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2022-252A
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2022-252A
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receiving facility if neither apply. The receiving facility shall be responsible for <br />promptly arranging for the examination and treatment of the person. The receiving <br />facility is not required to admit a person charged with a crime for whom the facility <br />determines and documents that it is unable to provide adequate security but shall <br />provide examination and treatment to the person where he or she is held." <br />2. <br />3. Minor Criminal Offenses (Includes some misdemeanors and non -criminal <br />offenses) Pursuant to chapter 394.462(1)(g) F.S., when a designated law <br />enforcement agency "has custody of a person based on either noncriminal or minor <br />criminal behavior that meets the statutory guidelines for involuntary examination <br />pursuant to s. 394.463, the law enforcement officer shall transport the person to <br />the appropriate facility within the designated receiving system pursuant to a <br />transportation plan" <br />4. Transportation Upon Stabilization and Assessment under the Baker Act: <br />Upon completion of assessment and stabilization on persons who are designated <br />on hold or "still in custody", law enforcement is responsible for arranging transport <br />to the jail to be booked and/or to the appropriate Baker Act receiving facility. For <br />persons not in custody for a criminal offense and the individual has been stabilized, <br />the hospital or emergency care center shall be responsible for arranging <br />transportation to the appropriate Baker Act receiving facility under this <br />Transportation Plan. <br />Transfer Between Receiving Facilities <br />Once an individual is in a Baker Act receiving facility, there are occasions when that <br />individual needs to be discharged from one Baker Act receiving facility and transferred to <br />another Baker Act receiving facility. Transportation between facilities is coordinated by <br />the transferring Baker Act facility. Law enforcement is not responsible to transport <br />individuals from one Baker Act receiving facility to another unless the individual has <br />criminal changes. In that case, the Indian River County Sheriffs Office shall be noticed <br />prior to transfer and will, provide the transportation. <br />Transfer of Custody: Under section 394.462(3), Custody of a person who is transported <br />pursuant to the Florida Mental Health Act, Part I, of Chapter 394, Florida Statutes, along <br />with related documentation, shall be relinquished to a responsible individual at the <br />appropriate receiving or treatment facility. Law enforcement shall not leave the individual <br />until this has been accomplished. <br />Marchman Act <br />Florida Statutes Chapter 397, commonly called the "Marchman Act" is a means for <br />providing persons suffering from a substance use disorder with emergency services and <br />temporary evaluation for substance abuse treatment, when required, on an involuntary <br />basis. <br />Florida law provides a methodology by which a person believed to suffer from a substance <br />use disorder may be assessed and stabilized to determine if he or she qualifies for I <br />involuntary assessment and stabilization. Under Florida law there are several methods <br />17 <br />
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