Florida’s Baker Act provides a legal tool for the protection and treatment of those experiencing a mental health crisis. It allows law enforcement officers, qualified professionals, and judges to commit a person who meets certain criteria to a receiving facility for psychiatric assessment and stabilization. These interventions are life-saving in many cases, but sometimes, they are carried out improperly and without legal basis. Unfortunately, it is not uncommon for facilities to deny that a person has been Baker Acted, even though they are being held against their will. Yet the only other explanation for such a scenario is that they are being falsely imprisoned – a third-degree felony.
In this article, we unpack the difference between a Baker Act hold and false imprisonment, and explain why it is important that you immediately contact a Baker Act attorney to secure your release if you are being held against your will.
What Is An Involuntary Baker Act Hold?
Regardless of whether a Baker Act is being carried out by law enforcement, a qualified professional, or a judge, three criteria must first be met.
- First, the subject of the Baker Act hold must be suffering from serious mental illness (referred to as ‘mental or emotional impairment’ in the Act). Their condition must be so serious that they have lost the ability to perceive reality or control their actions, hindering their capacity to meet the demands of daily life.
- Second, they must have refused a voluntary psychiatric assessment, or must be incapable of determining if such an assessment is necessary.
- Third, it must be evident that without a Baker Act intervention and treatment, the person is likely to suffer harmful neglect, or they are likely to cause themselves or others serious bodily harm.
Once an involuntary Baker Act has been initiated and the person detained has been taken to a receiving facility for assessment, they must be immediately examined by a qualified medical professional (such as a psychiatrist, physician, clinical psychologist, or other licensed mental health professional). They can only be held for assessment for a maximum of 72 hours (12 hours in the case of a minor), and must thereafter be released, give informed consent to remain on a voluntary admission basis, or the facility must file a petition for extended detention.
If the examining professional determines that further stabilization is necessary, the facility must petition the court to order that the individual undergo treatment for a longer period (up to a maximum of six months). This petition must be initiated within the 72-hour hold period. At the court hearing, the person detained for treatment is entitled to be represented by counsel to argue for their release.
What Is False Imprisonment?
When a person is being held against their will, this may constitute the crime of false imprisonment. Under Florida law, it is unlawful to confine, imprison, or restrain another person against their will without any lawful authority. In other words, you must have a legal basis for detaining a person against their will. False imprisonment is a punishable offense, and those convicted of this crime may be sentenced to up to five years in prison or issued a $5,000 fine.
Key Differences Between False Imprisonment And A Baker Act Hold
Occasionally, Baker Act attorneys are contacted by the family member of a person who is being held against their will, but it is unclear whether they have been Baker Acted. For example, a person may attend a hospital for medical services and then decide not to proceed with the treatment recommended to her. The hospital’s staff may hold her against her will because she is refusing treatment, but they may not explicitly state that they have invoked the Baker Act when doing so. Although these cases are rare, they do occur, and it’s important that you contact a Baker Act attorney to demand your release immediately if you find yourself (or a loved one) in this scenario. To distinguish between a Baker Act hold and false imprisonment, keep the below key differences in mind.
Legal basis
A Baker Act hold is founded upon a medical or legal assessment that determines the person being held meets certain criteria that justify a mental health intervention. In the case of false imprisonment, there is no legal justification for the person’s detention.
Due process
When done correctly, the Baker Act protects the due process rights of the detained person: they are entitled to attend a hearing and be represented by a Baker Act attorney to argue for their release. False imprisonment, by its very nature, is not a legal process but a crime, and so there is no protection of the person’s due process rights: their freedom is taken away arbitrarily.
Legal action to follow
In the case of a Baker Act hold (including purported Baker Acts that turn out to be unlawful due to a misapplication of the Act’s criteria), the person detained can take legal action to challenge the involuntary Baker Act hold. In the case of false imprisonment, a criminal charge may be laid.
Exceptional Baker Act Attorneys Can Secure The Release Of Your Loved One
If your loved one is being detained by a hospital, clinic, or other facility without a clear legal basis, it is imperative that you contact a reputable Baker Act attorney as soon as possible. When a hospital or other institution holds your loved one against their will, there are only two interpretations of the circumstances: either the hospital has carried out a Baker Act hold in all but name, or they are falsely imprisoning your loved one. Regardless, you will need an experienced Baker Act attorney to secure their release.
Our team is ready to assist you in navigating this complex and distressing situation: contact us around the clock at 855-429-0074 for emergency legal assistance.