resources / Briefing Papers / State Activity    
Hospital Closures / Preventable Tragedies / Press Room / Search Our Site / Home

The Orlando Sentinel

January 19, 2003

Copyright 2003 Orlando Sentinel. Reprinted with permission. All rights reserved.


EDITORIAL
Sensible Change
Our Position:  Judges Should Be Allowed
To Order Treatment For Disturbed Behavior

Society struggles mightily with the issue of mental illness. The idea of forcing medical treatment on anyone seems contrary to America's commitment to individual freedoms. Yet few object when police instead throw the mentally ill into jail for acting in bizarre or disruptive ways.

Florida law reflects this reluctance to address the problem realistically. The Baker Act requires that the mentally ill be a danger to themselves or others before a judge can order even an evaluation. Early intervention isn't possible without the person's cooperation, but nearly half the severely mentally ill don't grasp their need for medical care. Simply put, their illness tells them they're not ill. Reform is needed. People are landing in jail, over and over again, because they will not voluntarily take their medication. They act out in ways that involve police, yet don't meet the Baker Act's strict standards. Some end up dead in violent episodes that could have been prevented with earlier intervention.

When the Baker Act does apply, it increasingly is law-enforcement officers -- not mental-health professionals -- presenting cases to the court. That's unacceptable.

The Florida Sheriff's Association proposes a modest reform aimed at the population that costs the criminal-justice system the most -- those with serious mental illness who have been repeatedly arrested or subject to the Baker Act. The measure deserves approval in the upcoming legislative session.

The target group is small -- made up of fewer than 10,000 people statewide. But its size is deceptive. This troublesome minority is all too familiar to police and accounts for one-third of adult Baker Act cases each year. Some of them are homeless.

The proposal would allow early intervention for this group. A judge could order a severely disturbed person to be evaluated or to follow a course of outpatient treatment if the person has one documented episode of violent behavior or two episodes of dangerous behavior within the previous 36 months. Similar measures have worked well in 41 other states.

The sheriffs show political savvy in not seeking additional funding to implement the law in this financially austere year. They argue, convincingly, that the measure could end up saving money in the criminal justice system. In addition, the measure doesn't require that additional services be provided. Judges would not be able to order treatment if services in an area were inadequate or unavailable.

The lack of sufficient mental-health services in Florida shouldn't hold up this legislation. But the state would need to ensure that patients are not ordered into less effective treatment simply because it is cheaper or all that's available. It does little or no good to give them inappropriate treatment.

The sheriffs' measure is not a cure-all for Florida's mentally ill, but it is a humane and cost-effective first step.


READ MORE
Florida activities


general resources | legal resources | medical resources | briefing papers | state activity   
hospital closures | preventable tragedies | press room | search | home

FootnoteImage2.jpg (1088 bytes)
Treatment Advocacy Center

The contents of TAC's website are copyrighted by the Treatment Advocacy Center unless otherwise indicated. All rights reserved and content may be reproduced, downloaded, disseminated, or transferred, for single use, or by nonprofit organizations for educational purposes only, if correct attribution is made. TAC is an I.R.C. � 501(c)(3) tax-exempt corporation. Donations are appreciated and are eligible for the charitable contribution deduction under the provisions of I.R.C. � 170. Please note that TAC does not accept funding from pharmaceutical companies or entities involved in the sale, marketing, or distribution of such products.
Treatment Advocacy Center (TAC), 200 N. Glebe Road, Suite 730, Arlington, VA 22203
703 294 6001/6002 (phone) | 703 294 6010 (fax) | www.treatmentadvocacycenter.org (website)
[email protected] (general email) | [email protected] (press contact)
[email protected] (webmaster)