Baker Act

The Baker Act, officially known as the Florida Mental Health Act of 1971, is a law in the U.S. state of Florida that allows certain professionals—such as doctors, mental health practitioners, judges, and law enforcement officers—to detain and involuntarily commit individuals to a mental health facility for up to 72 hours. This action can be taken if there is evidence of violent or suicidal behavior associated with a severe mental health condition or if the individual is at significant risk of harm due to an inability to care for themselves. The act requires that the person be deemed unwilling or unable to voluntarily seek evaluation on their own.

The aim of the Baker Act is to provide a period for assessing the individual’s mental health and addressing any immediate crisis. During this time, an evaluation will determine if the person has a mental health condition and whether they pose a threat to themselves or others. If they are deemed to be no longer a risk, they are typically released after the 72-hour period. The Baker Act also establishes procedures and rules for inpatient voluntary and involuntary admission for assessment and treatment of mental illness, and involuntary outpatient treatment for mental illness.

During the 2021-2022 fiscal year, a total of 170,048 involuntary examinations were conducted under the Baker Act, involving 115,239 individuals, including over 36,000 minors. Individuals with multiple involuntary examinations represented a significant portion of cases, with 21.78% of individuals undergoing two or more exams, accounting for 46.99% of all examinations over a three-year period from 2019-2022. Among minors, 21.23% of children subjected to involuntary examinations in 2021-2022 had been examined at least twice, making up 44.93% of all Baker Act examinations for minors that year. Additionally, 12.40% of involuntary examinations for children were initiated while they were at school, according to the annual Baker Act Report.

Named after Maxine Baker, a former Florida state representative, the act aimed to protect the rights of individuals with mental health challenges by limiting involuntary commitment to those who posed a danger to themselves or others. However, its implementation has been the subject of significant controversy and debate due to its impact and potential consequences.

The nickname has led to the term "to Baker Act" being used as a transitive verb to describe the act of referring someone for involuntary commitment, and "Baker Acted" being used as a passive-voice verb to describe the condition of a person who has been detained in this manner.