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The Ledger (Lakeland, Florida)

April 5, 2002

Reprinted with permission. Copyright 2002 The Ledger. All rights reserved.

EDITORIAL
Update the Baker Act

" ... it's false economy to ignore the mentally ill until they get into trouble with the law. A study at Duke University, cited by Sheriffs Eslinger and Johnson, concluded that 'assisted outpatient treatment not only reduced arrest rates, but also violence, hospital admissions and length of stays in the hospital. This means people can be treated before they reach crisis.' "

Maxine Baker served in a Legislature made up overwhelmingly of men. Shut out of the inner circles of power in Tallahassee because of gender and age (which she discreetly wouldn't disclose), she devoted her attention to a cause that didn't have many champions: mental health.

In 1971, toward the end of her nine-year career in the Florida House of Representatives, Rep. Baker finally succeeded in passing what she called "The Florida Mental Health Act."

Her title didn't last long. Just prior to final passage, fellow legislators from Dade County, including Rep. Sandy D'Alemberte, now the president of Florida State University, proposed an amendment to give the groundbreaking new law a new name: the Baker Act.

The Baker Act helped move Florida from the dark ages when "Chattahoochee" was regarded as a scare word to a time when mental illness was viewed with compassion. For the first time, Florida had a law that provided a reasonable process for involuntarily committing those whose conduct made them dangerous to themselves or others. "Baker Act" became a verb; to Baker Act a person is to begin the commitment process.

That was a long time ago. Although the Baker Act has been reasonably successful, many now regard it as archaic -- or, at least, in need of urgent revision.

The biggest change, sought by judges and law-enforcement officials, would expand the scope of the Baker Act to permit outpatient civil commitment for those not presently covered by the law -- that is, those who haven't yet committed crimes or otherwise demonstrated that they are dangerous to themselves or others.

This change could make a huge difference to law enforcement, which is ill-equipped to handle the mentally ill. In an opinion piece published in the Orlando Sentinel this week, Sheriffs Donald Eslinger of Seminole County and Ben Johnson of Volusia County noted statistics showing that 20 percent of the justifiable homicides committed by police in the United States occurred in Florida. The victims of those justifiable killings were four times as likely to be mentally ill as not.

"Baker Act reform will affect only people who are repeatedly in crisis," Eslinger and Johnson wrote. "More than 80,000 Baker Act cases were initiated in Florida in 2000. But, in a 21-month period, more than 1,000 people were 'Baker Acted' six or more times. We want to reduce the number of repeat Baker Acts initiated with this group of people."

Outpatient commitment would mean that mentally ill persons could remain free, but under whatever degree of supervision is necessary to ensure that they take their medicines and receive appropriate treatment. Leaving them unsupervised is a sure road to trouble.

The down side? It costs money -- lots of it. And the Florida Legislature isn't in a mood to spend its scarce resources on mental illness-prevention efforts that have little political appeal. Too many other good causes -- with stronger political payback -- are competing for that money.

Still, it's false economy to ignore the mentally ill until they get into trouble with the law. A study at Duke University, cited by Sheriffs Eslinger and Johnson, concluded that "assisted outpatient treatment not only reduced arrest rates, but also violence, hospital admissions and length of stays in the hospital. This means people can be treated before they reach crisis."

The sheriffs have another obvious reason for concern: It is their deputies and officers who are putting their lives on the line when the failure of our mental health system reaches the point of armed conflict.

The state has a moral obligation to mitigate such risks whenever it can. That's not just good politics, it's good citizenship.

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Florida activities | about the Baker Act