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Date: 07/03/97 Revision: 02/17/23 Reviewed: 05/11/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCED URE Number: GEN 505.01 Page: 1 of 4 SUBJECT: MARCHMAN ACT I. PURPOSE : The purpose of this standard operating procedure is to define the guidelines and procedures for taking persons into custody for the purpose of involuntary examinations under the Marchman Act as provided for in Florida Statu tes Chapter 397. II. SCOPE : This procedure shall apply t o all sworn Sheriff's Office personnel. III. DISCUSSION : The Sheriff’s Office recognizes the needs of the community to be secure in regard to the protections enacte d under Florida's Marchman Act. The Marchman Act is designed as a tool for use by the courts, physicians, mental health professionals, and law enforcement officers to ensure that persons , who may be at risk of harming themselves or others and need involuntary admission , are taken to a qualified receiving fac ility to provide substance abuse prevention, intervention, clinical treatment , and recovery support services. IV. DEFINITIONS : A. Habitual Abuser - A person who is brought to the attention of law enforcement for being substance impaired, who meet s the criteria for involuntary admission in Florida Statute 397.675, and who h as been taken into custody for such impairment three or more times during the preceding 12 months. B. Impaired or Substance Abuse Impaired - A condition involving the use of alcoholic beverages or any psychoactive or mood -altering substance in such a manner as to induce mental, emotional, or physical problems and cause socially dysfunctional behavior. C. Informed Consent - Consent voluntarily g iven in writing by a competent person after sufficient explanation and disclosure of the subject matter involved to enable the person to make a knowing and willfu l decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion. D. Involuntary Services - An array of behavioral health services that may be ordered by the court for persons with substance abuse impairment or co -occurring substance abuse impairment and mental health disorders. E. Law Enforcement Officer - Has the same meaning a s provided in Florida Statute 943.10 , which includes a Sheriff’s Office Law Enforcement Deputy . F. Licensed Service Provider - A public agency under Florida Statutes Chapter 397 , a private for -profit or not -for-profit agency under Chapter 397, a physician or any other private practitioner licensed under Chapter 397, or a hospital that offers substance abuse services through one or more licensed service components. G. Substance A buse - The misuse of, abuse of, or dependence on alcohol, illicit drugs, or prescription medications. GEN 505.01 02/17 /23 Page 2 of 4 V. INVOLUNTARY ADMISSIONS : A. Criteria for Involuntary Admissions 1. Law enforcement officers ar e empowered by Florida Statute 397.675 to take any person into custody and deliver him /her to a licensed service provider for involuntary admission if there is a good faith reason to believe that the person is substance abuse impaired or has a co-occurring mental health disorder , and because of such impairment or disorder , the following apply: a. The person has lost the power of self -control with respect to substance abuse; and b. The person is in need of substance abuse services and is so impa ired, they are unable to recognize the need for such services. The person is not capable of making a rational decision for his/ her own care. (Remember a mere refusal to receive substance abuse services does not constitute evidence of lack of judgment wit h respect to their need for such services); or c. Without care or treatment, the person is likely to suffer from neglect o r refuse to care for himself/ herself; that such neglect or refusal poses a real and present threat of substantial harm to his/ her wel lbeing; or d. There is substantial likelihood that the person has inflicted, threatened to inflict , or attempted to inflict physical harm, or unless admitted, is likely to inflict physical harm on himself /herself or another. B. Methods for Involuntary Admissions 1. An involuntary admission may be initiated by any one of the following means: a. A law enforcement officer may take protective custody of a minor or an adult who appears to meet the criteri a set forth in Florida Statute 397.675 (see section V. A. in this SOP ) if brought to the attention of the officer or observed in a public place. b. The person may consent to be assisted by the law enforcement officer to his/her home, to a hospital, or to a licensed detoxification or addiction s receiving facility, whichever the officer deems most appropriate. * c. If the person fails or refuses to consent to a law enforcement officer ’s assistance and the officer has determined that a hospital or a licensed detoxification or addiction s receiving facility is the most appropriate place for the person, the officer may, after giving due consideration to the expressed wishes of the person, follow the below protocol against the person’s will but without using