NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
GENERAL ORDERS MANUAL
SUBJECT
Baker Act
GO 27
William F. Looper, Chief of Police
EFFECTIVE DATE
REVISION DATE
PAGES
1 of 7
AUTHORITY/RELATED REFERENCES
Florida State Statutes 394.461 – 394.463, Florida Mental Health Act
General Order 5, Arrests
General Order 8, Response to Resistance
General Order 7, Searches
General Order 41, Transporting Prisoners and Civilians
ACCREDITATION REFERENCES
NONE
KEY WORD INDEX
Criminal Conduct ................................................................................. Procedure II
Documentation ..................................................................................... Procedure IX
Involuntary Examination Criteria ........................................................ Procedure I
Legal Guidelines................................................................................... Procedure V
Medical Guidelines............................................................................... Procedure IV
Mentally Ill Juveniles............................................................................ Procedure VII
Protective Custody Guidelines ........................................................... Procedure III
Removal of Firearms............................................................................ Procedure VIII
Search and Seizure .............................................................................. Procedure V
Training ................................................................................................. Procedure X
Voluntary Examinations ...................................................................... Procedure VI
PROCEDURE STATEMENT
Members of the Department will at some point in their duties interact with persons deemed
to be mentally ill. During each contact, officers shall utilize the guidance provided by the
above-cited Florida Statues, specifically chapter 394 of the Florida Mental Health Act,
as well as applicable agency directives in determining the best course of action.
NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
DEFINITIONS
FWBMC: Fort Walton Beach Medical Center
Baker Act: The commonly used term referring to the statutory provisions of Florida
Statute 394, Florida Mental Health Act.
Crisis Intervention Team (CIT): A voluntary designation of members who have received
enhanced training in the recognition of mental illness, crisis intervention and the
assessment of persons experiencing a mental health crisis.
Involuntary Examination: A statutorily approved mental health examination performed
against the wishes of the person being examined.
Protective Custody: The act of a law enforcement officer placing a mentally ill person
in custody in order to deliver the person to an authorized receiving facility.
Receiving Facility: A facility authorized by the State of Florida to receive, evaluate and
treat mentally ill persons who may be a threat to themselves or others.
Voluntary Examination: A statutorily approved mental health examination performed
with the cooperation of the person being examined.
PROCEDURES
I.
INVOLUNTARY EXAMINATION CRITERIA
A. An officer may take a person into protective custody for an involuntary
examination when the officer reasonably believes the person is:
1. Mentally ill, and because of mental illness, refuses the offer of, or is
unable to determine the need for, mental health treatment, or
2. If not immediately taken into custody, the person may:
a. Suffer from neglect,
b. Refuse to care for himself/herself,
c. Cause serious bodily harm to himself/herself, or
d. Cause serious bodily harm to another person.
GENERAL ORDER 27-2
NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
B. Officers shall consider a variety of factors in determining the existence of the
above criteria to include, but not limited to:
1. The person has attempted, or is in the process of committing suicide.
2. The person is in the process of doing physical harm to himself/herself by
starvation, torture, or is living in conditions that create an imminent danger
to the health, safety or welfare of the person.
3. The person is under extreme stress.
4. The person suffers from hallucinations.
5. The person is hysterical.
6. The officer receives information about the person’s behavior from a
credible witness.
II.
CRIMINAL CONDUCT
If an officer has probable cause to believe the mentally ill person has committed
a crime, the officer shall make an arrest decision based upon:
A. The totality of the circumstances surrounding the crime.
B. The guidelines in Florida State Statute 394.462.
C. The guidelines in General Order 5, Arrests.
III.
PROTECTIVE CUSTODY GUIDELINES
A. A back-up officer shall be dispatched whenever an officer encounters, or is
dispatched to a call involving a mentally ill person.
B. If the officer has questions or concerns regarding the decision to take a
person into protective custody for involuntary examination, the officer shall:
1. Resolve the situation in favor of protection of life and property of the mentally
ill person, citizens, and officers.
2. If needed, discuss the situation with his/her supervisor.
3. If needed, discuss the situation with intake staff at the nearest receiving
facility.
GENERAL ORDER 27-3
NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
C. If an officer takes a person into protective custody for an involuntary
examination, the officer shall ensure the person is transported to the nearest
receiving facility for a mental health examination.
D. The officer shall, based upon the mentally ill person’s demeanor, determine
the appropriate mode of transportation; either:
1. Police vehicle, or
2. Ambulance
E. If the transport is by ambulance, the officer(s) shall assist ambulance
personnel as needed in securing the person and loading him/her into the
ambulance.
F. If the transport is by ambulance, and the mentally ill person is physically
aggressive and considered a danger to himself/herself or others, the person
shall be accompanied in the ambulance by at least one (1) officer.
G. The officer shall request the appropriate Communications member advise the
nearest receiving facility the mentally ill person is enroute for mental health
evaluation.
H. In these cases, the officer’s duty is concluded upon the proper delivery of the
person to the nearest receiving facility and the completion of required reports.
The officer is not required to stay at the receiving facility until the mental
health evaluation is completed.
IV.
MEDICAL GUIDELINES
A. When an officer has taken a person into protective custody for an involuntary
examination, and the person is suffering from a physical injury or illness
requiring medical attention, the officer shall ensure the person is transported
to Twin Cities Hospital (TCH) instead of the nearest receiving facility.
B. If the injury or illness is considered serious, and requires immediate medical
attention, the officer(s) shall summon ambulance personnel to the officer’s
location and render appropriate first aid until properly relieved by paramedics.
C. If transported by the officer, he/she shall request a Communications member
advise TCH the mentally ill person is enroute for medical treatment and
mental health evaluation.
GENERAL ORDER 27-4
NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
D. Once at TCH, the officer shall relay all relevant information to appropriate
hospital personnel regarding the person’s suspected mental illness, and the
circumstances surrounding the protective custody for involuntary examination.
E. With the exception noted in subsection F below, the officer’s duty in these cases
is concluded upon the proper delivery of the person to TCH and the
completion of required reports. The officer is not required to stay at TCH until
the mental health evaluation is completed.
F. Officers shall cooperate with reasonable requests from TCH staff regarding
transporting the mentally ill person from TCH to FWBMC (e.g. the person is a
security risk).
V.
LEGAL GUIDELINES
A. Search and Seizure Considerations:
1. If applicable, officers shall use standard search procedures (e.g. search
incident to arrest, stop and frisk, etc.) during encounters with persons who
are mentally ill.
2. The person shall be searched for weapons prior to being placed in a
police vehicle or ambulance.
3. Any contraband discovered during such searches shall be seized by the
officer and, if appropriate, used as evidence in bringing the appropriate
charge(s) against the person.
B. Use of Force Considerations:
1. Officers shall use the guidelines in General Order 8, Response to Resistance
and General Order 41, Transporting Prisoners and Civilians, in determining
the use of physical restraints (handcuffs, seat belts, etc.).
a. When transporting a person for voluntary examination, the use of
physical restraints is not mandatory.
2. If a mentally ill person verbally or physically resists an officer’s efforts to take
the person into protective custody for involuntary examination, the officer
shall use the force reasonably necessary to protect himself/herself and the
person while taking the person into custody.
C. Criminal Record Considerations:
GENERAL ORDER 27-5
NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
1. Solely taking a mentally ill person into protective custody under the Baker
Act shall not be considered an arrest.
2. The Department shall make no record to indicate the mentally ill person was
arrested or charged with a crime when the person was only taken into
protective custody.
VI.
VOLUNTARY EXAMINATIONS
A. The duty of officers in cases where a mentally ill person is requesting a voluntary
admission is advisory only.
B. The officer may facilitate the transportation of the mentally ill person to
FWBMC.
1. Assisting the mentally ill person’s family members or friends in getting
him/her into a private vehicle.
2. Summoning an ambulance, and assisting ambulance personnel in getting
him/her into the ambulance.
3. Providing a transport in the police vehicle with supervisory approval.
VII.
MENTALLY ILL JUVENILES
A. All portions of this policy are applicable when officers contact juveniles who
are mentally ill.
B. During involuntary examination situations
the officer shall make every
reasonable effort to contact the juvenile’s parent(s), guardian(s), or closest
relative.
C. The officer’s duty is concluded upon the proper delivery of the person to the
nearest receiving facility and the completion of required reports. Officers are
not required to stay at the facility until the mental health evaluation is completed.
D. Officers shall cooperate with reasonable requests from the receiving facility
staff regarding transporting the mentally ill juvenile.
GENERAL ORDER 27-6
NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT
E. In voluntary examination situations, the officer shall have the juvenile’s
parents or legal guardian(s) meet the officer and the juvenile at the nearest
receiving facility.
VIII.
REMOVAL OF FIREARMS
A. Officers, while delivering a mentally ill person to a receiving facility, shall remove
and safely secure all duty and back-up firearms/weapons before entering the
facility.
B. When responding to a receiving facility in response to a call for service,
officers shall not remove their duty or back-up firearm/weapons.
IX.
DOCUMENTATION
A. Officers shall comply with reasonable requests by FWBMC and TCH in
completing administrative reports concerning the mentally ill person delivered
to their facility by the officer.
B. All encounters with mentally ill persons, whether an involuntary or voluntary
examination situation, shall be documented in a Department offense report.
Officers are not required to complete a separate Department offense report if
the circumstances surrounding the encounter are documented in a related
Department offense report (e.g. If a mentally ill person is arrested for burglary,
documentation of the mental illness in the burglary report is sufficient).
C. Officers shall complete the appropriate Department report as required by
General Order 7, Searches.
D. If applicable, officers shall complete a Use of Force report (PD-199).
X.
TRAINING
A. Newly hired officers shall receive entry-level training regarding general
guidelines in interacting with mentally ill persons.
B. Officers shall receive refresher training concerning mentally ill persons at least
every three years.
C. Non-sworn members will receive entry-level training and refresher training at
least every three years regarding interacting with mentally ill persons.
GENERAL ORDER 27-7