Questions and Answers
What is the primary purpose of the guidelines established by the Escambia County Sheriff's Office?
What is the preferred unit to assign to calls involving mentally disturbed and/or substance-impaired individuals?
Under what circumstances can a person be taken to a designated receiving facility for involuntary examination?
What is the role of the deputy in the Baker Act procedure?
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Which statute designates the Escambia County Sheriff's Office to transport persons to a mental health facility?
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What is the purpose of the involuntary examination under the Baker Act?
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What happens if the Mental Health Co-Responder Unit is unavailable?
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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?
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What is a prerequisite for considering involuntary examination?
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What is the purpose of contacting Lakeview's Mobile Response Team?
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What should a deputy do if a subject consents to a voluntary mental examination?
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What form should a law enforcement officer complete when taking a person into custody for involuntary examination?
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What should a deputy do if a subject has a medical problem that requires medical attention?
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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?
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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?
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What should a deputy do after completing the Report of Law Enforcement Officer Initiating Involuntary Examination form?
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What is the code for a voluntary mental examination?
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What should be made when dealing with juveniles prior to the initiation of a Baker Act?
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What is the purpose of the Central Receiving Facility (CRF)?
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Where will youth under the age of 18 be transported to when Baker Acted?
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What should be completed when Baker Acting a person?
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Who has been designated to transport persons to a mental health facility?
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What allows a law enforcement officer to take immediate steps to protect the health and welfare of an individual?
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What is a criterion for involuntary admission under the Marchman Act?
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When can a deputy implement protective custody measures under the Marchman Act?
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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?
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What is the purpose of notifying the parent or guardian prior to the initiation of a Baker Act?
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What is documented in an offense report when Baker Acting a juvenile?
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What form must a deputy use to execute a written report detailing the circumstances under which a person was taken into custody?
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What is the minimum Breath Alcohol Level required for a person to be ineligible for admission into jail?
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Where can a deputy assist a person who meets the criteria for protective custody?
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Who must be notified when a juvenile is the subject of a Marchman Act?
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What happens to the Marchman Act Form (CF-MH 4002) after it is completed?
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When is a report not required when taking a person into custody for an involuntary Marchman Act?
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What is the responsibility of the receiving facility when it comes to transportation?
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Why may a deputy handcuff a person during transport?
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Under what circumstance can a law enforcement agency hold firearms or ammunition for a longer period than 24 hours?
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What happens to a firearm or ammunition owned by the respondent if a risk protection order is vacated or ends without extension?
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How long is an Ex Parte Order under the Marchman Act valid for, unless otherwise stated?
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What must a law enforcement agency do before returning a surrendered firearm and ammunition to a respondent?
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What form must a deputy complete when transporting an individual to a receiving facility under the Marchman Act?
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What is a requirement for a person receiving a transferred firearm and ammunition from a respondent?
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What is the recommended method for dealing with excited delirium subjects, if authorized under the Use of Force Policy?
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What unit shall establish a training program to ensure that deputies are properly prepared for Excited Delirium?
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What happens to unclaimed firearms and ammunition surrendered by a respondent after 1 year?
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What is a requirement for the Department of Agriculture and Consumer Services to reinstate a license to carry a concealed weapon or firearm?
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What should dispatch do if Excited Delirium is suspected?
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What is a condition for a respondent to transfer their firearms and ammunition to another person?
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Who can file a petition for a Risk Protection Order?
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Who is responsible for transporting an adult under the Baker Act within city limits and under independent police force jurisdiction?
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What is the purpose of a background check on a respondent before returning their firearms and ammunition?
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Where must an action under the Risk Protection Order be filed?
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Can attorney fees be awarded in a proceeding under the Risk Protection Order?
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What is the destination for an adult under the Ex Parte Marchman Act?
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What is a requirement for a law enforcement agency to return a firearm or ammunition to a respondent?
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When can a law enforcement officer use reasonable physical force to gain entry to a premises under the Baker Act?
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How long does the process for the actual return of firearms or ammunition seized or voluntarily surrendered under this paragraph take?
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Who can transport a youth with developmental disabilities from a school setting under the Baker Act?
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Under what circumstances can a law enforcement officer seize and hold a firearm or ammunition under the Baker Act?
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What type of order can a law enforcement officer petition the court for if an individual refuses to surrender firearms or ammunition?
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Who is responsible for transporting a youth Baker Act from a school setting?
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What is the destination for a youth under the Ex Parte Marchman Act?
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When can a law enforcement officer serve and execute an Ex Parte order under the Baker Act?
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What training is recommended for law enforcement officers serving and executing Ex Parte orders under the Baker Act?
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What must a petitioner allege in order to obtain a Risk Protection Order?
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What must a petitioner identify in their petition for a Risk Protection Order?
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What must a law enforcement officer request from a respondent when serving a Risk Protection Order?
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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?
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What must a law enforcement officer issue to a respondent when taking possession of their firearms and ammunition?
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What must a law enforcement officer do with the original receipt for surrendered firearms and ammunition within 72 hours of serving the order?
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What is the purpose of identifying existing protection orders governing the respondent?
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Who must be notified by the deputy when a Risk Protection Order is desired?
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What happens to the surrendered firearms and ammunition after the Risk Protection Order is issued?
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What is the purpose of a Risk Protection Order?
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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.