How Long Can You Be Held Under the Marchman Act- Understanding the Legal Limits
How Long Can You Be Held on a Marchman Act?
The Marchman Act, also known as the Florida Intoxication Assessment and Treatment Act, is a Florida statute that allows for the involuntary commitment of individuals who are deemed to be a danger to themselves or others due to substance abuse. One of the most common questions surrounding the Marchman Act is, “How long can you be held on a Marchman Act?” Understanding the duration of this involuntary commitment is crucial for individuals and their loved ones who may be affected by this legal process.
Under the Marchman Act, an individual can be held for up to 72 hours without a court order. This initial period is designed to allow for a thorough assessment of the individual’s substance abuse and mental health issues. During this time, the individual may be held in a hospital or a residential treatment facility.
If the individual is deemed to be a danger to themselves or others, a court hearing can be requested by the individual or their loved ones. At this hearing, a judge will determine whether the individual should be involuntarily committed for a longer period. If the judge grants the request, the individual can be held for up to 60 days. This extended period is intended to provide the individual with the necessary treatment and support to address their substance abuse issues.
It is important to note that the Marchman Act does not allow for indefinite detention. After the initial 72 hours and the potential 60-day extension, the individual must either be released or committed to a residential treatment facility on a voluntary basis. If the individual is released, they may be subject to court-ordered outpatient treatment or other conditions set by the court.
The duration of the Marchman Act commitment can vary depending on the individual’s circumstances and the judge’s decision. It is crucial for individuals and their loved ones to understand that the goal of the Marchman Act is to provide necessary treatment and support, not to punish or indefinitely detain the individual.
In conclusion, an individual can be held on a Marchman Act for up to 72 hours without a court order, followed by a potential 60-day extension if deemed necessary by a judge. It is essential for those affected by the Marchman Act to seek legal counsel and support to navigate the process and ensure that the individual receives the appropriate treatment and care.
