Protective Custody 7/16/2024

Questions and Answers

What is the primary purpose of the guidelines established by the Escambia County Sheriff's Office?

To transport individuals to mental health facilities

To establish procedures for encountering mentally disturbed and/or substance-impaired individuals (correct)

To provide medical treatment to mentally ill individuals

To diagnose mentally disturbed individuals

What is the preferred unit to assign to calls involving mentally disturbed and/or substance-impaired individuals?

SWAT Unit

Mental Health Co-Responder Unit (correct)

K-9 Unit

Traffic Unit

Under what circumstances can a person be taken to a designated receiving facility for involuntary examination?

If they are under the influence of substances

If they are homeless

If they refuse voluntary examination after a conscientious explanation (correct)

If they are found to be mentally ill

What is the role of the deputy in the Baker Act procedure?

To transport the individual to a designated receiving facility Signup and view all the answers

Which statute designates the Escambia County Sheriff's Office to transport persons to a mental health facility?

Chapter 394, Florida Statutes Signup and view all the answers

What is the purpose of the involuntary examination under the Baker Act?

To provide a safe environment for the individual and others Signup and view all the answers

What happens if the Mental Health Co-Responder Unit is unavailable?

Procedures outlined in 563.2 are followed Signup and view all the answers

What is the name given to the procedure under Florida law permitting a law enforcement officer to take a person into custody and deliver them to an appropriate receiving facility?

Baker Act Signup and view all the answers

What is a prerequisite for considering involuntary examination?

The person poses a real and present threat of harm to themselves or others Signup and view all the answers

What is the purpose of contacting Lakeview's Mobile Response Team?

To obtain information on the subject via telehealth Signup and view all the answers

What should a deputy do if a subject consents to a voluntary mental examination?

Deliver the subject to the Central Receiving Facility (CRF) for examination Signup and view all the answers

What form should a law enforcement officer complete when taking a person into custody for involuntary examination?

Report of Law Enforcement Officer Initiating Involuntary Examination State of Florida (CF-MH 3100) Form Signup and view all the answers

What should a deputy do if a subject has a medical problem that requires medical attention?

Transport the subject to the ER per EMS protocol Signup and view all the answers

What should a deputy do if a subject requires medical attention for a cut wrist, ingestion of pills, or has attempted suicide, and is compliant or unconscious?

EMS will transport the subject to the ER for medical care Signup and view all the answers

What form should a deputy complete if a subject requires medical attention for a cut wrist, ingestion of pills, or has attempted suicide, and is non-compliant or refuses treatment from EMS?

Report of Law Enforcement Officer Initiating Involuntary Examination State of Florida CF-MH 3052a (July 2023) [65E-5.280, F.A.C.] Form Signup and view all the answers

What should a deputy do after completing the Report of Law Enforcement Officer Initiating Involuntary Examination form?

Hand deliver the form to the ER staff Signup and view all the answers

What is the code for a voluntary mental examination?

13-0-O Signup and view all the answers

What should be made when dealing with juveniles prior to the initiation of a Baker Act?

A reasonable attempt to notify the parent or guardian Signup and view all the answers

What is the purpose of the Central Receiving Facility (CRF)?

To examine subjects who are suffering from a mental illness Signup and view all the answers

Where will youth under the age of 18 be transported to when Baker Acted?

Baptist Hospital Signup and view all the answers

What should be completed when Baker Acting a person?

An offense report Signup and view all the answers

Who has been designated to transport persons to a mental health facility?

The ECSO Signup and view all the answers

What allows a law enforcement officer to take immediate steps to protect the health and welfare of an individual?

The Marchman Act Signup and view all the answers

What is a criterion for involuntary admission under the Marchman Act?

All of the above Signup and view all the answers

When can a deputy implement protective custody measures under the Marchman Act?

When a minor or an adult who appears to meet the involuntary admission criteria is brought to the attention of law enforcement Signup and view all the answers

What happens to a person who is taken into custody for a felony or violent misdemeanor and meets the statutory guidelines for involuntary examination or placement under the Baker Act?

They are processed in the same manner as any other criminal suspect Signup and view all the answers

What is the purpose of notifying the parent or guardian prior to the initiation of a Baker Act?

To obtain consent for a voluntary/involuntary examination Signup and view all the answers

What is documented in an offense report when Baker Acting a juvenile?

The method and number of attempts made to contact the juvenile’s parent, guardian, or other known emergency contact, and the outcome of each attempt Signup and view all the answers

What form must a deputy use to execute a written report detailing the circumstances under which a person was taken into custody?

Marchman Act Involuntary Examination Report (CF-MH 4002) Signup and view all the answers

What is the minimum Breath Alcohol Level required for a person to be ineligible for admission into jail?

.35 Signup and view all the answers

Where can a deputy assist a person who meets the criteria for protective custody?

Home or hospital only Signup and view all the answers

Who must be notified when a juvenile is the subject of a Marchman Act?

The nearest relative or other emergency contact Signup and view all the answers

What happens to the Marchman Act Form (CF-MH 4002) after it is completed?

It accompanies the person to the receiving hospital Signup and view all the answers

When is a report not required when taking a person into custody for an involuntary Marchman Act?

When enforcing an Ex Parte court order Signup and view all the answers

What is the responsibility of the receiving facility when it comes to transportation?

To provide transportation from one facility to another Signup and view all the answers

Why may a deputy handcuff a person during transport?

For officer safety reasons Signup and view all the answers

Under what circumstance can a law enforcement agency hold firearms or ammunition for a longer period than 24 hours?

If a 'Risk Protection Order' is entered under section 790.401, Florida Statute Signup and view all the answers

What happens to a firearm or ammunition owned by the respondent if a risk protection order is vacated or ends without extension?

It is returned to the respondent after a background check and confirmation with the court. Signup and view all the answers

How long is an Ex Parte Order under the Marchman Act valid for, unless otherwise stated?

30 days from the date of signature Signup and view all the answers

What must a law enforcement agency do before returning a surrendered firearm and ammunition to a respondent?

Confirm the respondent is eligible to own or possess firearms and ammunition. Signup and view all the answers

What form must a deputy complete when transporting an individual to a receiving facility under the Marchman Act?

Transportation to Receiving Facility Form Part I Signup and view all the answers

What is a requirement for a person receiving a transferred firearm and ammunition from a respondent?

They must store the firearms and ammunition in a secure location. Signup and view all the answers

What is the recommended method for dealing with excited delirium subjects, if authorized under the Use of Force Policy?

The use of a Taser Signup and view all the answers

What unit shall establish a training program to ensure that deputies are properly prepared for Excited Delirium?

Professional Standards Unit Signup and view all the answers

What happens to unclaimed firearms and ammunition surrendered by a respondent after 1 year?

They are disposed of according to the law enforcement agency's policies. Signup and view all the answers

What is a requirement for the Department of Agriculture and Consumer Services to reinstate a license to carry a concealed weapon or firearm?

Confirmation that the respondent is eligible to have a license. Signup and view all the answers

What should dispatch do if Excited Delirium is suspected?

Dispatch the Co-Responder Team or a CIT-trained deputy to the scene, if available Signup and view all the answers

What is a condition for a respondent to transfer their firearms and ammunition to another person?

The recipient must attest not to transfer the firearms or ammunition back to the respondent. Signup and view all the answers

Who can file a petition for a Risk Protection Order?

A law enforcement officer or law enforcement agency Signup and view all the answers

Who is responsible for transporting an adult under the Baker Act within city limits and under independent police force jurisdiction?

Pensacola Police Department, University of West Florida Police, and Pensacola State College Police Signup and view all the answers

What is the purpose of a background check on a respondent before returning their firearms and ammunition?

To confirm the respondent is eligible to own or possess firearms and ammunition. Signup and view all the answers

Where must an action under the Risk Protection Order be filed?

In the county where the petitioner's law enforcement office is located or the county where the respondent resides Signup and view all the answers

Can attorney fees be awarded in a proceeding under the Risk Protection Order?

No, to either party Signup and view all the answers

What is the destination for an adult under the Ex Parte Marchman Act?

Lakeview Centralized Receiving Facility Signup and view all the answers

What is a requirement for a law enforcement agency to return a firearm or ammunition to a respondent?

All of the above. Signup and view all the answers

When can a law enforcement officer use reasonable physical force to gain entry to a premises under the Baker Act?

When serving and executing an Ex Parte order Signup and view all the answers

How long does the process for the actual return of firearms or ammunition seized or voluntarily surrendered under this paragraph take?

No longer than 7 days Signup and view all the answers

Who can transport a youth with developmental disabilities from a school setting under the Baker Act?

Emergency Medical Services Signup and view all the answers

Under what circumstances can a law enforcement officer seize and hold a firearm or ammunition under the Baker Act?

When the individual poses a potential danger to themselves or others and has made a credible threat of violence Signup and view all the answers

What type of order can a law enforcement officer petition the court for if an individual refuses to surrender firearms or ammunition?

Risk Protection Order Signup and view all the answers

Who is responsible for transporting a youth Baker Act from a school setting?

Emergency Medical Services Signup and view all the answers

What is the destination for a youth under the Ex Parte Marchman Act?

Baptist Hospital Signup and view all the answers

When can a law enforcement officer serve and execute an Ex Parte order under the Baker Act?

On any day of the week, at any time of the day or night Signup and view all the answers

What training is recommended for law enforcement officers serving and executing Ex Parte orders under the Baker Act?

Crisis Intervention Training (CIT) Signup and view all the answers

What must a petitioner allege in order to obtain a Risk Protection Order?

That the respondent poses a significant danger of causing personal injury to themselves or others Signup and view all the answers

What must a petitioner identify in their petition for a Risk Protection Order?

The quantities and types of firearms the respondent owns Signup and view all the answers

What must a law enforcement officer request from a respondent when serving a Risk Protection Order?

That the respondent surrender all firearms and ammunition immediately Signup and view all the answers

What may a law enforcement officer seek from a court if they have probable cause to believe the respondent has not surrendered all firearms and ammunition?

A search warrant Signup and view all the answers

What must a law enforcement officer issue to a respondent when taking possession of their firearms and ammunition?

A receipt identifying all surrendered firearms and ammunition Signup and view all the answers

What must a law enforcement officer do with the original receipt for surrendered firearms and ammunition within 72 hours of serving the order?

File the original receipt with the court Signup and view all the answers

What is the purpose of identifying existing protection orders governing the respondent?

To determine if the respondent is subject to other court orders Signup and view all the answers

Who must be notified by the deputy when a Risk Protection Order is desired?

The Legal Unit Signup and view all the answers

What happens to the surrendered firearms and ammunition after the Risk Protection Order is issued?

They are stored with the law enforcement agency until the order is lifted Signup and view all the answers

What is the purpose of a Risk Protection Order?

To protect the respondent from harming themselves or others Signup and view all the answers

Study Notes

Purpose and Policy

The Escambia County Sheriff's Office (ECSO) has guidelines for encountering mentally disturbed and/or substance-impaired individuals, following Florida Statutes (Baker Act and Marchman Act).
The ECSO aims to ensure persons suffering from mental illness and/or substance impairment are taken into custody and transported to the appropriate facility.

Baker Act Criteria

A person may be taken into custody for involuntary examination if:
- They are mentally ill and have refused voluntary examination.
- They are unable to determine for themselves whether an exam is necessary.
- Without care or treatment, they are likely to suffer from neglect or harm themselves or others.
The Baker Act is not meant for diagnosing the subject; it's for taking them into custody for involuntary examination.

Baker Act Procedures

Responding deputies can:
- Request a CIT-trained deputy to assist.
- Contact Lakeview's Mobile Response Team for assessment and follow-up care services.
- Determine if the subject meets the criteria for a voluntary or involuntary examination.
Voluntary examination:
- Subject consents to mental examination.
- Delivered to The Central Receiving Facility (CRF) for examination.
Involuntary examination:
- Subject does not consent to voluntary examination.
- Taken into custody and transported to CRF for examination.
Medical emergency:
- Subject has a medical problem requiring medical attention.
- Transported per EMS protocol.

Marchman Act

Allows law enforcement to take immediate steps to protect the health and welfare of an individual believed to be substance abuse impaired.
Criteria for involuntary admissions:
- Person is substance abuse impaired or has a co-occurring mental health disorder.
- Has lost power of self-control with respect to substance abuse.
- Is in need of substance abuse services and is incapable of appreciating their need for such services.
Marchman Act does not apply if the impaired person is involved in a criminal offense.

Non-Receiving Facilities

Deputies may respond to private doctor offices to take custody of a person under the Baker Act and/or Marchman Act.
Admitting physician provides necessary paperwork to the deputy before transport.

Documentation

Deputies complete a Marchman Act Involuntary Examination Report (CF-MH 4002) and an offense report documenting the case.
Reports are not required for enforcing an Ex Parte court order or voluntarily transporting someone to their home or nearest hospital.

Receiving Facilities and Transportation

Receiving facilities are responsible for transporting individuals from one facility to another.
ECSO assists receiving facilities with violent subjects.

Ex Parte Court Order

The court may issue an Ex Parte Order directing law enforcement to take an individual into custody and deliver them to a receiving facility.
Law enforcement may use reasonable physical force to gain entry to the premises and take custody of the person.

Excited Delirium

Excited Delirium Syndrome is a specific group of symptoms caused by a disturbance in brain function.
Deputies should use Tasers if authorized under the Use of Force Policy when dealing with excited delirium subjects.

Dispatch

Dispatch should dispatch the Co-Responder Team or a CIT-trained deputy to the scene if available.
EMS personnel should be requested and alerted to the possibility of excited delirium.### Risk Protection Order
A petition for a Risk Protection Order can be filed by a law enforcement officer or law enforcement agency.
The petition must be filed in the county where the petitioner's law enforcement office is located or the county where the respondent resides.
The petition does not require either party to be represented by an attorney.
Attorney fees may not be awarded in any proceeding under this section.

Requirements for Petition

The petitioner must allege that the respondent poses a significant danger of causing personal injury to themselves or others by having a firearm or ammunition in their custody or control.
The petitioner must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent.
The petitioner must identify the quantities, types, and location of all firearms and ammunition believed to be in the respondent's current ownership, possession, custody, or control.
The petitioner must identify whether there is a known existing protection order governing the respondent under applicable statutes.

Surrender of Firearms and Ammunition

Upon issuance of a risk protection order, the respondent must surrender all firearms and ammunition owned by them to the local law enforcement agency.
The law enforcement officer serving the risk protection order must request that the respondent immediately surrender all firearms and ammunition owned by them.
The respondent must surrender any license to carry a concealed weapon or firearm issued under section 790.06, Florida Statute.
The law enforcement officer shall take possession of all surrendered firearms, ammunition, and licenses.

Search Warrant

A law enforcement officer may seek a search warrant from a court of competent jurisdiction to conduct a search for firearms or ammunition owned by the respondent if they have probable cause to believe that there are firearms or ammunition owned by the respondent that have not been surrendered.

Receipt and Filing

At the time of surrender, a law enforcement officer must issue a receipt identifying all surrendered firearms and ammunition, and any license surrendered.
The law enforcement officer must provide a copy of the receipt to the respondent.
Within 72 hours after service of the order, the law enforcement officer must file the original receipt with the court.

Return and Disposal of Firearms and Ammunition

If a risk protection order is vacated or ends without extension, a law enforcement agency holding a surrendered firearm or ammunition must return it to the respondent only after confirming through a background check that the respondent is currently eligible to own or possess firearms and ammunition under federal and state law.
If a respondent does not claim the surrendered firearms and ammunition within 1 year, it shall be disposed of in accordance with the law enforcement agency's policies and procedures.

Transfer of Firearms and Ammunition

A respondent may elect to transfer surrendered firearms and ammunition to another person who is willing to receive them.
The law enforcement agency must allow such a transfer only if the chosen recipient is eligible to own or possess a firearm and ammunition, and attests to storing them in a manner that the respondent does not have access to or control of them until the risk protection order is vacated or ends without extension.

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Description

Guidelines for law enforcement officers to handle mentally disturbed and substance-impaired individuals according to Florida Statutes. Covers Baker Act and Marchman Act protocols.