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Stuart News
April 27, 2003
Reprinted with permission. All rights reserved.
EDITORIAL
Revise the Baker Act
Florida law enforcement officials handle approximately 100 Baker Act commitments of
mentally unstable individuals a day. Compare that to the 71 daily burglary arrests they
log and you can see that something is out of whack.
The
system is failing people with mental health problems. The fact is, many of the commitments
are for repeated breakdowns.
The
Baker Act was written by Rep. Maxine Baker, D-Miami, in 1971, and it was recognized
nationally as a groundbreaking piece of legislation. The act provided a means by which a
person whose conduct made him a danger to himself or others could be committed for
treatment involuntarily. It was an effort at compassionate care.
Experience
has shown, however, that mental health policy needs some adjustment —
*
to care for persons who have repeated episodes requiring additional commitments to a
mental health facility; and
*
to permit outpatient treatment, civil commitment by a judge of persons who have not yet
committed a crime, or shown themselves a danger to anyone.
The
Florida Sheriff's Association and other organizations are supporting a plan to amend the
Baker Act, to keep mentally ill people out of jails and under judicial and medical care.
The change is needed because under the present act, a mentally ill person may be held only
three days, then must be released usually without medical supervision — and before
any medical treatment begins taking effect. Many of the homeless have some form of mental
illness, but for various reasons do not seek treatment and follow doctors' orders.
"We
do not want to be forced to house mentally ill persons in our jail," said Martin
County Sheriff Robert Crowder. "This (jailing of the mentally ill) is an archaic and
sometimes barbaric practice when you consider what happens to them instead of getting
proper treatment. Court-ordered outpatient treatment could help to deal with the problem
that now exists ..."
The
proposed amendment to the act will give the mentally ill a better chance at recovery, say
sponsors of the measure. Any person who has two or more episodes of mental illness, or was
involved in one incident resulting in violence would be eligible for judicial supervision.
Sponsors say most of the people involved would be those who refuse or are unable to
recognize their illness or seek treatment, and thus constitute a danger to themselves or
others.
As
contemplated, the amendment would allow a judge to order medical/psychiatric care and
maintain supervision to ensure compliance. Individuals would have the right to refuse to
accept the care, but they would then be subject to repeated commitments under the Baker
Act.
Florida
is one of only nine states that currently do not allow court-ordered and supervised
outpatient treatment for mental illness. If the change is approved by the Legislature,
many of the estimated 7,000 to 10,000 people jailed for mental illness in Florida would be
relieved of the stigma of jail time, and allowed to receive adequate care. The plan would
free up jail space and give mental health workers opportunity to stand in the place of
police officers.
A
study by Duke University has shown that in the long-term, outpatient care reduces the risk
of arrest or hospitalization by 74 percent, and that the number of patients under such
care are 50 percent less likely to be involved in violent acts. Mental health experts say
that even people who do not recognize or admit their problems will accept and follow
medical care ordered by a judge.
The
proposed revisions of the Baker Act are contained in House Bill 1197 and Senate Bill 2748.
Ask your legislators to support them.
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