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BAKER ACTED FROM THE VOLUSIA COUNTY JAIL Are County Jail Inmates Being Baker Acted Whether They Need It Or Not, Just To Satisfy An Internal Policy Requirement At The County Jail? Are Volusia County Jail Inmates Being Illegally Detained And Baker Acted? |
June 17, 2013 |
Is Florida State Law being followed
Agreement between County Jail (Corizon)
and Stewart Marchman Act
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Florida Statutes The Baker Act OF THE BAKER ACT? Matchbox Twenty - Unwell The allegations that we have received, state that jail officials are requiring any inmate on any in house (jail) mental health watch, to submit to a mental health evaluation prior to their release from jail custody. These mental health watches within the jail, should NOT be equated with a Baker Act mental health evaluation. They are merely in-house assessments. Per the received allegations, these in house (jail) evaluations are easily completed during daytime hours when the jail has mental health staff on duty. However, these allegations go on to outline, that during night hours, when the jail does not have appropriate mental health staff on duty, these mental health evaluations on inmates pending release are accomplished by requiring the inmates to be transported to Stewart-Marchman-Act for a mental health assessment. Allegedly these inmates are required,by jail staff, to participate in these off jail site evaluations, as a condition of their release from jail custody. VolusiaExposed was NOT able to secure any verification or denials of these allegations from Volusia County jail officials. This senior administrator confirmed to VolusiaExposed that their agency and the jail's medical contractor, Corizon, had an agreement to conduct voluntary mental health evaluations of recently released inmates. 
Continued Below |
The Baker Acting of Inmate # 900204  
Click Here to review PDF copy |
 QUESTIONS AND OBSERVATIONS ATTACHED TO THE BAKER ACTING OF INMATE # 900204 1. If Inmate #900204 was not answering questions - how did she secure an ROR (release on our recogizance) release from the office of Pre-trial Release (PTR)? 2. According to the above records, Inmate #900204 was authorized by the court to be released at 3:06pm on May 17, 2013. However, per the above report filed by Volusia County Sheriff Deputy Igo - she (900204) was detained an additional 3 hours pending his (Igo) Baker Act assessment. 3. During Deputy Igo's initial Baker Act assessment - he documents that she did not meet the criteria to be Baker Acted - why was she (900204) not released from custody? Is this a possible incident of false imprisonment by jail officials? 4. Under what legal authority did Volusia County Jail officials continue to detain Inmate #900204 beyond Deputy Igo's initially refusal to Baker Act her? (Inmate 900204 was detained an additional 3 plus hours, pending Deputy Igo's return to the jail at approximately 10:15 PM - 6 hours total at this time) 5. Nurse Birt advised Deputy Igo that Inmate # 900204 refused to answer "ANY" medical questions - so how did Nurse Birt know what medications Inmate # 900204 was prescribed, and that she was not taking them? (Especially given that Inmate # 900204 had only been in-custody for 1 day - and records indicate that this was her first arrest in Volusia County) Also, Nurse Birt states she spoke to the inmate's family in the "northern states" - how did she do this if the inmate wasn't cooperating or talking? And under what authority did she speak to these family members? Does HIPAA ring any bells? 6. Deputy Igo documents that during his initial trip to the jail, whereas he ascertained the Inmate # 900204 did NOT meet the Baker Act criteria - that jail staff was going to attempt to get her to voluntarily submit to a mental health evaluation. Did jail staff mean an in house jail evaluation - or were they going to attempt to get her to accept the Act van ride to SMA facility, thus passing the liability buck to ACT? |
The Stewart-Marchman-Act senior administrator explained to VolusiaExposed, that for at least the last few months, Stewart-Marchman-Act staff had been running a transport van to the jail to pickup any recently released inmate(s) requesting a voluntary mental health evaluation.
The senior SMA administrator appeared to be genuinely proud of his agency's commitment to this service. And given his understanding - he should have been proud (our opinion).
However, once we (VolusiaExposed) advised him of the allegation, that these inmates were being mandated by the jail to accept the SMA van ride, as a condition of their release from jail custody, a look of concern appeared on the administrator's face.
The administrator informed us that since the start of the program - only one inmate to his knowledge had accepted the SMA voluntary mental health evaluation, out of several picked up and transferred. The rest had demanded to be immediately released to awaiting friends or family, or requested to use the SMA phones in order to arrange a ride.
THE BAKER ACTING OF INMATE # 900204
A Case Study
The Volusia County Jail's Practice Of Baker Acting Inmates Pending Release From Custody
The bottomline here is whether the Volusia County Division of Corrections (County Jail) is abusing the Baker Act, in order to reduce their perceived liability of releasing inmates after dark.
In April 2009, recently released Inmate Dawn Abraham was struck and killed by a car, as she walked semi-nude down a dark busy highway.
April 2009
Inmate Dawn Abraham's Death
Obviously, the events of Abraham's death raised many concerns regarding the release of possibly impaired inmates, especially during night hours.
These concerns were also brought forward, regarding a similar incident coming out of St. John's county.
September 2010
Inmate Dominic Amodeo's Death
In the above section of this article, VolusiaExposed has addressed some of the concerns and questions attached to the Baker Acting of Inmate # 900204. We have decided not to directly identify the name of this particular inmate - although this information can be easily obtained, and is public record - we did not wish to create an internet record of this woman's experience at the hands of the Volusia County jail. In short, we believe she has been victimized, and we in no way, shape or form, wish to add to that victimization.
OUR FINAL THOUGHTS
And request for assistance
We suspect that the jail's, and their contractual medical provider, Corizon's - primary purpose, is to shift the liability to Stewart-Marchman-Act, by having SMA to transport these inmates off of jail property. After all, if in 2009, Inmate Abraham had been transported by SMA, and then been allowed to depart SMA without submitting to the voluntary mental health evaluation - any liability for her tragic death would be logically attached to SMA, and not Corizon or the County jail.
So let's say our suspicions are right - what's wrong with that - if SMA assumes that liability, isn't that just a smart business practice by both the jail and Corizon?
On the surface, nothing is wrong with shifting the liability, especially if SMA is more than willing to accept it. However, here is a problem. The criteria of whether someone meets the statutory requirements of the Baker Act is rather high - and it should NEVER be lowered or manipulated in order for an agency to comply with some internal policy, or in the reduction of liability to that agency.
Our country's founding fathers insured that we enjoyed certain rights. One of those rights was the right not to be deprived our liberty without due process of law. So do YOU, as one of our readers, suspect that Inmate #900204 was deprived of her liberty without due process of law?
Amendment V of the US Constitution
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Our founding fathers also insured that, we as citizens have the right to peaceable assemble (even electronically on this website), to petition our government for redress of our grievances.
With that thought in mind - we (VolusiaExposed.Com) would like to hear from anyone that has been advised by jail officials, that they had to participate in the SMA evaluation, as a condition of their release from jail custody, or anyone that was Baker Acted from the Volusia County jail. YOUR INFORMATION WILL BE KEPT CONFIDENTIAL, TO THE DEGREE AND MANNER, AS YOU REQUEST IT TO BE.
EMAIL US
Amendment I of the US Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Also, if after reading this, you feel as we do, that something is wrong here - we ask you to let your voice be heard to the appropriate elected officials - before you no longer can voice your opinion freely. Below is a link to elected officials who can make a change.
Volusia County Council
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"First they came for the Socialists, and I did not speak out--
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out-- Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out-- Because I was not a Jew.
Then they came for me--and there was no one left to speak for me".
Rev. Martin Niemöller,
a prominent Protestant pastor
who opposed the Nazi regime.
The senior SMA administrator appeared to be genuinely proud of his agency's commitment to this service. And given his understanding - he should have been proud (our opinion).
However, once we (VolusiaExposed) advised him of the allegation, that these inmates were being mandated by the jail to accept the SMA van ride, as a condition of their release from jail custody, a look of concern appeared on the administrator's face.
The administrator informed us that since the start of the program - only one inmate to his knowledge had accepted the SMA voluntary mental health evaluation, out of several picked up and transferred. The rest had demanded to be immediately released to awaiting friends or family, or requested to use the SMA phones in order to arrange a ride.
A Case Study
The Volusia County Jail's Practice Of Baker Acting Inmates Pending Release From Custody
In April 2009, recently released Inmate Dawn Abraham was struck and killed by a car, as she walked semi-nude down a dark busy highway.
Inmate Dawn Abraham's Death
Obviously, the events of Abraham's death raised many concerns regarding the release of possibly impaired inmates, especially during night hours.
These concerns were also brought forward, regarding a similar incident coming out of St. John's county.
Inmate Dominic Amodeo's Death
In the above section of this article, VolusiaExposed has addressed some of the concerns and questions attached to the Baker Acting of Inmate # 900204. We have decided not to directly identify the name of this particular inmate - although this information can be easily obtained, and is public record - we did not wish to create an internet record of this woman's experience at the hands of the Volusia County jail. In short, we believe she has been victimized, and we in no way, shape or form, wish to add to that victimization.
And request for assistance
So let's say our suspicions are right - what's wrong with that - if SMA assumes that liability, isn't that just a smart business practice by both the jail and Corizon?
On the surface, nothing is wrong with shifting the liability, especially if SMA is more than willing to accept it. However, here is a problem. The criteria of whether someone meets the statutory requirements of the Baker Act is rather high - and it should NEVER be lowered or manipulated in order for an agency to comply with some internal policy, or in the reduction of liability to that agency.
Our country's founding fathers insured that we enjoyed certain rights. One of those rights was the right not to be deprived our liberty without due process of law. So do YOU, as one of our readers, suspect that Inmate #900204 was deprived of her liberty without due process of law?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
With that thought in mind - we (VolusiaExposed.Com) would like to hear from anyone that has been advised by jail officials, that they had to participate in the SMA evaluation, as a condition of their release from jail custody, or anyone that was Baker Acted from the Volusia County jail. YOUR INFORMATION WILL BE KEPT CONFIDENTIAL, TO THE DEGREE AND MANNER, AS YOU REQUEST IT TO BE.
EMAIL US
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Then they came for the Trade Unionists, and I did not speak out-- Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out-- Because I was not a Jew.
Then they came for me--and there was no one left to speak for me".
Rev. Martin Niemöller,
a prominent Protestant pastor
who opposed the Nazi regime.
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If you found this article to be thought provoking, we (VolusiaExposed.Com) invite you to review, the below linked, Special Investigative Report, exposing law enforcement corruption with the State of Florida. SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION by Matthew Doig and Anthony Cormier Volusia County Sheriff's Department Drop us a line to let us know what you think.  EMAIL US DOES SHERIFF JOHNSON HAVE A SUBSTANCE ABUSE PROBLEM? Play the above video - and then decide for yourself. Sheriff Johnson claiming that he does not drink. (October 2012) |
and VCSO Press Releases The VCSO issued a press release on the Stewart-Marchman molestation incident - but did not issue a press release of a jail rape - why not? No VCSO Press Release on Jail Rape? Rape at the Volusia Jail INFLUENCE THE JAIL'S RAPE INVESTIGATION? Nancye Jones' husband, VCSO Major Robert Jones, supervises the deputies that investigate possible criminal violations within the county jail. We have concerns that several criminal investigations have been possibly manipulated, in order to reduce the County of Volusia's civil liability. Our concern includes this particular in-custody sexual battery investigation, and the below listed situations. We invite you to review our concerns. Falsification of Documents by County Officials  |