The Marchman Act, officially the "Hal S. Marchman Alcohol and Other Drug Services Act of 1993", is a

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

law that provides a means of involuntary and voluntary assessment and stabilization and treatment of a person allegedly abusing alcohol or drugs.

Text of the act

INVOLUNTARY CATEGORIES AND CRITERIA The involuntary assessment and treatment has two categories non-court and court involved admissions. The criteria for involuntary admission is: "There is good faith reason to believe the person is substance abuse

impaired Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, dev ...

and, because of such impairment: 1. Has lost the power of self-control with respect to substance use; AND EITHER 2a. Has inflicted, or threatened or attempted to inflict, or unless admitted is likely to inflict, physical

harm Harm is a moral and legal concept. Bernard Gert construes harm as any of the following: * pain * death * disability * mortality * loss of abil ity or freedom * loss of pleasure. Joel Feinberg gives an account of harm as setbacks to inte ...

on himself or herself or another; OR b. Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that the person is incapable of appreciating his or her need for such services and of making a

rational Rationality is the quality of being guided by or based on reasons. In this regard, a person acts rationally if they have a good reason for what they do or a belief is rational if it is based on strong evidence. This quality can apply to an abi ...

decision in regard thereto; however, mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services. " It is under Title XXIX - PUBLIC HEALTH Chapter 397 -SUBSTANCE ABUSE SERVICES of the Florida Statutes. The links to these paragraphs are listed below: ''PART IV'' ''VOLUNTARY ADMISSIONS PROCEDURES''
397.601
Voluntary admissions. ''PART V'' ''INVOLUNTARY ADMISSIONS PROCEDURES'' 397.675-397.6977
A
General Provisions

Non-court Involved Admissions:

Protective Custody Protective custody (PC) is a type of imprisonment (or care) to protect a person from harm, either from outside sources or other prisoners. Many prison administrators believe the level of violence, or the underlying threat of violence within pris ...

C
Non-court Involved Admissions; Emergency

Non-court Involved Admissions; Alternative Involuntary Assessment for Minors

Court Involved Admissions, Civil Involuntary Proceedings; Generally

Court Involved Admissions; Involuntary Assessment; Stabilization
G
Court Involved Admissions; Involuntary Treatment ''PART VII'' ''OFFENDER REFERRALS''

Referral of substance abuse impaired offenders to service providers.

Screening, assessment, and disposition of

juvenile offender A young offender is a young person who has been convicted or cautioned for a criminal offense. Criminal justice systems often deal with young offenders differently from adult offenders, but different countries apply the term "young offender" ...

s. ''PART VIII'' ''INMATE SUBSTANCE ABUSE PROGRAMS''
397.752
Scope of part.

Definitions.

Duties and responsibilities of the

Department of Corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...

. CRITERIA Criteria for involuntary admission is listed under th
397.675
TIMEFRAMES ⁃ 3–5 days for assessment under special conditions (minors or emergency admissions) ⁃ Non-Court protective custody is limited to 3 days (72 hours). The court can order

involuntary treatment Involuntary treatment (also referred to by proponents as assisted treatment and by critics as forced drugging) refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in so ...

at a licensed service provider for a period not to exceed 60 days PROCEDURE # A sworn affidavit is signed at the local county courthouse or clerk's office. # A hearing is set before the court after a Petition for Involuntary Assessment and Stabilization is filed. # Following the hearing, the individual is held for up to five days for medical stabilization and assessment. # A Petition for Treatment must be filed with the court and a second hearing is held for the court to review the assessment. # Based on the assessment and the recommendation that the individual needs extended help, the judge can then order a 60-day treatment period with a possible 90-day extension, if necessary. # 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. # If the addict refuses, they are held in civil contempt of court for not following treatment order and are ordered to either return to treatment or be incarcerated. COSTS It is an unfunded state requirement and each community must allocate funds for it.Jessica Zimmer, thefix.com - Florida's Marksman Act: Why Involuntary Commitment Works, 11/17/2014. Additionally, there are filing fees with the court.

Text of the act

References

Further reading