Policy Text
POLICY
200.0MARCHMAN ACT ( Chapter 397, Florida Statute)
REVISED: 11/2011 RELATED POLICIES:
Reviewed by Chief David Magnusson
5/2019
A.PURPOSE
The purpose of this policy is to provide guidelines to Department Members when it is
necessary to remove a citizen from his/her environment due to substance abuse (not
mental illness) in a situation where an arrest may not be the best course.
B.DEFINITIONS
1.“Substance Abuse” means the use of any substance if such use is unlawful or if
such use is detrimental to the user or to others, but is not unlawful.
2.“Substance Abuse Impaired” means 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.
3.“Habitual Abuser” means a person who is brought to the attention of law
enforcement for being substance impaired, who meets the criteria for involuntary
admission in §397.675 Florida Statute, and who has been taken into custody for
such impairment three or more times during the preceding 12 months.
4.“Licensed Service Provider” means a hospital licensed under Chapter 395 Florida
Statute, which offers substance abuse impairment services, a detoxification unit, a
residential treatment facility or outpatient treatment.
C.CRITERIA FOR INVOLUNTARY ADMISSIONS
A person meets the criteria for involuntary admission if there is good faith reason to
believe the person is substance abuse impaired and, because of such impairment:
1.Has lost the power of self-control with respect to substance use; and either
2.Has inflicted, or threatened or attempted to inflict, or unless admitted is likely to
inflict physical harm to himself or herself or another; or;
Is in need of substance abuse services and by reason of substance abuse
impairment, his or her judgement has been so impaired that the person is
incapable of appreciating his or her need for such services and of making a
rational decision in regard thereto; however mere refusal to receive such service
does not constitute evidence of lack of judgment with respect to his or her need
for such services.
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D.PROTECTIVE CUSTODY
1.A law enforcement officer may implement protective custody measures as
specified in this part when a minor or an adult who appears to meet the
involuntary admission criteria is:
a.Brought to the attention of law enforcement; or
b.In a public place
2.A person in circumstances which justify protective custody, may consent to be
assisted by a law enforcement officer to his or her home, to a hospital or to a
licensed detoxification facility, whichever the officer determines is most
appropriate.
3.A person in circumstances which justify protective custody fails or refuses to
consent to assistance and a law enforcement officer has determined that a hospital
or a licensed detoxification facility is the most appropriate place for the person,
the officer may, after giving due consideration to the expressed wishes of the
person:
a.Take the person to a hospital or licensed detoxification facility against the
person’s will but without using unreasonable force; or
b.In the case of an adult, the act authorizes detaining the person for his or
her own protection in any municipal or county jail. However, if a
Marchman Act has not committed a crime, they can be transported directly
to Jackson Memorial Hospital Crisis Center or Bayview Crises or a
licensed detox center.
c.In the case of a minor, they are NOT to be placed in jail but must be
transported to a facility (Citrus Mental Health 4175 W 20 Avenue,
Hialeah), which maintains secure beds for minors.
As with adults, the hospital shall be called prior to transportation of the
minor to assure bed space and appropriateness (305) 825-0300.
4.The law enforcement officer must notify the nearest relative of a minor in
protective custody, as must the nearest relative of an adult, unless the adult
requests that there be no notification.
5.A law enforcement officer acting in good faith pursuant to this part may not be
held criminally or civilly liable for false imprisonment. (§ 397.6775, Fla. Statute.)
6.Any officer taking a person into custody under this section shall complete a
narrative report. The report shall include:
a.How the individual was brought to the attention of the police.
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b.How it was determined that the person had lost the ability to make
decisions regarding their treatment.
c.How they posed a danger to themselves or others.
E.VOLUNTARY ADMISSIONS
1.A person who wishes to enter treatment for substance abuse may apply to a
service provider for voluntary admission.
2.Juveniles do not need the consent of their parents in order to enter a substance
abuse program, although the parents will be consulted and may be required to
participate in the program.
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