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Lawmakers told Baker and Marchman act reforms are paying dividends

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Since taking effect July 1, 2024, the reforms have helped maintain a 20% decline in Baker Act commitments over the past five years, and an 17% decline in juvenile commitments

Old CapitolBaker and Marchman act reforms championed last year by an Okaloosa lawmaker, and a $50 million appropriation, are helping improve the way Florida treats addicted and mentally ill suspects, a state official told a House panel last week.

Rep. Patt Maney

Rep. Patt Maney

The funding and HB 7021 by Rep. Patt Maney, a retired judge, are making the system more efficient and treatment more accessible, William Hardin, a deputy assistant secretary with the Department of Children and Families told the House Health Care Subcommittee.

Since taking effect July 1, 2024, the reforms have helped maintain a 20% decline in Baker Act commitments over the past five years, and a 17% decline in juvenile commitments, Hardin said.

Instead of being detained, patients are being referred to alternative treatment with the help of a new network of “regional behavioral health collaboratives,” Hardin said.

“As some of you may know, we had a pre-pandemic high of 210,000 involuntary Baker Acts,” Hardin said. “We’re now below 160,000, 158,000, so progress and great strides continue to be made.”

A key provision gives law enforcement officers the discretion not to initiate a Baker Act detention and instead refer suspects to a clinician or mobile response teams, Hardin said.

Police and first responders historically account for more than half of all Baker Act detentions, Hardin said.

“Thanks to your legislation, they have been afforded additional tools,” Hardin said. “It reflects the trust we place in their judgment and their dedication.”

Marchman Act reforms are making it easier for family members, providers, and police to obtain court-ordered treatment for people with substance use disorders, Hardin said. In the past, people seeking a court order were required to petition a court twice, Hardin noted.

“Your bill strengthened the involuntary petition process to mirror what’s stated in statute for the Baker Act,” he said.

Witnesses are now permitted to appear remotely, freeing treatment providers to spend more time with patients, Hardin said.

More than half of the $50 million, $26.7 million, paid to increase the capacity of crisis stabilizing units, Hardin said. Another $12.8 million funded enhanced discharge planning so patients receive follow up care and are less likely to relapse. Much of that money was used for “care coordinator” positions.

In all the reforms added just 50 new crisis stabilization beds, or a 3% increase from the number of crisis and short-term treatment beds funded by the Office of Substance Abuse and Mental Health, Hardin said.

That allowed the department to treat 5,000 more patients from the previous fiscal year, he said.

Rep. Anna Eskamani, D-Orlando, asked Hardin about $230,000 that was used to create an “Office of Children’s Behavioral Health Ombudsman.”

“Do you feel like that’s an appropriate amount of money?” she said.

Rep. Rita Harris, another Orlando Democrat, said she shared the same concern.

“How are you doing outreach so that the communities know about this new office?”

Hardin said the office has developed flyers and works with the Department of Education and the Department of Juvenile Justice, to spread the word through teachers and concerned parents.

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