Policy Text
Revisions or additions are highlighted 1 (12/18/2024 )
ST. PETERSBURG POLICE DEPARTMENT
GENERAL ORDER
Subject: PERSONS SUFFERING FROM MENTAL ILLNESS
Index as: Baker Act Mental Illness
Court Ordered Admission Mental Illness, Persons Suffering From
Eleos Wellness & Support (formerly PEMHS) Persons Suffering from Mental Illness
Healthcare Professional -Initiated Admissions Receiving Facility
Law Enforcement -Initiated Admissions Voluntary Admissions
Accreditation Standards: 1.1.3, 1.2.6, 4.1.1, 41.2.7, 70.1.1, 70.2.1, 70.3.2 CFA 21.01
Cross Reference: I.O. V.5:36, Risk Protection Orders and related Baker Acts
§§ 112.1815, 394.463(2)(a)(3), 464.0123 Florida Statutes
Replaces : I. O. V.5:01, Me ntally Ill Persons ( September 22, 2023 )
This Directive consists of the following sections:
I. Purpose
II. Definitions
III. Voluntary Admissions
IV. Court Ordered Admissions
V. Health Care Professionals -Initiated Admissions
VI. Law Enforcement -Initiated Admissions
VII. Possession of Firearms and/or Ammunition by a Person Suffering a Mental Illness at the Time of Admission
VIII. Transportation Procedures
IX. Persons Suffering f rom Mental Illness Requiring Emergency or Immediate Medical Treatment
X. Detention of Persons Suffering f rom Mental Illness Charged with Crimes
XI. Reporting
XII. Mental Illness Training
I. PURPOSE
A. The Baker Act ( § 394, F lorida Statutes ) provides for the involuntary evaluation of a person with a mental illness and
because of that mental illness, without care or treatment, is an immediate threat to themselves or others. The
possibility of mental illness and medical intervention should be considered as an alternative to arrest, when
appropriate.
B. This Directive establishes duties, guidelines, and procedures to be used by Department personnel when in contact
with persons needing the emergency mental health services ava ilable under the Baker Act.
II. DEFINITIONS
A. Health Care Professional – A physician, a physician assistant, clinical psychologist, psychiatric nurse, advanced
practice registered nurse under section 464.0123, F lorida Statutes , mental health counselor, marriage and family
therapist or clinical social worker. (§ 394.463(2)(a)(3), F lorida Statutes)
DATE OF
ISSUE EFFECTIVE DATE NUMBER
April 2016 Immediately V.5:01
Distribution: All Employees
Instructional Order V.5: 01
Revisions or additions are highlighted 2 (12/18/2024 ) B. Mental Illness – An impairment of the mental or emotional processes that exercise conscious control of one's a ctions
or of the ability to perceive or understand reality, which impairment substantially interferes with a person's ability to
meet the ordinary demands of living, regardless of the cause or origin of the disease. For the purposes of this Order,
mental i llness does not include a developmental disability as defined in chapter 393. Florida Statues , intoxication,
or conditions manifested only by dementia, traumatic brain injury , antisocial behavior or substance abuse
impairment.
C. Possession –
1. Actual Possession – On the person, in a container the person is holding, or so close as to be within ready reach
and under the control of the person.
2. Constructive Possession – The person knows the firearm or ammunition is present and is located in a place
over which the person has control and the person has the ability to assert dominion over the firearm or
ammunition.
D. Receiving Facility – Any public or private facility or hospital designated by the Department of Children and Famil ies
Services to receive and hold or refer, as appropriate, involuntary patients under emergency conditions for mental
health or substance abu se evaluation and to provide treatment or transportation to the appropriate service provider .
This term does not include a county jail.
III. VOLUNTARY ADMISSIONS
A. If an individual is willing to voluntarily be evaluated by a mental health professional and, because of this, does not
meet the requirements established in the Baker Act, a less restrictive means of transportation, such as a cab or
willing family members, may be used to transport the individual to a receiving facility.
B. The Voluntary Baker Act form should be completed if the individual is transported to Eleos Wellness & Support by
an officer .
IV. COURT ORDERED ADMISSIONS
A. The Baker Act allows people with direct knowledge of a person’s mental illness to provide sworn testimony to initiate
an ex parte order. Citizens who desire to initiate such action should be referred to the Clerk of the Circuit Civil Cou rt.
B. The Pinellas County Sheriff's Office is responsible for taking into custody , and transporting , individuals who are
named in a Baker Act ex parte order.
V. HEALTH CARE PROFESSIONAL S-INITIATED ADMISSIONS
A. The Baker Act grants certain health care professionals the authority to initiate the provisions of the Baker Act.
B. When the provisions of the Baker Act are initiated by a health care professional who has authorit y to do so, an