Baker Act

Overview
Enacted in 1971, the Baker Act is a statute of the state of Florida aimed at protecting the rights of persons with mental illness along with maintaining public safety. The act was named for then-Representative, Maxine Baker, who was known for having an interest in mental health issues, and serving as chair for the Florida House of Representatives on mental health. Its intent was to promote the use of community-based mental health care instead of institutionalizing persons with mental illness.

The Baker Act allows for involuntary examination (what some call emergency commitment). It can be initiated by judges, law enforcement officials, or mental health professionals. There must be evidence that the person a) has a mental illness (as defined in the Baker Act) and b) is a harm to self, harm to others, or self neglectful (as defined in the Baker Act). Examinations may last up to 72 hours and occur in 100+ Florida Department of Children and Families designated receiving facilities statewide.

Many things may occur after the examination. 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 in 2005.