(
Florida Statute 394.451-394.47891
[1] (2009 rev.)), commonly known as the "
Baker Act," allows the
involuntary institutionalization and examination of an individual.
The Baker Act allows for involuntary examination (what some call
emergency or involuntary commitment). It can be initiated by judges, law enforcement officials, physicians, or mental health professionals. There must be evidence that the person:
- possibly has a mental illness (as defined in the Baker Act).
- is in danger of becoming a harm to self, harm to others, or is self neglectful (as defined in the Baker Act).
Examinations may last up to 72 hours after a person is deemed medically stable and occur in over 100
Florida Department of Children and Families-designated receiving facilities statewide.
[2]
There are many possible outcomes following examination of the patient. This includes the release of the individual to the community (or other community placement), a petition for involuntary inpatient placement (what some call civil commitment), involuntary outpatient placement (what some call outpatient commitment or assisted treatment orders), or voluntary treatment (if the person is competent to consent to voluntary treatment and consents to voluntary treatment). The involuntary outpatient placement language in the Baker Act took effect as part of the Baker Act reform in 2005.