Resolution 2001-5

July 24, 2001

WHEREAS, the Florida Sheriffs’ Association (hereinafter “FSA”) and the FSA Subcommittee on Mental Health and Substance Abuse considered the adverse impact of the Florida Mental Health Act (hereinafter “Baker Act”) on law enforcement personnel, jail administrators, public safety and the quality of life for individuals with mental illnesses; and

WHEREAS, the Baker Act requires that an individual be a danger to self or others (threat of substantial harm to self and/or substantial likelihood of serious bodily harm – Florida Statutes �394.4625) before medical treatment can be provided for someone who refuses needed psychiatric treatment (hereinafter “dangerousness standard”) while the majority of states incorporate standards that are based on the need-for-treatment; and

WHEREAS, Florida is one of only nine states that does not allow for court-ordered community treatment (hereinafter “assisted outpatient treatment”) for individuals who refuse to accept needed treatment for a severe mental illness; and

WHEREAS, law enforcement was responsible for initiating nearly 36,000 certificates for involuntary psychiatric examinations under the Baker Act reported in the year 2000, which was 44% of all Baker Act initiations and nearly as many as those initiated by mental health professionals; and

WHEREAS, law enforcement agents were at significant risk because 82% of the Backer Act cases (30,000) specified that there was a “substantial likelihood that the subject would cause serious bodily harm to self or others in the future as evidenced by recent behavior”; and

WHEREAS, a serious consequence of failing to treat severe mental illnesses is that, on any given day, there are at least five times more people with mental illnesses detained in Florida jails and prisons than are treated in Florida’s state psychiatric hospitals each year; and

WHEREAS, the consequences of non-treatment, including incarceration, suicide, homelessness, worsening symptoms, victimizations and violence, can be prevented by reforming the Baker Act to require treatment based on the need-for-treatment rather than just dangerousness for those who refuse it; and

WHEREAS, the consequences of non-treatment can also be prevented by reforming the Baker Act to allow for assisted outpatient treatment for individuals who are in need of treatment but refuse it.

THEREFORE, BE IT RESOLVED, that the Florida Sheriffs’ Association and the FSA Subcommittee on Mental Health and Substance Abuse, seek to improve officer safety and quality of life for the public and persons with severe mental illnesses by making reform of the Florida Mental Health Act (Baker Act) to include a need-for-treatment standard and assisted outpatient treatment a high legislative priority.

PASSED AND ADOPTED THIS 24TH DAY OF JULY, 2001, BY THE BOARD OF DIRECTORS OF THE FLORIDA SHERIFFS’ ASSOCIATION.

FLORIDA SHERIFFS’ ASSOCIATION

Sheriff Don Eslinger

President, Florida Sheriffs’ Association

ATTEST:

J.M. “Buddy” Phillips

Executive Director, Florida Sheriffs’ Association