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Date: 07/03/97 Revision: 09/11/24 Reviewed: 09/11/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 505.02 Page: 1 of 5 SUBJECT: BAKER 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 Florida’s Baker Act as p rovided for in Florida Statute 394.463. II. SCOPE : This procedure shall apply t o all sworn Sheriff's Office personnel . III. DISCUSSION : The Sheriff’s Office r ecognizes the need of the community to be secure in regard to the protections enac ted under Florida's Baker Act. Florida’s Baker 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 harmful to themselves or others and need involuntary examination for mental health purposes are taken to a qualified receiving facility. IV. DEFINITIONS : A. Clinical Record - All parts of the record required to be maintained and includes all medical records, progress notes, charts, and admission and discharge data, and all other information recorded by facility staff which pertains to the patient’s hospitalization or treatment. B. Incompetent to Consent to Treatment - A state in which a person’s judgment is so affected by a mental illness that he /she lacks the capacity to make a well -reasoned, willful, and knowing decision concerning his /her medical, mental health, or substance abuse treatment. C. Law Enforcement Officer - Has the same meaning a s provided in Florida St atute 943.10 , which includes a Sheriff’s Office law enforcement deputy . D. Mental Illness - An impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, of which impairment substantially interferes with the person’s ability to meet t he ordinary demands of living. T his term does not include a developmental disability, intoxication, or conditions manifested only by antisocial behavior or substance abuse. E. Recei ving Facility - A public or private faci lity or hospital designated by the Department of Children and Families to receive and hold or refer, as appropriate, involuntary patients under emergency c onditions for mental health or substance abuse evaluation and to provide treatment or transportation to the appropriate service provider. The term does not include a county jail. V. INVOLUNTARY EXAMINATIONS : A. Criteria for Involuntary Examinations 1. Law enforcement officers are empowered by Florida Statute 394.463 to take any person into custody and deliver him /her to a receiving facility for involuntary GEN 505.02 09/11 /24 Page 2 of 5 examination if there is reason to believe he /she is mentally ill and that because of his/her menta l illness the following applies: a. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or b. The person is un able to determine for himself/ herself whether an examination is necessary; and c. Without care or treatment, the person is likely to suffer from neglect o r refuse to care for himself/ herself; such neglect or refusal poses a real and present threa t of substantial harm to his/ her well -being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or d. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself/ herself or others in the near future, as evidenced by recent behavior. B. Methods for Involuntary Examinations 1. An involuntary examination may be initiated by any one of the following means: a. A circuit or county court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination and specifies the findings on which this conclusion is based. If the person refuses to voluntarily appear for an outpatient evaluation, then a law enforcement officer (or other designated agent of the court) shall take the person into custody and deliver him /her to an appropriate, or the nearest, facility as designated under Florida Statute 394.462 to conduct the involuntary examination in accordance with the ex parte orde r. (1) Ex parte orders may be served and executed on any day of the week at any time of the day or night. (2) When practicable, a law enforcement officer who has received Crisis Intervention Team (CIT) training shall be assigned to serve and execute the ex parte order. ( See section GEN SOP 505.03 titled “Ex Parte and Pick Up Orders” for further instructions .) b. Law enforcement officer s coming into contact with a person , who reasonably appears to meet the criteria shown above ( see section V. A.), shall take that person into custody and either personally deliver the person or have him or her delivered to an appropriate, or the nearest, receiving facility , as de signated und er Florida Statute 394.462 , to conduct the involuntary examination. c. A physician, clinical psychologist, psychiatric nurse, mental health counselor