SPC College Baker Act and Marchman Act Discussion

n my lifetime, I’ve seen more people than I should have get Baker Acted. Although it’s controversial, I understand firsthand how many lives this provision has saved. I believe it to be one of the most important laws that has been enacted in regard to mental health. Before this law was passed, patients were kept in jail cells while they awaited the judge’s decision to place them in a hospital involuntarily. I can’t imagine. Being in the midst of a mental breakdown, just barely holding on, being scared and confused and alone in a cell…all without my consent. Or being 12 years old and sent to hospital surrounded by strange adults I’ve never seen in my life. Or being told that I can’t call my friends to let them know I’m okay because I already used up my one allotted phone call. Or not even knowing when I would be released. In other words, being almost completely stripped of my rights. Maxine Baker summed it up perfectly when referring to what was happening before the bill was passed. She stated, “In the name of mental health, we deprive them of their most precious possession-liberty”. The Baker Act was necessary because it guaranteed the proper and nondiscriminatory treatment, dignity and human rights of every person. It didn’t prevent patients from communicating with their loved one via phone calls or unopened letters or restrain them if they weren’t a danger to themselves or others. It ensured that protocols were followed, no one was denied emergency services and patients received the treatment they needed to help them return home in a better mental or physical state, as soon as possible. Terrell- The Baker Act, and Marchman Act are good programs to have in the world. It’s a lot of people with clinical problems, that need special help, and not to be judged, or detained without properly seeing what’s causing the problems. The Florida Mental Health Act passed in 1971. The Baker Act was named after Maxine Baker, a former State Rep. from Miami. It services people requiring intensive short-term, or continued treatment. Provides admission, if possible. It also provides emergency services, and temporary detention for evaluation if requested, and provide clinically appropriate setting and return to the community quickly. It also includes three criteria for involuntary commitment, impairment of the mental or emotional process that exercise conscious control. A person has refused voluntary examination if it is necessary. Without treatment, someone is likely to suffer, self-harm, or harming someone else. The Baker Act will help if someone has not broken law. Being detained for a illness thats out of there hand, or mental. Homicidal, Suicidal, or harmful to one’s self, should not be detained without a evaluation, or treatment. Involuntary, and voluntary treatment is helpful for those seek it, and if it is recommended. These facilities will help someone with any abuse, and hopeful keep those from being detained behind a mental illness. Jessica-If I were having a conversation with someone and that person said to me, ” I think they should just lock them all up and throw away the key”, I would first ask that person why s/he feels that way. I would then let that person know that addicts are sick and they need help. Locking them up does not help them to get better, in some cases it can make their issues worse. I would explain that drug courts can help people with substance abuse problems get better and become productive members of society. It gives them a chance to get their lives on track and change. It gives them structure, classes to help them, monitors them for use by completing drug tests, and alcohol screens. If that person wants help and wants to change, this will give him/her the chance. If s/he does not follow the rules and decides to use or violate, then s/he will go to jail at that point. So I think it is a good place to start to help determine if the person wants to try to change or not. I have seen people complete drug court and not get into anymore trouble. As a matter of fact, drug court saved their lives. Andrea-If I was having a conversation with someone who said “I think they should just lock them all up and throw away the key”. First of all I would tell this person that addiction is not so far fetched. Everyone has the potential to become an addict! I would provide the example of the abuse of prescription meds, that then end up in an addiction to street drugs and crime….Second, I would let this person know that incarceration does nothing to break the cycle of addiction, and that drug abuse treatment is proven to reduce both drug abuse and drug related crime. Then I would bring up drug Court. I would tell this person that since the 80’s, in FL, drug court was established to judge drug offenses and treat drug addiction. This Judicial Commitment and Leadership is a collaboration between the criminal justice and substance abuse treatment agencies and community organizations. The Judicial staff from judges, to the prosecutors, lawyers, and other criminal justice practitioners are all trained and educated in substance abuse, addictive behaviors and treatment approaches. Such a court provides custom design treatment programs and addresses the specific treatment needs of the individual in question. It provides adequate supervision for defenders and offenders. Judges closely monitor defendent’s progress in overcoming addiction and they sanction non-compliance. Relapsing is accepted as an element of the treatment process and not as a treatment failure or termination. Drug Court is the way to go for these individuals struggling with drug addiction and criminal behavior.