The Baker Act and Marchman Act: Involuntary Commitments & the Process

Addiction is terrifying for the person struggling with it. But we must never forget that it also affects their loved ones. Moreover, drug addicts and alcoholics often cannot see the need for treatment or refuse to participate in their recovery. Fortunately, there are options, like the involuntary commitment with the Baker Act and the Marchman Act. These acts allow family members to get their struggling loved ones the help they desperately need, whether it´s drug addiction treatment or alcohol rehab.

These legal options might seem like forcing acts, pushing people into something they do not want or are not ready for. It´s important to think from a long-term perspective and keep in mind that substance use and mental health issues can cloud one´s judgment. Family and friends are the most important support systems a person can have, and their choice to use the Baker Act and Marchman Act is a sign of them stepping up to help a loved one. We at We Level Up California are there to help in this noble quest.

The Baker Act and Marchman Act Overview

Getting loved ones into treatment often starts with encouragement or interventions, but these efforts are sometimes rejected. In these situations, the Baker Act and Marchman Act allow legal action to force someone into substance abuse and mental health treatment. Sometimes, this is the only option.

The Baker Act is used to get a loved one emergency psychological care. The Marchman Act is used to get a loved one into substance abuse treatment.

The Baker Act

The Baker Act, formally known as the Mental Health Act of 1971, is a Florida statute, but it became the default name for any involuntary hold laws in the United States. It was named after Maxine Eldridge Baker, a county representative who sponsored the act. The act dramatically and comprehensively revised Florida’s 97-year-old mental health laws. The Baker Act prohibited the retention of persons without just cause. 

This statute provides an involuntary mental health examination to an individual who is:

1. believed to have a mental illness
2. of harm to themselves or others (including self-neglect)

California law allows police officers and certain mental health professionals to take you into custody if they believe that, because of your mental illness, you are likely to cause or suffer specific kinds of harm. This is often referred to as a “5150 hold,” named after the regulation authorizing it (Welf. & Inst. Code (WIC) § 5150.).

Under this law, you can be held for up to 72 hours if you meet certain criteria. This is not a criminal arrest. During that period, mental health professionals will examine you to determine whether you can be safely released, whether voluntary services would be appropriate, or whether you need additional treatment. If a professional determines you need additional treatment, and if they also believe that you are either unwilling or unable to accept voluntary treatment, then they may file another hold for up to an additional 14 days. (The Lanterman-Petris-Short (LPS) Act, Code (WIC) § 5150.)

Although a person can start the Baker Act on their own, most often, judges, doctors, or police officers initiate it. During a crisis situation, such as threats of suicide or self-harm, a third party can submit an affidavit to get an individual “baker-acted” through the circuit court.

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The Process of Acting on the Baker Act 

1. A law enforcement officer, a doctor, or a sworn affidavit from another person commits the individual.
2. A law enforcement officer takes the person into custody and transports them to a mental health facility.
3. The individual is examined and placed on a psychiatric hold for no more than 72 hours.
4. The patient is given a mental health evaluation, and based on the results, further treatment is recommended.

The Mental Health Act provides an option for loved ones who recognize that something has to be done before an individual hurts themselves or others. It is not uncommon for drug addicts and alcoholics to feel so hopeless and helpless that they turn to suicide. The Baker Act is a legal way to avoid this tragic end and give assistance to a loved one when they cannot or will not make the decision for themselves.

The Marchman Act

The Marchman Act, officially the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, is a statute that assists families in getting their loved ones court-ordered and monitored stabilization and long-term treatment for substance abuse. Enacted in 1993 and named after H. S. Marchman, a Florida attorney who played a significant role in advocating for its implementation, the law allows for the involuntary assessment, stabilization, and treatment of those who are deemed unable to make the decisions for themselves. 

“Substance abuse is a major health problem with profoundly disturbing consequences such as serious impairment, chronic addiction, criminal behavior, vehicular casualties, spiraling health care costs, AIDS, and business losses. A disease which affects the whole family and the whole society requires specialized prevention, intervention, and treatment services that support and strengthen the family unit.” (The Florida Marchman Act – F.S. §397.305)

The Marchman Act can be initiated for alleged substance abusers who have lost self-control and either pose a threat to themselves or others or suffer serious judgment impairment. As with the Baker Act, this law allows intervention before it´s too late; it provides people with a legal framework to act in order to prevent self-harm and help their loved ones struggling with substance abuse. 

The Process of Acting on The Marchman Act

1. A sworn affidavit is signed at the local county courthouse or clerk’s office.
2. A hearing is set before the court after a Petition for Involuntary Assessment and Stabilization is filed.
3. Following the hearing, the individual is held for up to five days for medical stabilization and assessment.
4. A Petition for Treatment must be filed with the court and a second hearing is held for the court to review the assessment.
5. Based on the assessment and the recommendation that the individual needs extended help, the judge can order a 60-day treatment period with a possible 90-day extension if necessary.
6. If the addict exits treatment in violation of the judge’s order, the addict must return to court and answer to the court as to why they did not comply with treatment. Then, the individual is returned immediately for involuntary care.
7. If the addict refuses, they are held in civil contempt of court for not following the treatment order and are ordered to either return to treatment or be incarcerated.

In many cases, the threat or initial filing of the Marchman Act is enough to get reluctant addicts to agree to treatment to avoid legal and personal hassle. Because addiction is a medical condition, the process is strictly confidential. All hearings are held in closed courtrooms, and the Federal HIPPA law protects all assessment and treatment records.

Which States Have the Baker Act and Marchman Act?

Both the Baker Act and the Marchman Act originated in Florida but have since spread to other US states. The majority of states offer the Baker Act and Marchman Act under their statutes (although their names might be different), including the following states:

These laws have saved countless lives in the past, including those who have attended treatment programs at We Level Up California. It may be the best course of action to save someone’s life, which is why involuntary commitment with the Baker Act and the Marchman Act found their supporters in so many states.

Involuntary Commitment with the Baker Act and the Marchman Act

Almost all states have involuntary commitment standards similar to the Baker Act and Marchman Act. These can include both inpatient and outpatient care. Since these laws vary on a state level, the filing criteria can also vary.

• California: 5150 (72-hour hold)
  • This law allows involuntary psychiatric hold of a person deemed a danger to themselves or others or gravely disabled by their mental health condition (e.g., a person with schizophrenia is experiencing impairing visual hallucinations). 
• Pennsylvania: 302 (5-day hold)
  • This law permits involuntary commitment of those considered dangerous for themselves and others  (e.g., a person with depression is showing signs of suicidal intent). After the initial hold, further involuntary commitment requires additional legal proceedings.
• Ohio, Indiana, and Kentucky: Casey’s Law
  • Under this law, a family member or a loved one can petition the court for involuntary commitment of individuals suffering from substance abuse who do not recognize the need to address it (e.g., an alcoholic who believes they do not have an alcohol problem and do not need alcohol addiction treatment). 
• New Jersey: Assisted Outpatient Treatment (AOT)
  • This law refers to court-ordered AOT for those struggling with serious mental health issues and who have in the past shown non-compliance with treatment that has led to repeated hospitalizations or incarcerations. The law aims to stabilize communities. 
• New York: Kendra’s Law
  • According to this law, a person with a mental illness can be admitted to court-ordered AOT if they are unlikely to survive safely in the community without supervision. The goal is to ensure that people with severe mental problems get treatment to prevent relapse and harm. 

Be Proactive Rather Than Reactive

Involuntary care is a tough situation for everyone involved. No one wants to be held against their will, but being proactive versus reactive in these situations can potentially save a life. It is important that an individual who needs treatment gets the help they need. When all else fails, a push in the right direction can be a turning point towards recovery. 

While it can seem extreme, involuntary commitment to psychiatric care has saved many addicts and alcoholics in the past and continues to serve as a necessary push into recovery for those who need it.

If you have questions about whether or not an involuntary commitment with the Baker Act and the Marchman Act to a loved one is the right option, contact We Level Up California anytime.

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